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Common use of Priority of Liens; Title to Properties Clause in Contracts

Priority of Liens; Title to Properties. The security interests and liens granted to Lender under this Agreement and the other Financing Agreements constitute valid and perfected liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereof. Each Borrower has fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockford Corp)

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Priority of Liens; Title to Properties. The security interests and ----------------------------------------- liens granted to Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereofhereof (other than as to specific items of Collateral as to which the security interest of Lender is not required as of the date hereof to be perfected consisting of the Excluded Property). Each Borrower has fee simple title to or valid leasehold interests in all of its Real Property good and good, valid and merchantable marketable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, Lender and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Dh Apparel Co Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Lender Agent, for itself and the ratable benefit of Lenders, under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereof. Each Borrower has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to LenderAgent, for itself and the ratable benefit of Lenders, and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (MTS Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereof. Each Borrower has fee simple title to or valid leasehold interests in all of its Real Property real property (it being understood that ACI and LEP occupy premises leased by GLA) and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, Lender and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Geologistics Corp)

Priority of Liens; Title to Properties. The security interests and liens granted to Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 9.4 hereto and the other liens permitted under Section 9.8 10.9 hereof. Each Borrower has fee simple title to or valid leasehold interests in all of its Real Property good and good, valid and merchantable marketable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, Lender and such others as are specifically listed on Schedule 8.4 9.4 hereto or permitted under Section 9.8 10.9 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Reunion Industries Inc)

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Priority of Liens; Title to Properties. The security interests and liens granted to Lender under this Agreement and the other Financing Agreements constitute valid and and, except as otherwise specifically consented to in writing by Lender, perfected first priority liens and security interests in and upon the Collateral and other property which is security for the Obligations subject only to the subordinate liens indicated on Omnibus Schedule 8.4 hereto 13 hereto. Each Borrower and the other liens permitted under Section 9.8 hereof. Each Borrower Obligors has fee simple title to or valid leasehold interests in all of its Real Property good and good, valid and merchantable marketable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, Lender and such others as are specifically listed on Omnibus Schedule 8.4 13 hereto or permitted under Section 9.8 hereofhereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Charming Shoppes Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Lender Administrative Agent under this Agreement and the other Financing Agreements constitute a valid and perfected liens and first priority (subject to Section 4.1(e)) security interests interest in and upon all of the Collateral Collateral, subject only to the liens indicated on Schedule 8.4 hereto to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, Administrative Agent and such others as are specifically listed on Schedule 8.4 hereto to the Information Certificate or permitted under Section 9.8 hereof.. 6991691.13 127

Appears in 1 contract

Samples: Loan and Security Agreement (SpartanNash Co)

Priority of Liens; Title to Properties. The security interests and liens granted to Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral (other than with respect to those vehicles having a vehicle year of 1992 or earlier with respect to which Lender has not perfected its security interest pursuant to Section 7.4(j)) subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereof. Each Borrower and each Subsidiary of such Borrower has fee simple title to or valid leasehold interests in all of its Real Property good and good, valid and merchantable marketable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Lender, Lender and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp)

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