Common use of Owned Personal Property Clause in Contracts

Owned Personal Property. Except as set forth in Schedule ---------------------- 3.14(b), the Companies own all such personal property owned by them, 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, (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 the Companies, and their Personnel in their capacity as such) who are in possession of or who are using any such item of personal property;

Appears in 2 contracts

Samples: Acquisition Agreement (Smithfield Foods Inc), Acquisition Agreement (Smithfield Foods Inc)

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Owned Personal Property. Except as set forth in on Schedule ---------------------- 3.14(b3.9(b), the Companies own Company has good and marketable title to all such personal property owned by themit, 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, (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 the Companies, and their Personnel in their capacity as suchCompany) who are in possession of or who are using any such item of personal property;.

Appears in 1 contract

Samples: Merger Agreement (Essential Therapeutics Inc)

Owned Personal Property. Except as set forth in Schedule ---------------------- 3.14(b), the Companies own all such personal property owned by them, 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, (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 the Companies, and their Personnel in their capacity as such) who are in possession of or who are using any such item of personal property;

Appears in 1 contract

Samples: Acquisition Agreement (Smithfield Foods Inc)

Owned Personal Property. Except as set forth in Schedule ---------------------- 3.14(b)3.14, ----------------------- the Companies Company and its Subsidiaries own all such personal property owned by them, free and clear of any and all Encumbrances other than Permitted Encumbrances. With respect to each such item of personal property owned by the Company or any of its Subsidiaries, except as set forth in Schedule 3.14, (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, (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 the CompaniesCompany and its Subsidiaries, and their Personnel in their capacity as such) who are in possession of or who are using any such item of personal property;

Appears in 1 contract

Samples: Stock Subscription Agreement (Red Robin Gourmet Burgers Inc)

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Owned Personal Property. Except as set forth in Schedule ---------------------- 3.14(b)4.5.2, the Companies own -------------- Seller has good and marketable title to all such personal property owned by themit, free and clear of any and all Encumbrances. To the knowledge of Seller, any exceptions from such personal property being transferred free and clear of all Encumbrances other than Permitted Encumbrancesare not, in the aggregate, material. 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, (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 the Companies, Seller and their Personnel in their capacity as suchits Employees) who are in possession of or who are using any such item of personal property;.

Appears in 1 contract

Samples: Asset Purchase Agreement (Skynet Holdings Inc)

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