Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 24 contracts
Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (Clark Holdings Inc.)
Ownership of Properties; Liens. Each of Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) ), except as permitted by Section 11.27.2.
Appears in 10 contracts
Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Staffmark Holdings, Inc.), Credit Agreement (PNG Ventures Inc)
Ownership of Properties; Liens. Each Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its material properties and assets, real and personal, tangible and intangible, of any nature whatsoever that it purports to own (including patents, trademarks, trade names, service marks and copyrightsIntellectual Property), free and clear of all Liens, Liens and charges and claims (including infringement claims with respect to patentsIntellectual Property), trademarks, service marks, copyrights except Permitted Liens and the like) except as permitted by Section 11.2set forth on Schedule 5.7.
Appears in 8 contracts
Samples: Credit Agreement (Misonix Inc), Credit Agreement (New Misonix, Inc.), Credit Agreement (Hooper Holmes Inc)
Ownership of Properties; Liens. Each of Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), other than Intellectual Property free and clear of all Liens, charges and claims (including infringement claims with respect to patentsclaims, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 5 contracts
Samples: Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (Obalon Therapeutics Inc)
Ownership of Properties; Liens. Each Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its material properties and assets, real and personal, tangible and intangible, of any nature whatsoever that it purports to own (including patents, trademarks, trade names, service marks and copyrightsIntellectual Property), free and clear of all Liens, Liens and charges and claims (including infringement claims with respect to patentsIntellectual Property), trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Aralez Pharmaceuticals Inc.)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its material properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2other than Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (Continental Materials Corp), Credit Agreement, Credit Agreement (Continental Materials Corp)
Ownership of Properties; Liens. Each Loan Party and its Subsidiaries owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as for Liens permitted by Section 11.27.02 and except where the failure to have such title or other interest could not reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.211.2 and listed in Schedule 9.7.
Appears in 3 contracts
Samples: Credit Agreement (Winmark Corp), Day Revolving Credit Agreement (Winmark Corp), Revolving Credit Agreement (Winmark Corp)
Ownership of Properties; Liens. Each Loan Party and each Guarantor owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, having a value in excess of $10,000, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 2 contracts
Samples: Credit Agreement (Landauer Inc), Credit Agreement (Landauer Inc)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its owned material properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all material Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.28.2.2 [Liens].
Appears in 2 contracts
Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp), Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)
Ownership of Properties; Liens. Each Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its material properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) like other than such infringement claims which do not exceed $275,000 in the aggregate), except as permitted by Section 11.2Permitted Liens.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its owned material properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all material Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 2 contracts
Samples: Credit Agreement (Westinghouse Air Brake Technologies Corp), Credit Agreement (Westinghouse Air Brake Technologies Corp)
Ownership of Properties; Liens. Each of Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.27.2.
Appears in 2 contracts
Samples: Credit Agreement (AmWINS GROUP INC), Second Lien Credit Agreement (AmWINS GROUP INC)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of owned real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patentsother than such Loan Party’s intellectual property, trademarks, trade names, service marks and copyrightswhich is addressed in Section 9.17), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 2 contracts
Samples: Credit Agreement (Lecg Corp), Credit Agreement (Lecg Corp)
Ownership of Properties; Liens. Each Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its material properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) like other than such infringement claims which do not exceed $250,000 in the aggregate), except as permitted by Section 11.2Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Performance Health Holdings Corp.)
Ownership of Properties; Liens. Each Except as disclosed on Schedule 5.07, each Loan Party and its Subsidiaries owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.27.02.
Appears in 2 contracts
Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to to, or holds valid leasehold interests or licenses in, all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights)whatsoever, free and clear of all Liens except Permitted Liens. There are no financing statements, charges and claims (including infringement claims mortgages or similar documents executed by the Company or any other Loan Party or of public record against the Company or any other Loan Party, except with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Pioneer Financial Services Inc), Credit Agreement (Pioneer Financial Services Inc)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.210.8.
Appears in 1 contract
Ownership of Properties; Liens. Each Except as set forth on Schedule 9.07 attached hereto, each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.211.02.
Appears in 1 contract
Samples: Credit Agreement (Janel Corp)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.permitted
Appears in 1 contract
Samples: Credit Agreement (Infrastructure & Energy Alternatives, Inc.)
Ownership of Properties; Liens. Each of Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) ), except as permitted by Section 11.2SECTION 7.2.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Clayton Holdings Inc)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangibleintangible (including each Portfolio Investment), of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patentsclaims, trademarks, service marks, copyrights and the like) except as permitted by under Section 11.210.8.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2for Permitted Liens.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) ), except as permitted by Section 11.21.2.
Appears in 1 contract
Samples: Credit Agreement (Rosetta Stone Inc)
Ownership of Properties; Liens. Each Borrower and each other Loan Party and their respective Subsidiaries owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) ), except as permitted by Section 11.2Permitted Liens.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns has good and, in the case of real property, and marketable title to and is the sole owner of all of its properties and assetsassets (other than any assets that are subject to a lease), real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), . All of the Loan Parties’ properties and assets are free and clear of all Liens, charges and claims (including including, to the knowledge of Borrower, infringement claims with respect to patentsIntellectual Property), trademarks, service marks, copyrights and the like) except as permitted by Section 11.2other than Permitted Liens.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, in the case has ownership of real property, marketable title or sufficient rights to use all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2for Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Material Sciences Corp)
Ownership of Properties; Liens. Each Borrower and each other Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patentsIntellectual Property Collateral owned by a Borrower or any other Loan Party) or valid leasehold interests or licensed rights, trademarks, trade names, service marks and copyrights)where applicable, free and clear of all Liens, charges and claims (including infringement claims with respect to patentsclaims, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its owned properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges Liens and claims (including all infringement claims with respect to patents, trademarks, service marks, copyrights and the like) , except as permitted by Section 11.2.
Appears in 1 contract
Samples: Credit Agreement (Fresh Brands Inc)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2other than Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement (Uti Worldwide Inc)
Ownership of Properties; Liens. Each Loan Party and each Subsidiary owns good and, in the case of owned real property, marketable marketable, title to all of its material properties and material assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrightsOwned Intellectual Property), free and clear of all Liens, charges and claims (including infringement claims with respect to patentsclaims, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Microvast Holdings, Inc.)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and material assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrightscopyrights necessary for operation of its business), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2Permitted Liens.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its material properties and assetsassets which it owns or purports to own, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 1 contract
Samples: Credit Agreement (Epiq Systems Inc)
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), ) material to its business free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2other than Permitted Liens and other charges or claims which would not have nor could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable or good insurable, title to to, or holds valid leasehold interests in, all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 1 contract
Ownership of Properties; Liens. Each Except as set forth in Schedule 9.7, each Loan Party owns good and, in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, ------------------------------ in the case of real property, marketable title to all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2.. ------------
Appears in 1 contract
Ownership of Properties; Liens. Each Loan Party owns good and, in the case of real property, marketable valid title to to, or valid leasehold interests in, all of its properties and or assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except as permitted by Section 11.2for Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement (American Railcar Industries, Inc.)