Common use of Owned Property Clause in Contracts

Owned Property. Borrower and the Material Subsidiaries have, respectively, good and marketable fee title to all the real property reflected in the Borrower Financial Statements, and good and marketable title to all other property and assets reflected in the Borrower Financial Statements, except for (a) real property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank, (b) property or other assets leased by Borrower or any Material Subsidiary, and (c) property and assets acquired, sold or otherwise disposed of for their fair market value subsequent to the date of the Borrower Financial Statements. Except for property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank and property or other assets leased by Borrower or any Material Subsidiary, all property and assets of any kind (real or personal, tangible or intangible) of Borrower and any Material Subsidiary are free from any liens, encumbrances or defects in title, except for (a) Permitted Liens and (b) such defects in title as would not be reasonably expected to have a Material Adverse Effect. Except as identified in Section 4.5.1 of the Disclosure Schedule or as may be filed in connection with any Permitted Lien, no financing statement under the UCC that names Borrower or any Material Subsidiary as debtor has been filed and none of the Borrower nor any Material Subsidiary has signed any financing statement or any pledge agreement authorizing any secured party thereunder to file any such financing statement.

Appears in 2 contracts

Samples: Loan Agreement (First Midwest Bancorp Inc), Loan Agreement (First Midwest Bancorp Inc)

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Owned Property. Borrower and the Material Subsidiaries have, respectively, good and marketable fee title to all the real property Property reflected in the Borrower Financial Statements, and good and marketable title to all other property and assets reflected in the Borrower Financial Statements, except for (a) real property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank, (b) property or other assets leased by Borrower or any Material Subsidiary, and (c) property and assets acquired, sold or otherwise disposed of for their then fair market value subsequent to the date of the Borrower Financial Statements. Except for property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank and property or other assets leased by Borrower or any Material Subsidiary, all property and assets of any kind (real or personal, tangible or intangible) of Borrower and any Material Subsidiary are free from any liens, encumbrances or defects in title, except for (a) Permitted Liens and (b) such defects in title as would not be reasonably expected to have a Material Adverse Effect. Except as identified in Section 4.5.1 of the Disclosure Schedule or as may be filed in connection with any Permitted Lien, no financing statement under the UCC that names Borrower or any Material Subsidiary Bank as debtor has been filed and none of the neither Borrower nor any Material Subsidiary Bank has signed any financing statement or any pledge agreement authorizing any secured party thereunder to file any such financing statement.

Appears in 2 contracts

Samples: Loan Agreement (German American Bancorp, Inc.), Loan Agreement (Mainsource Financial Group)

Owned Property. Borrower and the Material Subsidiaries have, respectively, good and marketable fee title to all the real property reflected in the Borrower Financial Statements, and good and marketable title to all other property and assets reflected in the Borrower Financial Statements, except for (a) real property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bankany depository institution Subsidiary, (b) property or other assets leased by Borrower or any Material Subsidiary, and (c) property and assets acquired, sold or otherwise disposed of for their fair market value subsequent to the date of the Borrower Financial Statements. Except for property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to any depository institution Subsidiary Bank and property or other assets leased by Borrower or any Material Subsidiary, all property and assets of any kind (real or personal, tangible or intangible) of Borrower and any Material Subsidiary are free from any liens, encumbrances or defects in title, except for (a) Permitted Liens and (b) such defects in title as would not be reasonably expected to have a Material Adverse Effect. Except material adverse effect upon the financial condition, business or operations of Borrower and (c) pledged assets as identified described in Section 4.5.1 of the Disclosure Schedule or as may be filed in connection with any Permitted Lien. Except as identified in Section 4.5.1 of the Disclosure Schedule or otherwise in connection with a Permitted Lien, no financing statement under the UCC that names Borrower or any Material Subsidiary as debtor has been filed and none of the Borrower nor or any Material Subsidiary has signed any financing statement or any pledge agreement authorizing any secured party thereunder to file any such financing statement.

Appears in 1 contract

Samples: Loan Agreement (Talmer Bancorp, Inc.)

Owned Property. Borrower and the Material Subsidiaries have, respectively, good and marketable fee title to all the real property Property reflected in the Borrower Financial Statements, and good and marketable title to all other property and assets reflected in the Borrower Financial Statements, except for (a) real property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank, (b) property or other assets leased by Borrower or any Material Subsidiary, and (c) property and assets acquired, sold or otherwise disposed of for their fair market value subsequent to the date of the Borrower Financial Statements. Except for property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank and property or other assets leased by Borrower or any Material Subsidiary, all property and assets of any kind (real or personal, tangible or intangible) of Borrower and any Material Subsidiary are free from any liens, encumbrances or defects in title, except for (a) Permitted Liens and (b) such defects in title as would not be reasonably expected to have a Material Adverse Effect. Except as identified in Section 4.5.1 of the Disclosure Schedule or as may be filed in connection with any Permitted Lien, no financing statement under the UCC that names Borrower or any Material Subsidiary Bank as debtor has been filed and none of the neither Borrower nor any Material Subsidiary Bank has signed any financing statement or any pledge agreement authorizing any secured party thereunder to file any such financing statement.

Appears in 1 contract

Samples: Loan Agreement (Pinnacle Financial Partners Inc)

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Owned Property. Borrower and the Material Subsidiaries have, respectively, good and marketable fee title to all the real property reflected in the Borrower Financial StatementsProperties, and good and marketable title to all other property and assets reflected in the Borrower Financial Statements, except for (a) real property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary BankBorrower or the Subsidiaries, as the case may be, and (b) property or other assets leased by Borrower or any Material Subsidiary, and (c) property and assets acquired, sold or otherwise disposed of for their fair market value subsequent to the date of the Borrower Financial Statements. Except for property Properties and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Borrower or any Subsidiary Bank and property or other assets leased by Borrower or any Material Subsidiary, all property and assets of any kind (real or personal, tangible or intangible) of Borrower and any Material Subsidiary are free from any liens, encumbrances or defects in title, except for (a) Permitted Liens and (b) such defects in title as would not be reasonably expected any liens granted previously by Borrower to have a Material Adverse EffectLender. Except as identified in Section 4.5.1 of the Disclosure Schedule or as may be filed in connection with any Permitted LienSchedule, no financing statement under the UCC that names Borrower or any Material Subsidiary as debtor has been filed and none of the Borrower nor or any Material Subsidiary has signed any financing statement or any pledge agreement authorizing any secured party thereunder to file any such financing statement.

Appears in 1 contract

Samples: Subordinated Debenture (Ucbh Holdings Inc)

Owned Property. PFP, Borrower and the Material their Subsidiaries have, respectively, good and marketable fee title to all the real property Property reflected in the Borrower Financial Statements, and good and marketable title to all other property and assets reflected in the Borrower Financial Statements, except for (a) real property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary BankBorrower, (b) property or other assets leased by Borrower or any Material Subsidiary, and (c) property and assets acquired, sold or otherwise disposed of for their fair market value subsequent to the date of the Borrower Financial Statements. Except for property and other assets acquired and/or being acquired from debtors in full or partial satisfaction of obligations owed to Subsidiary Bank Borrower and property or other assets leased by Borrower or any Material Subsidiary, all property and assets of any kind (real or personal, tangible or intangible) of Borrower and any Material Subsidiary are free from any liens, encumbrances or defects in title, except for (a) Permitted Liens and (b) such defects in title as would not be reasonably expected to have a Material Adverse Effect. Except as identified in Section 4.5.1 of the Disclosure Schedule or as may be filed in connection with any Permitted Lien, no financing statement under the UCC that names Borrower or any Material Subsidiary PFP as debtor has been filed and none of the neither Borrower nor any Material Subsidiary PFP has signed any financing statement or any pledge agreement authorizing any secured party thereunder to file any such financing statement.

Appears in 1 contract

Samples: Loan Agreement (Pinnacle Financial Partners Inc)

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