Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 for Permitted Liens.
Appears in 28 contracts
Samples: 364 Day Credit Agreement (Autozone Inc), Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 13 contracts
Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable valid 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 inin or right to use, all its other material property, except as would not reasonably be expected to have a Material Adverse Effect, and none the property of such property the Consolidated Group is subject to any Lienno Liens, except for other than Permitted Liens.
Appears in 12 contracts
Samples: Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable 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, 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 for Permitted Liens.
Appears in 12 contracts
Samples: Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.), Credit Agreement (Servicemaster Global Holdings Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, or an easement, license or permit to occupy, all its material real property, and good title to, or a valid leasehold interest in, or an easement, license or permit to occupy, all its other material propertyProperty, and none of such property Property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 11 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable 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 except where the failure to have such property is subject title would not reasonably be expected to any Lien, except for Permitted Lienshave a Material Adverse Effect.
Appears in 10 contracts
Samples: Term Loan Credit Agreement (US Foods Holding Corp.), Term Loan Credit Agreement (US Foods Holding Corp.), Term Loan Credit Agreement (US Foods Holding Corp.)
Ownership of Property; Liens. Each of the Parent Borrower and its Subsidiaries has good record and marketable valid 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 inin or right to use, all its other material property, except as would not reasonably be expected to have a Material Adverse Effect, and none the property of such property the Consolidated Group is subject to any Lienno Liens, except for other than Permitted Liens.
Appears in 9 contracts
Samples: Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable 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 propertyproperty (including, without limitation, its partnership interests in the Special Purpose Subsidiaries), and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 6.3.
Appears in 8 contracts
Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum Finance Corp), Credit Agreement (Sprint Spectrum L P)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 6.3.
Appears in 7 contracts
Samples: Term Loan Agreement (Infocrossing Inc), Acquisition Loan Agreement (Infocrossing Inc), Term Loan Agreement (Midocean Capital Partners Lp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 propertyProperty, and none of such property Property is subject to any Lien, Lien except for Permitted Liens.
Appears in 6 contracts
Samples: Credit Agreement (Sierra Pacific Resources /Nv/), Credit Agreement (Sierra Pacific Resources /Nv/), Credit Agreement (Sierra Pacific Resources /Nv/)
Ownership of Property; Liens. (a) Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, or other necessary, appropriate or adequate right to use, all its material real property, and good title to, or a valid leasehold interest inin or other necessary, appropriate or adequate right to use, all its other material property, and (b) none of such property is subject to any Lien, except for Lien other than Permitted Liens.
Appears in 6 contracts
Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 propertyProperty, and none of such property Property is subject to any Lien, Lien except for Permitted Liens, including without limitation all Mortgaged Property and all rights to control or occupy easements or rights of way that are part of the Mortgaged Property.
Appears in 6 contracts
Samples: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.)
Ownership of Property; Liens. Each of the The Borrower and each of its Subsidiaries has good record and marketable 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 for Permitted Liens.
Appears in 5 contracts
Samples: Credit Agreement (Worldtex Inc), Credit Agreement (Fritz Companies Inc), Credit Agreement (Staff Leasing Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest interests in, all real property necessary or used in the ordinary conduct of its material real propertybusiness (including, and good title toin any case, or a valid leasehold interest in, all its other material property, and none each of such property the Borrowing Base Assets). Each Borrowing Base Asset is subject to any Lienno Liens, except for other than Permitted Liens. No Borrower owns any material intellectual property.
Appears in 5 contracts
Samples: Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Brookdale Senior Living Inc.)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, to all its other property which is material to its business, and none of such property, and none of such property the investment advisory agreements to which the Borrower or any of its Subsidiaries is a party or any of the revenues thereunder, is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 6.3.
Appears in 5 contracts
Samples: Credit Agreement (Franklin Resources Inc), Credit Agreement (Franklin Resources Inc), Credit Agreement (Franklin Resources Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable indefeasible 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, Lien except for Permitted Liens.
Appears in 5 contracts
Samples: Credit Agreement (BMC Industries Inc/Mn/), And Restatement Agreement (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest interests in, all real property necessary or used in the ordinary conduct of its material real propertybusiness (including, and good in any case, each of the Borrowing Base Assets), except for such defects in title toas could not, individually or in the aggregate, reasonably be expected to have a valid leasehold interest in, all its other material property, and none Material Adverse Effect. The property of such property the Borrowers is subject to any Lienno Liens, except for other than Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 8.3.
Appears in 4 contracts
Samples: Credit Agreement (Arrow Electronics Inc), Credit Agreement (Sight Resource Corp), Credit Agreement (National Education Corp)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyproperty necessary for its operations as then conducted, and good title to, or a valid leasehold interest in, all its other material property, and none of such property necessary for its operations as then conducted is subject to any Lien, Lien except for Permitted Liensas permitted by Section 8.3.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (El Paso Energy Partners Lp), Epepc Security Agreement (El Paso Energy Partners Lp)
Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has good record and marketable 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 in title that do not materially interfere with its ability to conduct its business or utilize such assets for their intended purposes, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 4 contracts
Samples: Term Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group Inc), Term Credit Agreement (Affiliated Managers Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 10.3.
Appears in 4 contracts
Samples: Credit Agreement (Armor Holdings Inc), Credit Agreement (Armor Holdings Inc), Credit Agreement (Diversified Food Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries is the sole owner of, legally and beneficially, and has good record marketable and marketable insurable 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 propertyProperty, and none of such material real property or other Property is subject to any Lien, Lien except for Permitted Liens. None of the Pledged Stock is subject to any Lien except for Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries each Subsidiary has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 3 contracts
Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 6.3.
Appears in 3 contracts
Samples: Credit Agreement (Adams Outdoor Advertising LTD Partnership), Credit Agreement (Westwood One Inc /De/), Credit Agreement (Westwood One Inc /De/)
Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertythe 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 for other than a Permitted LiensException.
Appears in 3 contracts
Samples: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable valid 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, Lien except for Permitted Liensas permitted by subsection 8.3.
Appears in 3 contracts
Samples: Credit Agreement (Aftermarket Technology Corp), Credit Agreement (Aftermarket Technology Corp), Credit Agreement (Aftermarket Technology Corp)
Ownership of Property; Liens. Each Except as set forth in Schedule 3.8, each of the Borrower and its Material Subsidiaries has good record and marketable 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 . None of such property is subject to any Lien, except for Lien other than Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold leasehold, easement, license or other interest in, all its material real property, and good title to, or a valid leasehold leasehold, easement, license or other interest in, all its other material property, except for defects in title which could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The property of the Borrower and none of such property its Subsidiaries is subject to any Lien, except for no Lien other than Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Aquila Inc), Revolving Credit Agreement (Aquila Inc), Credit Agreement (Aquila Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable insurable title in fee simple to, or a valid leasehold interest interests in, all real property necessary or used in the ordinary conduct of its material real propertybusiness (including, and good in any case, each of the Borrowing Base Assets), except for such defects in title toas could not, individually or in the aggregate, reasonably be expected to have a valid leasehold interest in, all its other material property, and none Material Adverse Effect. The property of such property the Borrowers is subject to any Lienno Liens, except for other than Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Aviv Reit, Inc.), Credit Agreement (Aviv Reit, Inc.), Credit Agreement (Bellingham II Associates, L.L.C.)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries each Restricted Subsidiary has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 3 contracts
Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 the Borrower's property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 7.8.
Appears in 3 contracts
Samples: Credit Agreement (Cogentrix Energy Inc), Credit Agreement (Cogentrix Delaware Holdings Inc), Credit Agreement (Cogentrix Energy Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyproperty (including, without limitation, the Borrowing Base Assets), 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, Lien except for Permitted Liensas permitted by subsection 6.3.
Appears in 3 contracts
Samples: Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De)
Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has good record and marketable 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 other than a Permitted Lien, except for Permitted Liens.
Appears in 3 contracts
Samples: Loan Agreement (Cynet Inc), Loan Agreement (Cynet Inc), Loan Agreement (Cynet Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable valid 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 LienLiens, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Facility Agreement (At&t Latin America Corp), Credit Facility Agreement (At&t Latin America Corp)
Ownership of Property; Liens. Each of Person constituting ---------------------------- the Borrower and its their respective Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 6.2.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Guest Supply Inc), Credit and Term Loan Agreement (Guest Supply Inc)
Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries each Material Subsidiary has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 2 contracts
Samples: Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold or subleasehold interest in, all its other material propertyproperty (other than Intellectual Property), and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 10.3.
Appears in 2 contracts
Samples: Credit Agreement (Playtex Products Inc), Credit Agreement (Personal Care Holdings Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.3. Schedule 5.8 hereto lists all of the real property owned in fee or leased by the Borrower and its Subsidiaries on the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Promedco Management Co), Credit Agreement (Promedco Management Co)
Ownership of Property; Liens. Each of Person constituting the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 6.2.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Emerson Radio Corp), Credit and Term Loan Agreement (Emerson Radio Corp)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable 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 propertyproperty (including, without limitation, its partnership interests in the Special Purpose Subsidiaries, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 6.3.
Appears in 2 contracts
Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable defeasible 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 Liens other than any Permitted Lien, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Engle Homes Inc /Fl)
Ownership of Property; Liens. Each of the Borrower Borrower, Holdings and its their Subsidiaries has good record and marketable 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 for Permitted LiensLiens permitted by subsection 8.3.
Appears in 2 contracts
Samples: Credit Agreement (Telex Communications Inc), And Collateral Agreement (Ev International Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold or license interest in, all its other material propertyproperty (except Intellectual Property), and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Advanced Fibre Communications Inc), Revolving Credit Agreement (Advanced Fibre Communications Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 8.3.
Appears in 2 contracts
Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas set forth in Schedule 5.8 or otherwise permitted hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Safety Kleen Corp/), Safety Kleen Corp/
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 9.3.
Appears in 2 contracts
Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Monarch Machine Tool Co)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has holds good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertythe 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 for other than a Permitted Liens.Exception;
Appears in 2 contracts
Samples: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple title 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, Lien except for Permitted Liens.
Appears in 2 contracts
Samples: Loan Agreement (Yerbae Brands Corp.), Loan Agreement (Singing Machine Co Inc)
Ownership of Property; Liens. Each of the Borrower and its each of their respective Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 8.3 of this Agreement.
Appears in 2 contracts
Samples: Uncommitted Credit Agreement (Par Petroleum Corp/Co), Uncommitted Credit Agreement (Par Petroleum Corp/Co)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable insurable 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 their respective property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 7.3.
Appears in 2 contracts
Samples: Credit Agreement (General Chemical Group Inc), Credit Agreement (General Chemical Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its real property material real propertyto the business of the Borrower and its Subsidiaries, taken as a whole, and good title to, or a valid leasehold interest in, all its other property material propertyto the business of the Borrower and its Subsidiaries, taken as a whole, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 6.2.
Appears in 2 contracts
Samples: Credit Agreement (Mastercard Inc), Credit Agreement (Mastercard Inc)
Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has good record and marketable or insurable title in fee simple to, to or a valid leasehold interest interests in, all its material real property, and good title to, or a valid leasehold interest in, to all its other material property, and none of such property is subject to any Lien, except for Permitted Liensas set forth on Schedule 3.8.
Appears in 2 contracts
Samples: Mezzanine Credit Agreement (Life Critical Care Corp), And Term Loan Agreement (Life Critical Care Corp)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyproperty necessary for its operations as then conducted, and good title to, or a valid leasehold interest in, all its other material property, and none of such property necessary for its operations as then conducted is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 8.3.
Appears in 2 contracts
Samples: Credit Agreement (Moray Pipeline Co LLC), Credit Agreement (El Paso Energy Partners Lp)
Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has have good record and marketable title in fee simple to, or a valid leasehold interest in, all its material their real property, and good title to, or a valid leasehold interest in, all its their other material property, and none of such property is subject to any Lien, Lien except for Permitted Liensas set forth on Schedule 4.8 and as otherwise permitted by subsection 7.3.
Appears in 2 contracts
Samples: Execution Copy (Big City Radio Inc), Credit Agreement (Big City Radio Inc)
Ownership of Property; Liens. Each of the Borrower Holdings and its Subsidiaries has good record and marketable 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 for Permitted LiensLiens permitted by subsection 8.3. Schedule 5.8 sets forth all material real properties owned in fee or leased by the Loan Parties as of the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (RSC Equipment Rental, Inc.), Credit Agreement (RSC Equipment Rental, Inc.)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable indefeasible 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, Lien except for Permitted Liensas permitted by subsection 7.3.
Appears in 1 contract
Ownership of Property; Liens. Each of the Borrower and its Material Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyto the Mortgaged Properties, and to the knowledge of 9595 the Borrower, has good and valid title to, or a valid leasehold interest in, all its other material property, property and none of such property is subject to any Lien, Lien except for Permitted Liens.
Appears in 1 contract
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 propertyproperty (including, without limitation, the Rigs), and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 6.3.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liens.
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Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has good record and marketable 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, including, without limitation, its Aircraft, and none of such property is subject to any Lien, Lien except for Permitted Liens.as permitted by Section 7.3. 4.9
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Samples: Credit Agreement (International Airline Support Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record good, marketable and marketable insurable 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 inin or adequate rights to use, all its other material propertyProperty, and none of such property material Property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 7.3.
Appears in 1 contract
Samples: Credit Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)
Ownership of Property; Liens. Each Except as set forth in Schedule 3.8, each of the Borrower and its Subsidiaries has good record and marketable 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 . None of such property is subject to any Lien, except for Lien other than Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement (Northwestern Corp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 interest is subject to any Lien, except for Permitted LiensLiens permitted by subsection 8.3.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyproperty necessary for its operations as then conducted, and good title to, or a valid leasehold interest in, all its other material property, and none of such property necessary for its operations as then conducted is subject to any Lien, Lien except for Permitted Liensas permitted by Section 8.3.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.3.
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Ownership of Property; Liens. Each of the Primary Borrower and its Subsidiaries has good record and marketable 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 for Permitted LiensLiens permitted by subsection 14.2.
Appears in 1 contract
Samples: Credit Agreement (Dynatech Corp)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, or a valid long-term easement on, 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, Lien except for Permitted Liensas permitted by Section 7.2.
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Samples: Credit Agreement (Global Signal Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real property, and good title to, or a valid leasehold or subleasehold interest in, all its other material propertyproperty (other than Intellectual Property), and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 7.4.
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Ownership of Property; Liens. Each of the Company, each of its Material Subsidiaries and each other Borrower and its Subsidiaries has good valid record and marketable title in fee simple to, or a valid leasehold interest in, all its material real property, and good valid title to, or a valid leasehold interest in, all its other material property, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 10.2.
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Samples: Credit and Guarantee Agreement (Reebok International LTD)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 for Permitted Liens.Liens permitted by subsection 8.3. Except for the Excluded Properties, the Mortgaged Fee Properties as listed on Part I of Schedule
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 for Permitted Liens.real
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, which is material to the operations of the business of, the Borrower and its Subsidiaries, taken as a whole and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 7.3.
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Ownership of Property; Liens. Each of the The Borrower and each of its Restricted Subsidiaries has good and valid record and marketable title in fee simple to, or a valid leasehold interest interests in, or easements or other limited property interests in, all real property necessary in the ordinary conduct of its material real propertybusiness, free and good title to, or a valid leasehold interest in, clear of all its other material property, and none of such property is subject to any Lien, Liens except for Permitted LiensLiens permitted by Section 7.01 and except where the failure to have such title or other interest would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.
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Ownership of Property; Liens. Each of Holding, the Parent Borrower and its Subsidiaries has good record and marketable 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 for Permitted LiensLiens permitted by subsection 8.3.
Appears in 1 contract
Samples: Credit Agreement (Relocation Management Systems Inc)
Ownership of Property; Liens. Each of the Parent Borrower and its Subsidiaries has good record and marketable 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 for Permitted LiensLiens permitted by subsection 8.3.
Appears in 1 contract
Samples: Credit Agreement (Imagex Com Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by the Senior Credit Agreement.
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Samples: Federal Mogul Corp
Ownership of Property; Liens. Each of the The Borrower and each of its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.2. Schedule 5.8 sets forth a true and complete list of all real property owned or leased by the Borrower and its Subsidiaries as of the date hereof.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 6.2.
Appears in 1 contract
Samples: Credit Agreement (Mastercard Inc)
Ownership of Property; Liens. Each of the Borrower and its such Borrower's Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 6.3.
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Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has have good record and marketable title in fee simple to, or a valid leasehold interest in, all its material their real property, and good title to, or a valid leasehold interest in, all its their other material property, and none of such property is subject to any Lien, Lien except for Permitted Liensas set forth on Schedule 3.8 and as otherwise permitted by subsection 6.3.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable defeasible 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 (i) of Borrower is subject to any Lien , or (ii) of any Subsidiary is subject to any Lien other than a Permitted Lien, except for Permitted Liens.
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Ownership of Property; Liens. Each of the Borrower and each of its Subsidiaries is the sole owner of, legally and beneficially, and has good record marketable and marketable insurable 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 propertyProperty, and none of such real property or other Property is subject to any Lien, Lien except for Permitted Liens. None of the Pledged Stock is subject to any Lien except for Permitted Liens.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries Subsidiaries, other than Receivable Subsidiaries, has good record and marketable valid 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 inin or right to use, all its other material property, except as would not reasonably be expected to have a Material Adverse Effect, and none the property of such property the Consolidated Group is subject to any Lienno Liens, except for other than Permitted Liens.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its real property material real propertyto the operation of its business, and good title to, or a valid leasehold interest in, all its other property material propertyto the operation of its business, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 6.3.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 7.3.
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Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable title in fee simple to, to or a valid leasehold interest in, interests in all its material real property, and good title to, or a valid leasehold interest in, to all its other property, in each case to the extent such property is material propertyto the business and financial condition of the Borrower and its subsidiaries taken as a whole, and none of such property is subject to any material Lien, except for Permitted Liensas permitted in SUBPARAGRAPH 6(b).
Appears in 1 contract
Samples: Credit Agreement (Genlyte Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable or indefeasible 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, Lien except for Permitted Liensas permitted by Section 10.3.
Appears in 1 contract
Samples: Pledge Agreement (Denali Inc)
Ownership of Property; Liens. Each of the Borrower and its ---------------------------- Consolidated Subsidiaries has good record and marketable 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 for Permitted Liens.
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Ownership of Property; Liens. Each of the Borrower and its Material Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyto the Mortgaged Properties, and to the knowledge of the Borrower, has good and valid title to, or a valid leasehold interest in, all its other material property, property and none of such property is subject to any Lien, Lien except for Permitted Liens.
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Ownership of Property; Liens. Each of the The Borrower and its Subsidiaries has have good record and marketable title in fee simple to, or a valid leasehold interest in, all its material their real property, and good title to, or a valid leasehold interest in, all its their other material property, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsection 6.3.
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Ownership of Property; Liens. Each of the Borrower Borrowers and each of its respective Subsidiaries has good record and marketable 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, in all its other material property, and none of such property is subject to any Lien, except for Permitted Liens.
Appears in 1 contract
Samples: Loan Agreement (Friedman Billings Ramsey Group Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its real property material real propertyto the business of the Borrower and its Subsidiaries, taken as a whole, and good title to, or a valid leasehold interest in, all its other property material propertyto the business of the CREDIT AGREEMENT Borrower and its Subsidiaries, taken as a whole, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 6.2.
Appears in 1 contract
Samples: Credit Agreement (Mastercard Inc)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable 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 real property, and good title to a valid leasehold interest in, or a valid right to use, all its other property, which is material propertyto the operations of the business of, the Borrower and its Subsidiaries, taken as a whole, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by subsections 6.12 and 8.3.
Appears in 1 contract
Samples: Credit Agreement (Tefron LTD)
Ownership of Property; Liens. Each of the Borrower and its Restricted Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by Section 7.03.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has have good record and marketable defensible 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 their other material property, and none of such property is subject to any Lien, Lien except for Permitted Liens. Schedule 5.8 accurately lists all of the real property and leasehold interests in real property of the Borrower and its Subsidiaries.
Appears in 1 contract
Samples: Credit Agreement (Green Plains Renewable Energy, Inc.)
Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real property, property and good title to, or a valid leasehold interest in, all its other material propertyproperty (including, without limitation, the Borrowing Base Assets), and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by Section 5.02.
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Ownership of Property; Liens. Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its real property material real propertyto the operation of its business, and good title to, or a valid leasehold interest in, all its other property material propertyto the operation of its business, and none of such property is subject to any Lien, Lien except for Permitted Liensas permitted by SECTION 6.3.
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Ownership of Property; Liens. Each of the The Borrower and each of its Subsidiaries has good record and marketable 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, Lien except for Permitted Liensas permitted by subsection 8.3.
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Ownership of Property; Liens. Each of the Borrower Company and its Subsidiaries Subsidiaries, if any, has good record and marketable title in fee simple to, to or a valid leasehold interest in, interests in all its material real property, and good title to, or a valid leasehold interest in, to all its other material property, and none of such property is subject to any Lien, except for Permitted Liensas permitted in subsection 7.3.
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Ownership of Property; Liens. (i) Each of the Borrower and its Subsidiaries has good record and marketable title in fee simple to, or a valid leasehold interest in, all its material real propertyproperty (including its Mortgaged 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, Lien except for Permitted Liensas permitted by Section 5.02(a).
Appears in 1 contract
Samples: Credit Agreement (Temple Inland Inc)