Indefeasible Title Clause Samples
An Indefeasible Title clause establishes that the title to a property is absolute and cannot be challenged or set aside, except in very limited circumstances defined by law. In practice, this means that once a person is registered as the owner of a property, their ownership is protected against most claims, even if there were defects or issues in previous transactions. This clause is fundamental in real estate transactions as it provides certainty and security to property owners, ensuring that their legal ownership cannot be easily disputed or overturned.
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Indefeasible Title. Borrower shall have good, indefeasible and merchantable title to the Property, free and clear of all Liens other than Permitted Liens.
Indefeasible Title. Borrower and the UPP Subpartnerships, as applicable, shall have good, indefeasible and merchantable title to the Unencumbered Pool Properties, free and clear of all Liens other than Permitted Liens.
Indefeasible Title. Borrower and the Pledgor ------------------ Subpartnerships, as applicable, shall have good, indefeasible and merchantable title to the Collateral, free and clear of all Liens other than Permitted Liens.
Indefeasible Title. Except for Permitted Encumbrances (as defined in Section 1.9 of this Agreement), and as set forth in Schedule 3.16 attached to this Agreement, iNet has Marketable Title to all of its assets and properties, including fee interests in real property and title to all its other properties and assets owned as of the date of this Agreement and as of the Closing Date, free and clear of all mortgages, liens, pledges, charges, claims (real or asserted) or encumbrances of any nature whatsoever, reorganization, readjustment of debt, moratorium, general principles of equity or other laws of general application related to or affecting the enforcement of creditor's rights generally. iNet has not received notice or have any reason to know, of any claim to material default under any such Leases. iNet has Marketable Title to the mineral interests described on Schedule 3.16 free and clear of all security interests, claims, liens and encumbrances of any nature, other than Permitted Encumbrances.
Indefeasible Title. The Borrower and each of its Consolidated Subsidiaries has good, merchantable fee and indefeasible fee title to all Real Property Assets owned by it, in each case free and clear of all Liens other than Permitted Liens.
Indefeasible Title. The Mortgagor warrants that:
(a) the Mortgagor has (or is immediately entitled to and able to obtain) an indefeasible title to the Mortgaged Property and that the Mortgaged Property is not subject to:
(i) Securities granted in favour of another person;
(ii) litigation, arbitration, administrative proceeding or threatened litigation, arbitration or administrative proceeding;
(iii) transfer or cancellation under any share buy back agreement approved under the Corporations Law;
(iv) other Claim or interest having priority over or competing with or likely to affect this Mortgage, except as is specifically described in this Mortgage or has been unequivocally accepted in writing by the Mortgagee; and
(b) to the best of the Mortgagor’s knowledge, no person alleges or makes or will allege or make a Claim to any interest referred to in clause 8.1(a) or intends or has threatened to commence any proceedings in respect of a Claim.
Indefeasible Title. Except for Permitted Encumbrances (as defined in Section 1.9 of this Agreement), and as set forth in Schedule 3.17 attached to this Agreement, Piper has Marketable Title to all of its assets and properties (other than the Leases and mineral interests for which a separate representation is made in Section 3.18 of this Agreement), including fee interests in real property and title to all its other properties and assets owned as of the date of this Agreement and as of the Closing Date, free and clear of all mortgages, liens, pledges, charges, claims (real or asserted) or encumbrances of any nature whatsoever.