Common use of Owned Personal Property Clause in Contracts

Owned Personal Property. Except as set forth in Schedule 3.9(b), Empower has good and marketable title to all such personal property owned by it, free and clear of any and all Encumbrances other than Permitted Encumbrances. With respect to each such item of personal property (i) there are no Leases, subleases, licenses, options, rights, concessions or other agreements, written or oral, granting to any party or parties the right of use of any portion of such item of personal property (except licenses of Proprietary Rights in the ordinary course of business), (ii) there are no outstanding options or rights of first refusal in favor of any other party to purchase any such item of personal property or any portion thereof or interest therein and (iii) there are no parties (other than Empower and its Employees) who are in possession of or who are using any such item of personal property.

Owned Personal Property. Except as set forth in on Schedule 3.9(b), Empower the Company has good and marketable valid title to all such personal property (other than Proprietary Rights, as they are addressed in Section 3.23 below) owned by it, free and clear of any and all Encumbrances other than Permitted Encumbrances. With respect to each such item of personal property (i) there are no Leasesleases, subleases, licenses, options, rights, concessions or other agreements, written or oral, granting to any party or parties the right of use of any portion of such item of personal property (except licenses of Proprietary Rights in the ordinary course of business)property, (ii) there are no outstanding options or rights of first refusal in favor of any other party to purchase any such item of personal property or any portion thereof or interest therein and (iii) there are no parties (other than Empower and its Employeesthe Company) who are in possession of or who are using any such item of personal property.

Owned Personal Property. Except as set forth in Schedule 3.9(b)Section 3.5(b) of the Seller Disclosure Schedule, Empower each Seller has good and marketable title to all such personal property Assets owned by it, free and clear of any and all Encumbrances other than Encumbrances, except Permitted Encumbrances. With respect to each such item of personal property Assets, (i) there are no Leases, subleases, licenses, options, rights, concessions or other agreements, written or oral, granting to any party or parties the right of use of any portion of such item of personal property (except licenses of Proprietary Rights in the ordinary course of business)property, (ii) there are no outstanding options or rights of first refusal in favor of any other party to purchase any such item of personal property or any portion thereof or interest therein and (iii) there are no parties (other than Empower and its Employeesany Seller) who are in possession of or who are using any such item of personal property.