Common use of Ownership of Property; Liens Clause in Contracts

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 61 contracts

Samples: Abl Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Credit Agreement (Ultra Clean Holdings, Inc.)

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Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or property (except as could not reasonably be expected to have a valid leasehold interest in, all its other property, Material Adverse Effect) and none of such property is subject to any Lien except as permitted by Section 7.3a Permitted Lien.

Appears in 19 contracts

Samples: Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Avis Budget Group, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyproperty which is material to the operation of such Group Member’s business, and good title to, or a valid leasehold interest in, all its other propertyproperty which is material to the operation of such Group Member’s business, and none of such property is subject to any Lien except as permitted by Section 7.37.2.

Appears in 10 contracts

Samples: Bridge Term Loan Credit Agreement (Agl Resources Inc), Term Loan Credit Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 9 contracts

Samples: Credit Agreement (Colony Capital, Inc.), Fourth Amendment (Colony Capital, Inc.), Credit Agreement (Colony Credit Real Estate, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.7 and except where the failure to have such title or other interest could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Credit Agreement (Navios South American Logistics Inc.), Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (JELD-WEN Holding, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty except as could not reasonably be expected to materially interfere with the conduct of business of the Group Members, taken as a whole, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 8 contracts

Samples: Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each case necessary and related to its operations, except for such property where the failure to maintain such title or interest, individually or in the aggregate, does not have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 7 contracts

Samples: Credit Agreement (Kennametal Inc), Credit Agreement, Credit Agreement (Kennametal Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.37.7 and except where the failure to have such title or other interest would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Clarivate PLC), Credit Agreement (CLARIVATE PLC), Credit Agreement (CLARIVATE PLC)

Ownership of Property; Liens. Each Group Member has good, sufficient and legal title in (in the case of fee simple tointerests in real property), or a valid leasehold interest inin (in the case of leasehold interests in real property), all its real property, and good title to, or a valid leasehold interest in, all its other material personal property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 7 contracts

Samples: Credit Agreement (Dave & Busters Inc), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold interest in, all its other property material to the operation of its business except, as to such real property and other property, for minor defects in title that do not interfere in any material respect with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 6 contracts

Samples: Credit Agreement (Universal Health Services Inc), Credit Agreement (Universal Health Services Inc), Credit Agreement (Universal Health Services Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except in each case as would not reasonably be expected to have a Material Adverse Effect, and none of such property of the Guarantor is subject to any Lien except as permitted by Section 7.36.2.

Appears in 6 contracts

Samples: Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyReal Property, and good title to, or a valid leasehold interest in, all its other propertyproperty (including Mortgage Notes), and none of such property is subject to any Lien except as permitted by Section 7.3. Each Group Member has obtained customary title insurance on its Real Property.

Appears in 5 contracts

Samples: Term Loan Agreement (MPT Operating Partnership, L.P.), Revolving Credit Agreement (Medical Properties Trust Inc), Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty (except where the failure to have such title would not reasonably be expected to have a Material Adverse Effect), and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 5 contracts

Samples: Abl Credit Agreement (Upbound Group, Inc.), Term Loan Credit Agreement (Upbound Group, Inc.), Term Loan Credit Agreement (Rent a Center Inc De)

Ownership of Property; Liens. Each Group Member is the sole owner of, legally and beneficially, and has good marketable and insurable title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertymaterial Property, and none of such property Property is subject to any claims, liabilities, obligations, charges or restrictions of any kind, nature or description or to any Lien except for Permitted Liens. None of the Pledged Stock is subject to any Lien except as permitted by Section 7.3for Permitted Liens.

Appears in 5 contracts

Samples: Credit Agreement (Waste Services, Inc.), Credit Agreement (Waste Services, Inc.), Intellectual Property Security Agreement (Waste Services, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except where the failure to have such title or valid leasehold interest would not, in the aggregate, reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Bioventus Inc.), Second Lien Credit Agreement (Bioventus Inc.), Credit Agreement (Bioventus Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyproperty which is material to the operation of such Group Member’s business, and good title to, or a valid leasehold interest in, all its other propertyproperty which is material to the operation of such Group Member’s business, and none of such property is subject to any Lien except as permitted by Section 7.36.2.

Appears in 5 contracts

Samples: Reimbursement Agreement (Agl Resources Inc), Reimbursement Agreement (Agl Resources Inc), Reimbursement Agreement (Agl Resources Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest inin or a valid license to use, all its other propertyproperty except for such defects in title that would not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 5 contracts

Samples: Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 5 contracts

Samples: Credit Agreement (TrueBlue, Inc.), Credit Agreement (FGX International Holdings LTD), Credit Agreement (Getty Images Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each case material to its business and except for minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purposes, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 4 contracts

Samples: Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, to all its owned real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.2 and except for such defects of title as would not in whole or in part reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Intercreditor Agreement (Fender Musical Instruments Corp), Intercreditor Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyproperty which is material to the operation of such Group Member’s business, and good title to, or a valid leasehold interest in, all its other propertyproperty which is material to the operation of such Group Member’s business, and (except where the failure to have such title, a valid leasehold interest or other enforceable interest is not reasonably likely to have a Material Adverse Effect), and, in the case of any Credit Party, none of such property is subject to any Lien except as permitted by Section 7.36.2.

Appears in 4 contracts

Samples: Reimbursement Agreement (Agl Resources Inc), Reimbursement Agreement (Agl Resources Inc), Reimbursement Agreement (Agl Resources Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 4 contracts

Samples: Credit Agreement (UniTek Global Services, Inc.), Credit Agreement (Superior Offshore International Inc.), Credit Agreement (Superior Offshore International Inc.)

Ownership of Property; Liens. Each member of the Restricted Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3for Permitted Liens.

Appears in 4 contracts

Samples: Credit Agreement (Caribou Coffee Company, Inc.), Lease and License Financing and Purchase Option Agreement (Caribou Coffee Company, Inc.), Credit Agreement (Caribou Coffee Company, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold interest in, all its other material property, in each case, except for minor defects which do not materially interfere with the conduct of the business of such Group Member, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 4 contracts

Samples: Credit Agreement (Mq Associates Inc), Credit Agreement (Mq Associates Inc), Credit Agreement (Mq Associates Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3, except as could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except to the extent the failure to do so could not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 3 contracts

Samples: Credit Agreement (R H Donnelley Corp), Credit Agreement (Donnelley R H Inc), Credit Agreement (Donnelley R H Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty except, in each case, for defects and other imperfections in title that individually or in the aggregate would not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 3 contracts

Samples: Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.)

Ownership of Property; Liens. Each Group Member has such title in fee simple to, or a valid leasehold interest into the real property owned or leased by it as is necessary to the conduct of its business and valid and legal title to all of its personal property owned by it, all its real propertyin each case, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3Permitted Liens.

Appears in 3 contracts

Samples: Abl Credit Agreement (Clearwater Paper Corp), Abl Credit Agreement (Clearwater Paper Corp), Abl Credit Agreement (Clearwater Paper Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, or a license or other right to use, all its other property, and none of such property is subject except in each case as would not reasonably be expected to any Lien except as permitted by Section 7.3have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Knight Capital Group, Inc.), Credit Agreement (Knight Capital Group, Inc.), Credit Agreement (Knight Capital Group, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, a valid easement estate in, or a valid leasehold interest in, as the case may be, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is other than minor defects in title that, individually or in the aggregate, could not reasonably be expected to cause a Material Adverse Effect, subject in each case only to any Lien except as permitted by Section 7.3Customary Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Blueknight Energy Partners, L.P.), Credit Agreement (Blueknight Energy Partners, L.P.), Credit Agreement (Blueknight Energy Partners, L.P.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except where failure to have such title or valid leasehold interest would not be likely to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 3 contracts

Samples: Guarantee Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, or a valid license of, all its other propertyproperty (including Intellectual Property), and none of such the property held in fee simple or to which any Borrower has good title is subject to any Lien except as permitted by Section 7.3.

Appears in 3 contracts

Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other material property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 3 contracts

Samples: Patent Security Agreement (Virgin Mobile USA, Inc.), Credit Agreement (Virgin Mobile USA, Inc.), Credit Agreement (Home Interiors & Gifts Inc)

Ownership of Property; Liens. (a) Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 3 contracts

Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Security Agreement (ESH Hospitality, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except in each case as would not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 3 contracts

Samples: Credit Agreement (Knight Capital Group, Inc.), Credit Agreement (Investment Technology Group Inc), Credit Agreement (Liquidnet Holdings, Inc.)

Ownership of Property; Liens. Each of the Group Member Members has title in fee simple to, or a valid leasehold interest in, all of its real property, and good title to, or a valid leasehold interest in, all its other propertyProperty, and none of such property Property is subject to any Lien except as permitted by Section 7.3.

Appears in 3 contracts

Samples: Credit Agreement (Archstone), Credit Agreement (Archstone), Credit Agreement (Archstone)

Ownership of Property; Liens. Each Group Member has good and marketable title in fee simple to, or a valid leasehold interest in, all its real property, including the Properties, and good title to, or a valid leasehold interest in, all its other material property, and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 3 contracts

Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each case, except those for which the failure to have such title or such leasehold interest could not be reasonably expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 3 contracts

Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.2.

Appears in 3 contracts

Samples: Credit Agreement (Visteon Corp), Credit Agreement (Rodamco North America N V), Visteon Corp

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.03.

Appears in 3 contracts

Samples: Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty (except where the failure to have such title would not reasonably be expected to have a Material Adverse Effect), and none of such property is subject to any Lien except as permitted by Section 7.3.. 4.9

Appears in 3 contracts

Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Upbound Group, Inc.), Term Loan Credit Agreement (Rent a Center Inc De)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each instance, material to the ordinary conduct of its business, other than where the failure to so own or possess would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Thermon Group Holdings, Inc.), Credit Agreement (Thermon Group Holdings, Inc.), Credit Agreement (Thermon Group Holdings, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except to the extent failure to have such title in fee simple to, or valid leasehold interest in, such property could not reasonably be expected to have a Material Adverse Effect and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 3 contracts

Samples: Credit Agreement (New World Restaurant Group Inc), Credit Agreement (New World Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyproperty which is material to the operation of such Group Member’s business, and good title to, or a valid leasehold interest in, all its other propertyproperty which is material to the operation of such Group Member’s business (except where the failure to have such title, and a valid leasehold interest or other enforceable interest is not reasonably likely to have a Material Adverse Effect), and, in the case of the Borrower, none of such property is subject to any Lien except as permitted by Section 7.36.2.

Appears in 3 contracts

Samples: Credit Agreement (Agl Resources Inc), Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.38.3, none of which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, or license to use, all its other property, in each case, as would not result in a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (United Online Inc), Credit Agreement (United Online Inc)

Ownership of Property; Liens. Each Group Member has good and marketable title to the Mortgaged Properties it owns, and to the knowledge of Holdings or the Borrower, has good and marketable title, in fee simple to, or a valid leasehold interest in, all its the case of real property, or good and good title valid title, in the case of other property, to, or a valid leasehold interest in, all its other property, property and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (Del Laboratories Inc), Credit Agreement (Del Laboratories Inc)

Ownership of Property; Liens. Each Except as provided in Schedule 3.8, each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 2 contracts

Samples: Term Loan Agreement (Esmark INC), Term Loan Agreement (Wheeling Pittsburgh Corp /De/)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.37.3 and except where the failure to have such title or other property interests described above could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Dealertrack Technologies, Inc), Credit Agreement (DealerTrack Holdings, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except (i) as set forth in the title policies and/or endorsements delivered in connection with the Original Credit Agreement or the First Amended and Restated Credit Agreement and (ii) as permitted by Section 7.3.

Appears in 2 contracts

Samples: Third Amended and Restated Credit Agreement (Newpark Resources Inc), Credit Agreement (Newpark Resources Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold interest in, all its other material property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (Educate Inc), Credit Agreement (Educate Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty necessary in the course of their respective businesses, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (International Multifoods Corp), Credit Agreement (International Multifoods Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other material property, and none . None of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 2 contracts

Samples: Credit Agreement (Innophos Investment Holdings, Inc.), Credit Agreement (Innophos, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, in or right to use all its other propertyproperty except as could not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.37.2.

Appears in 2 contracts

Samples: Credit Agreement (Clearwire Corp), Credit Agreement (Clearwire Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good and marketable title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.10.

Appears in 2 contracts

Samples: Term Loan Agreement (Haights Cross Communications Inc), Term Loan Agreement (Haights Cross Communications Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty (other than the Liens created by the Security Documents), and none of such property is subject to any Lien except as permitted by Section 7.3, except as could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3. None of the Pledged Equity Interests is subject to any Lien except for Liens permitted by Section 7.3.

Appears in 2 contracts

Samples: Bridge Loan Credit Agreement (Sports Entertainment Enterprises Inc), Bridge Loan Credit Agreement (CKX, Inc.)

Ownership of Property; Liens. Each Group Member has good and legal title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and, on and after the Closing Date, none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 2 contracts

Samples: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.37.2.

Appears in 2 contracts

Samples: Credit Agreement (M & F Worldwide Corp), Credit Agreement (M & F Worldwide Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyReal Property, and good and marketable title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.2.

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other material property, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Virgin Mobile USA, Inc.), Guarantee and Collateral Agreement (Virgin Mobile USA, Inc.)

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Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Barton Protective Services LLC), Credit Agreement (Allied Security Holdings LLC)

Ownership of Property; Liens. Each Group Member has title in fee simple or good and marketable title to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (DFC Global Corp.), Credit Agreement (Dollar Financial Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except where the failure to hold a valid easement could not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Third Amendment (Southern Star Central Corp), Credit Agreement (Southern Star Central Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty material to the business of the Group Members, taken as a whole, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (Visteon Corp), Credit Agreement (Visteon Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple or good and marketable title to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (Dollar Financial Corp), Credit Agreement (Dollar Financial Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty material to the business of the Group Members, taken as a whole, and none of such property is subject to any Lien except as permitted by Section 7.37A.3.

Appears in 2 contracts

Samples: Credit Agreement (Visteon Corp), Credit Agreement (Visteon Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except where failure to have such title or valid leasehold interest could not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 2 contracts

Samples: Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc)

Ownership of Property; Liens. Each Group Member has marketable title in fee simple to, or a valid leasehold interest in, all its real property, and good marketable title to, or a valid leasehold interest in, all its material other property, and none of such property is subject to any Lien except as permitted by Section 7.37.03. Without limitation of the foregoing, each Borrower has marketable fee simple title in the Mortgaged Properties subject to the Mortgages executed by it, including the Refinanced Property subject to each such Mortgage.

Appears in 2 contracts

Samples: Term Loan Agreement (Rem Consulting of Ohio, Inc.), Term Loan Agreement (Rem Arrowhead, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.6 and except where the failure to have such title or other interest would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Mueller Water Products, Inc.), Term Loan Credit Agreement (Mueller Water Products, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold interest in, all its other propertymaterial Property, and none of such property Property is subject to any Lien except as permitted by Section 7.3.

Appears in 2 contracts

Samples: Credit Agreement (General Growth Properties Inc), Credit Agreement (General Growth Properties Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty except as would not reasonably be likely to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.38.3. As of the Effective Date and the Funding Date, no Group Member owns any real property.

Appears in 2 contracts

Samples: Senior Credit Agreement (Websense Inc), Senior Credit Agreement (Websense Inc)

Ownership of Property; Liens. Each Except as set forth on Schedule 5.8, each Group Member has title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold interest in, all its other material property, and none of such property is subject to any Lien except as permitted by Section 7.38.3. Notwithstanding the foregoing, as of the Closing Date, no Group Member has any fee-owned real property.

Appears in 2 contracts

Samples: Credit Agreement (Aveta Inc), Credit Agreement (Aveta Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, except for such matters that do not adversely affect the use of the property in the conduct of the business as currently conducted, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 2 contracts

Samples: Credit Agreement (Lodgenet Interactive Corp), Credit Agreement (Lodgenet Entertainment Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyproperty which is material to the operation of such Group Member's business, and good title to, or a valid leasehold interest in, all its other propertyproperty which is material to the operation of such Group Member's business, and none of such property is subject to any Lien except as permitted by Section 7.37.2.

Appears in 2 contracts

Samples: Year Credit Agreement (Agl Resources Inc), 364 Day Credit Agreement (Agl Resources Inc)

Ownership of Property; Liens. Each Except as provided in Disclosure Schedule 3.8, each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Wheeling Pittsburgh Corp /De/), Credit Agreement (Wheeling Pittsburgh Corp /De/)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except in each case as would not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3 or as permitted pursuant to the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (Interactive Brokers Group, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, license to, or to the knowledge of Holdings and the Borrower, the right to use all its other property, and none of such property is subject to any Lien except as permitted by Section 7.37.3 and except for defects in title that, or where the failure to have good title or license or right to use such property could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Armored AutoGroup Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3.. 4.9

Appears in 1 contract

Samples: Credit Agreement (Ultra Clean Holdings, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, property and good title to, or a valid leasehold interest in, all its other property, except to the extent failure to have such title in fee simple to, or a valid leasehold interest in, such property could not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 1 contract

Samples: Credit Agreement (New World Restaurant Group Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each case material to its business and except for minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purposes, and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 1 contract

Samples: Credit Agreement (MSC Industrial Direct Co Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except (i) as set forth in the title policies and/or endorsements delivered in connection with the Existing Term Credit Agreement and (ii) as permitted by Section 7.3.

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

Ownership of Property; Liens. (i) Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except as could not reasonably be expected to have a Material Adverse Effect and (ii) none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Gentek Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.3. Schedule 1.1C lists, as of the Closing Date, each parcel of owned real property located in the United States and held by the Borrower or any of its Subsidiaries that has a value, in the reasonable opinion of the Borrower, in excess of $100,000.

Appears in 1 contract

Samples: Term Loan Agreement (Integrated Electrical Services Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good and marketable title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.2.

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except as could not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 1 contract

Samples: Credit Agreement (AVG Technologies N.V.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.36.02.

Appears in 1 contract

Samples: Visteon Corp

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyReal Property, and good title to, or a valid leasehold interest in, all its other propertyproperty (including mortgage notes), and none of such property is subject to any Lien except as permitted by Section 7.3. Each Group Member has obtained customary title insurance on its Real Property.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Medical Properties Trust Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien Lien, except as permitted by Section 7.38.6 and except for minor defects in title that do not materially interfere with such Group Member’s ability to conduct its business or to utilize such assets for their intended purposes.

Appears in 1 contract

Samples: Bridge Credit Agreement (Precision Drilling Trust)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest inin or a valid license to use, all its other propertyproperty except for such defects in title that would not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3. Schedule 4.8 lists all material locations of the Borrower and its Subsidiaries on the Effective Date.

Appears in 1 contract

Samples: Credit Agreement (Kadant Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest inin or a valid license to use, all its other propertyproperty except for such defects in title that would not reasonably be expected to have a Material Adverse Effect, and none of such property is subject to any Lien except as permitted by Section 7.3.. 4.9

Appears in 1 contract

Samples: Credit Agreement (Kadant Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good and marketable title to, or a valid leasehold interest in, all its other property, and none of such property is subject to any Lien except as permitted by Section 7.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (Haights Cross Communications Inc)

Ownership of Property; Liens. Each Group Member has good and marketable title to the Mortgaged Properties it owns, and to the knowledge of Holdings or the Borrower, has good and marketable title, in fee simple to, or a valid leasehold interest in, all its the case of real property, or good and good title valid title, in the case of other property, to, or a valid leasehold interest in, all its other property, property and none of such property is subject to any Lien except as permitted by Section 7.38.3.

Appears in 1 contract

Samples: Credit Agreement (Del Pharmaceuticals, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty (other than Liens securing the obligations of the Borrower under the Senior Secured Credit Facility), and none of such property is subject to any Lien except as permitted by Section 7.3, except as could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Bridge Credit Agreement (Gartner Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other propertyproperty (other than the Liens created by the Security Documents), and none of such property is subject to any Lien except as permitted by Section 7.3., except as could not reasonably be expected to have a Material Adverse Effect. 4.9

Appears in 1 contract

Samples: Credit Agreement (Gartner Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each case the lack of which would not materially interfere with the ability of the Group Members, taken as a whole, to conduct their business as presently conducted; and none of no such property is subject to any Lien except as permitted by Section 7.37.2 or as would not materially interfere with the value or use of such property or the ability of the Group Members taken as a whole to conduct their business as presently conducted.

Appears in 1 contract

Samples: Credit Agreement (Advanced Micro Devices Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, or a valid easement or right of way with respect to, all its material real property, and good title to, or a valid leasehold interest in, all its other propertymaterial property except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, and none of such property of the Borrower is subject to any Lien except as permitted by Section 7.37.2.

Appears in 1 contract

Samples: Credit Agreement (Essential Utilities, Inc.)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except where the failure to hold a valid easement could not reasonably be expected to have a Material Adverse 080599-0099-14744-15923445 Effect, and none of such property is subject to any Lien except as permitted by Section 7.36.3.

Appears in 1 contract

Samples: Credit Agreement (Southern Star Central Corp)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real propertyproperty which is material to the operation of such Group Member’s business, and good title to, or a valid leasehold interest in, all its other propertyproperty which is material to the operation of such Group Member’s business (except where the failure to have such title, and a valid leasehold interest or other enforceable interest is not reasonably likely to have a Material Adverse Effect), and, in the case of any Loan Party, none of such property is subject to any Lien except as permitted by Section 7.37.2.

Appears in 1 contract

Samples: Joinder Agreement (Agl Resources Inc)

Ownership of Property; Liens. Each Group Member has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, in each case material to its business and except for minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purposes, and none of such property is subject to any Lien except as permitted by Section 7.3.. 

Appears in 1 contract

Samples: Credit Agreement (MSC Industrial Direct Co Inc)

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