Common use of Real and Personal Property Clause in Contracts

Real and Personal Property. The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company or (ii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 17 contracts

Samples: Common Stock Purchase Agreement (Bionano Genomics, Inc), Securities Purchase Agreement (Puissance Cross-Border Opportunities v LLC), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.)

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Real and Personal Property. The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (ia) do not materially interfere with the use of such property by the Company or (iib) would not reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.), Securities Purchase Agreement (Tracon Pharmaceuticals, Inc.), Securities Purchase Agreement (Yuma Regional Medical Center)

Real and Personal Property. The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company Company, (ii) are described in the SEC Documents or (iiiii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Securities Subscription Agreement, Securities Subscription Agreement, Securities Subscription Agreement (Amarin Corp Plc\uk)

Real and Personal Property. The Company has and its subsidiaries have good and marketable title to, or has valid have rights to lease or otherwise use, all items of real and personal property that are material to the business respective businesses of the Company and its subsidiaries, in each case free and clear of all liens, encumbrances, claims Liens except such as are described in each of the Time of Sale Information and defects the Offering Memorandum and imperfections of title except those that (i) do not materially interfere with the use made and proposed to be made of such property by the Company and its subsidiaries or (ii) would not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Purchase Agreement (Group 1 Automotive Inc), Purchase Agreement (Group 1 Automotive Inc), Purchase Agreement (Group 1 Automotive Inc)

Real and Personal Property. The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) arise under the Company’s existing secured credit facilities, (ii) do not materially interfere with the use of such property by the Company or (iiiii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Saratoga Resources Inc /Tx), Securities Purchase Agreement (Saratoga Resources Inc /Tx), Securities Purchase Agreement (Saratoga Resources Inc /Tx)

Real and Personal Property. The Company has and its Subsidiaries have good and marketable title to, or has have valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company and its Subsidiaries, free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company and its Subsidiaries or (ii) would not not, individually or in the aggregate, be reasonably be expected likely to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Securities Purchase Agreement (NRG Energy, Inc.), Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Fuelcell Energy Inc)

Real and Personal Property. The Except as referred to or described in the Draft Annual Report, the Company has and each Subsidiary have good and marketable title to, or has have valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company and its Subsidiaries, free and clear of all liensLiens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company and its Subsidiaries or (ii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Amarin Corp Plc\uk), Securities Purchase Agreement (Amarin Corp Plc\uk)

Real and Personal Property. The Company has and its subsidiaries have good and marketable title to, or has have valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company and its subsidiaries, free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company and its subsidiaries or (ii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Orexigen Therapeutics, Inc.), Securities Purchase Agreement (Orexigen Therapeutics, Inc.)

Real and Personal Property. The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company as currently conducted and as described in the SEC Documents free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (ia) do not materially interfere with the use of such property by the Company or (iib) would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Minerva Neurosciences, Inc.)

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Real and Personal Property. The Company and each of its Subsidiaries has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the its business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company or (ii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mannkind Corp)

Real and Personal Property. The Company has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the its business of the Company free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company or (ii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Isis Pharmaceuticals Inc)

Real and Personal Property. The Each of the Company and its Subsidiaries has good and marketable title to, or has valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company and its Subsidiaries free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company or its Subsidiaries or (ii) would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Recro Pharma, Inc.)

Real and Personal Property. The Company has and its subsidiaries have good and marketable title in fee simple to, or has have valid rights to lease or otherwise use, all items of real and personal property that are material to the business respective businesses of the Company and its subsidiaries, in each case free and clear of all liens, encumbrances, claims and defects and imperfections of title except for those that (i) do not materially interfere with the use of such property by the Company or (ii) would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse EffectEffect or (ii) are disclosed in the Time of Sale Information and the Offering Memorandum.

Appears in 1 contract

Samples: Purchase Agreement (Truven Holding Corp.)

Real and Personal Property. The Company has and its Subsidiaries have good and marketable title to, or has have valid rights to lease or otherwise use, all items of real and personal property that are material to the business of the Company and its Subsidiaries, free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that (i) do not materially interfere with the use of such property by the Company and its Subsidiaries or (ii) would not not, individually or in the aggregate, be reasonably be expected likely to have a Material Adverse Effect.. 7140498v.6

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuelcell Energy Inc)

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