Marketable Title to Assets. The Acquired Fund will have, at the Effective Time, good and marketable title to, and full right, power and authority to sell, assign, transfer and deliver, the assets to be transferred to the Acquiring Fund. Upon delivery and payment for such assets, the Acquiring Fund will have good and marketable title to such assets without restriction on the transfer thereof free and clear of all liens, encumbrances and adverse claims.
Marketable Title to Assets. As at the Closing Time,
Marketable Title to Assets. The Selling Fund will have, at the Effective Time, good and marketable title to, and full right, power and authority to sell, assign, transfer, and deliver the assets to be transferred to the Acquiring Fund. Upon delivery and payment for these assets, the Acquiring Fund will have good and marketable title to the assets without restriction on the transfer of the assets free and clear of all liens, encumbrances, and adverse claims.
Marketable Title to Assets. Parent has good and marketable title to the properties and assets reflected on the 1999 Parent Balance Sheet as being owned by Parent, and all properties and assets thereafter acquired by it, except to the extent such properties and assets are or were thereafter disposed of for fair value in the ordinary course of business; all such properties and assets are free and clear of all liens, charges and encumbrances, except (i) those set forth or reflected in the 1999 Parent Balance Sheet, (ii) liens for taxes not yet due and payable or being contested in good faith, or (iii) defects in title and liens, charges and encumbrances, if any, as do not materially detract from the value, or materially interfere with the present or proposed use, of the property or assets subject thereof or affected thereby, or otherwise materially impair business operations of Parent, taken as a whole. The operation of the properties and business of Parent in the manner in which they are now operated do not, to the knowledge of Parent, violate any zoning ordinances or municipal regulations in such a way as could, if such ordinances or regulations were enforced, result in any material impairment of the uses of the respective properties for the purposes for which they are now operated. All real and personal property leased by Parent is held by Parent under valid, subsisting and enforceable leases.
Marketable Title to Assets. The Acquired Portfolio will have, at the Effective Time, good and marketable title to, and full right, power and authority to sell, assign, transfer and deliver, the assets to be transferred to the Acquiring Portfolio. Upon delivery and payment for such assets, including the assumption of related liabilities, the Acquiring Portfolio will have good and marketable title to such assets without restriction on the transfer thereof, free and clear of all liens, encumbrances and adverse claims.
Marketable Title to Assets. (i) The Company and the Subsidiaries own, hold or lease all such properties as are necessary to the conduct of their respective businesses as presently operated and as proposed to be operated as described in the Continuous Disclosure Documents; EXECUTION VERSION
Marketable Title to Assets. The Company has good and marketable title to all its properties and assets, including those reflected on the most recent balance sheet of the Financial Statements, and except as set forth on the Schedule of Mortgages, Liens and Other Encumbrances hereto such properties and assets are not subject to any mortgage, pledge, lien, restriction, claim, encumbrance or security interest. Set forth in the Schedule of Properties and Assets is a correct and complete list of all of the Company's properties and assets.
Marketable Title to Assets. Oxycal and each of the Subsidiaries has good and marketable title to its real and personal property, including leaseholds, and all of its other assets and properties, all as reflected in the Current Financial Statements, except for (i) taxes not yet due or which are being contested in good faith and for which adequate reserves have been established and which have been disclosed to Parent, and (ii) assets and properties disposed of since June 30, 1997, in the ordinary course of business, and (iii) any matters reflected in Schedule 2.8. Oxycal and each of the Subsidiaries has title or other rights to its assets sufficient in all material respects for the conduct of its business as presently conducted.
Marketable Title to Assets. The Mid Cap II Fund will have, as of the Effective Time, good and marketable title to, and full right, power and authority to sell, assign, transfer, and deliver, the assets to be transferred to the Mid Cap Fund. Upon delivery and payment for these assets, the Mid Cap Fund will have good and marketable title to the assets without restriction on the transfer of the assets.
Marketable Title to Assets. The Transferring Fund will have, at the Effective Time, good and marketable title to, and full right, power and authority to sell, assign, transfer and deliver, the assets to be transferred to the Acquiring Fund. Upon delivery and payment for such assets, the Acquiring Fund will have good and marketable title to such assets without restriction on the transfer thereof free and clear of all liens, encumbrances and adverse claims.
