Common use of OWNERSHIP OF THE ASSETS Clause in Contracts

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at the Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind. The delivery to the Buyer of all instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, will vest good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule SCHEDULE 2.4(i) attached hereto sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller isSellers are, and at the Closing will be, the true and lawful owner owners of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as set forth on SCHEDULE 2.4(ii) attached hereto (the "Permitted Encumbrances"). The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule 2.4(i) attached hereto sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller isSellers are, and at the Closing will be, the true and lawful owner owners of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as set forth on Schedule 2.4(ii) attached hereto (the "Permitted Encumbrances"). The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule SCHEDULE 2.4(i) attached hereto sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at the Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as set forth on SCHEDULE 2.4(ii) attached hereto (the "Permitted Encumbrances"). The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule 2.4(i) attached hereto sets forth a true, correct and complete list of all claims, liabilities, liens, pledges, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at the Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as set forth on Schedule 2.4(ii) attached hereto (the "Permitted Encumbrances"). The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule SCHEDULE 2.4(i) attached hereto sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at the each Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the AssetsAssets with respect to the Store being acquired by the Buyer at such Closing, free and clear of all Encumbrances of any kind, except as set forth on SCHEDULE 2.4(ii) attached hereto (the "Permitted Encumbrances"). The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the such Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule 2.3(i) attached ----------------------- --------------- hereto sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at the Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as set forth on Schedule 2.3(ii) attached hereto (the "Permitted Encumbrances"). The delivery Seller shall ---------------- deliver to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation Agreement and shall thereby deliver to the Xxxx of Sale, will vest Buyer good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule 2.4(i) attached hereto sets ----------------------- --------------- forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at ------------ the Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as set forth on Schedule 2.4(ii) attached hereto (the "Permitted Encumbrances"), ---------------- ---------------------- subject to Bankruptcy Court approval. The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the Assets in the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances.

OWNERSHIP OF THE ASSETS. Schedule 2.4 of the Seller Disclosure Schedule attached hereto sets forth a true, correct and complete list of all claims, liabilities, liens, security interests, mortgages, restrictions, prior assignments, pledges, charges, encumbrances and equities of any kind or nature whatsoever affecting the Assets (collectively, the "Encumbrances"). The Seller is, and at the Closing will be, the true and lawful owner of the Assets, and will have the right to sell and transfer to the Buyer good, clear, record and marketable title to the Assets, free and clear of all Encumbrances of any kind, except as specifically set forth on Schedule 2.4 attached hereto (the "Permitted Encumbrances"). The delivery to the Buyer of all the instruments of transfer of ownership contemplated by this Agreement, including without limitation the Xxxx of Sale, Agreement will vest good and marketable title to the Assets in 9 the Buyer, free and clear of all liens, mortgages, pledges, lines of credit, security interests, restrictions, prior assignments, encumbrances and claims of any kind or nature whatsoever, except for the Permitted Encumbrances and the Permitted Exceptions.