Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 32 contracts
Samples: Credit and Security Agreement (Kewaunee Scientific Corp /De/), Credit and Security Agreement (Mohawk Group Holdings, Inc.), Credit and Security Agreement
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful sole owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties material properties, accounts and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 19 contracts
Samples: Credit Agreement (Orthopediatrics Corp), Credit, Security and Guaranty Agreement (Term Loan) (Xtant Medical Holdings, Inc.), Credit, Security and Guaranty Agreement (Revolving Loan) (Xtant Medical Holdings, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties properties, accounts and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 8 contracts
Samples: Credit and Security Agreement (Term Loan) (Sight Sciences, Inc.), Credit and Security Agreement (Sight Sciences, Inc.), Credit and Security Agreement (Aptevo Therapeutics Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is are the lawful sole owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties properties, accounts and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 7 contracts
Samples: Credit and Security Agreement (Term Loan) (Aziyo Biologics, Inc.), Credit and Security Agreement (Aziyo Biologics, Inc.), Credit and Security Agreement (Aziyo Biologics, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, subject to Permitted Liens.
Appears in 4 contracts
Samples: Credit and Security Agreement (BioHorizons, Inc.), Credit and Security Agreement (BioHorizons, Inc.), Credit and Security Agreement (BioHorizons, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, except as may have been disposed of in the Ordinary Course of Business or otherwise in compliance with the terms hereof.
Appears in 4 contracts
Samples: Credit Agreement (Sport Supply Group, Inc.), Credit Agreement (Collegiate Pacific Inc), Credit Agreement (Collegiate Pacific Inc)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful sole owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties properties, accounts and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 3 contracts
Samples: Credit, Security and Guaranty Agreement (Term Loan) (Cerus Corp), Credit, Security and Guaranty Agreement (Revolving Loan) (Cerus Corp), Credit, Security and Guaranty Agreement (Cerus Corp)
Ownership of Property. Each Borrower Obligor and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 3 contracts
Samples: Note Purchase Agreement (Staffing 360 Solutions, Inc.), Note Purchase Agreement (Staffing 360 Solutions, Inc.), Note and Warrant Purchase Agreement (Staffing 360 Solutions, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other material assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson on the balance sheet referred to in Section 3.5(b), except as disposed of in the ordinary course of business.
Appears in 3 contracts
Samples: Credit Agreement (Reliant Pharmaceuticals, Inc.), Credit Agreement (Reliant Pharmaceuticals, Inc.), Credit Agreement (Reliant Pharmaceuticals, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to, subject to Permitted Liens, and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, except for minor defects in title that do not materially interfere with its ability to conduct its business or to utilize such assets for their intended purposes.
Appears in 3 contracts
Samples: Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties material properties, accounts and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 2 contracts
Samples: Credit and Security Agreement (Revolving Loan) (Paragon 28, Inc.), Credit and Security Agreement (Term Loan) (Paragon 28, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other material assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (EndoChoice Holdings, Inc.), Credit and Security Agreement (EndoChoice Holdings, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is are the lawful sole owner of, has good valid and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other material assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson (except as may have been disposed of in the Ordinary Course of Business or otherwise in compliance with the terms hereof) and such material properties and other material assets are not subject to any Liens, other than Permitted Liens.
Appears in 2 contracts
Samples: Credit and Security Agreement (Revolving Loan) (Invuity, Inc.), Credit and Security Agreement (Term Loan) (Invuity, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is are the lawful sole owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties material properties, accounts and other material assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson (except as may have been disposed of in the Ordinary Course of Business or otherwise in compliance with the terms hereof).
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (HTG Molecular Diagnostics, Inc), Credit and Security Agreement (Revolving Loan) (HTG Molecular Diagnostics, Inc)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonBorrower, except where such failure would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Term Loan and Security Agreement (NxStage Medical, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson on the pro forma balance sheet referred to in Section 3.5(c), except as disposed of in the ordinary course of business.
Appears in 1 contract
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold or license interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, free and clear of all Liens, charges and claims other than Permitted Liens.
Appears in 1 contract
Samples: Credit and Security Agreement (Seracare Life Sciences Inc)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 1 contract
Samples: Credit and Security Agreement (Bacterin International Holdings, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title (subject to Permitted Liens) to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, except as may have been disposed of in the Ordinary Course of Business or otherwise in compliance with the terms hereof.
Appears in 1 contract
Samples: Credit Agreement (Palace Entertainment Holdings, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other material assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, except as may have been disposed of in the Ordinary Course of Business or otherwise in compliance with the terms hereof.
Appears in 1 contract
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson on the balance sheet referred to in subsection 3.5(b), except as sold or otherwise disposed of since the date of such balance sheet in the ordinary course of business or as permitted by the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Equinox Group Inc)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 1 contract
Samples: Credit and Security Agreement (NxStage Medical, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson on the balance sheet referred to in Section 3.5(b), except as disposed of in the ordinary course of business.
Appears in 1 contract
Samples: Credit Agreement (Aar Corp)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 1 contract
Samples: Credit and Security Agreement (Staffing 360 Solutions, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties Accounts and other material assets and properties (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 1 contract
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful sole owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties material properties, accounts and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.. β
Appears in 1 contract
Samples: Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.)
Ownership of Property. Each Except to the extent covered by Section 3.7, each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 1 contract
Samples: Credit and Security Agreement (Sarepta Therapeutics, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable defensible title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person, except as may have been disposed of in the Ordinary Course of Business or otherwise in compliance with the terms hereof.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid Credit and Security Agreement 30 leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.
Appears in 1 contract
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all material properties and other material assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson on the pro forma balance sheet referred to in Section 3.5(c), except as disposed of in the ordinary course of business or as otherwise permitted by the Financing Documents.
Appears in 1 contract
Samples: Credit Agreement (DynaVox Inc.)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such Person.. Midcap / Aterian / Credit Agreement DC - 036639/000052 - 10453208
Appears in 1 contract
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported by Borrower to be owned or leased (as the case may be) by such PersonPerson to the extent required in the Ordinary Course of Business.
Appears in 1 contract
Samples: Credit and Security Agreement (Integrated Healthcare Holdings Inc)
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as the case may be) by such PersonPerson on the pro forma balance sheet referred to in Section 3.5(c), except as disposed of in the ordinary course of business, subject to Permitted Liens.
Appears in 1 contract
Ownership of Property. Each Borrower and each of its Subsidiaries is the lawful owner of, has good and marketable title to and is in lawful possession of, or has valid leasehold or license interests in, all properties and other assets (real or personal, tangible, intangible or mixed) purported or reported to be owned or leased (as reasonably necessary in the case may be) by ordinary conduct of the business of such Person, in each case, subject to Permitted Liens.
Appears in 1 contract