Rights to Property. All material and Work covered by progress payments made shall, at the time of payment, become the sole property of RCDSCC or its designee, but this shall not be construed as relieving the Contractor from the sole responsibility for all material and Work upon which payments have been made or the restoration of any damaged Work; or waiving the right of RCDSCC to require the fulfillment of all of the terms and conditions of the Contract Documents.
Rights to Property. All right, title and interest to the Program Technology acquired or developed pursuant to this Agreement including any submissions or applications to the FDA or any foreign equivalent made by DURA in its name on behalf of Xxxxxx Corp. II shall be the exclusive property of Xxxxxx Corp. II; PROVIDED, HOWEVER, that such right, title and interest shall be subject in all events to (a) the rights to Albuterol Program Assets obtained from Xxxxxx Corp. II pursuant to the exercise of the Albuterol Option or (b) the rights to the Xxxxxx Product Program Assets obtained from Xxxxxx Corp. II pursuant to the exercise of the Product Option. All matters relating to patents and patent applications with respect to the Program Technology acquired or developed pursuant to this Agreement shall be governed by Section 5.2 of the License Agreement.
Rights to Property. All equipment and other property provided or reimbursed to the CONTRACTOR by HSD is the property of HSD and shall be turned over to HSD at the time of termination or expiration of this Agreement, unless otherwise agreed in writing.
Rights to Property. 31 4.19 Year 2000 Issue .............................................. 32 4.20 Taxes ........................................................ 32 4.21 No Material Adverse Change ................................... 32 4.22 Solvency ..................................................... 32 4.23 No Regulatory Event .......................................... 32 4.24 Trade Relations .............................................. 32 4.25
Rights to Property. Applicant acknowledges Citibank’s ownership of and unqualified right to the possession and disposal of all shipping documents, warehouse receipts, policies or certificates of insurance, Drafts or other documents called for or drawn under the Credit and all property shipped in connection with such Credit and all proceeds and products thereof whether such shall be in the possession or control of Applicant, Citibank or any of its correspondents (“Property”) until such time as the Obligations have been fully paid and discharged. Applicant agrees to hold all such Property and documents released to Applicant or upon its order by Citibank in connection with the Credit in trust for Citibank at Applicant’s sole risk in a safe and proper place with liberty to sell the same and forthwith account for the proceeds in full to Citibank without deduction or set-off and in the meantime to hold such proceeds in trust for Citibank. Citibank reserves the right to cancel the trust at any time and take possession of all such Property and documents. Citibank (i) is authorized, at its option at any time and with or without notice, to transfer to or register in the name of any of its nominees all or part of such Property, (ii) shall be deemed to have exercised reasonable care with respect to such Property if the Property is accorded treatment comparable to that which Citibank gives to its own property of similar type, and (iii) shall not be obligated to enforce or preserve its rights or Applicant’s rights against any party or otherwise with respect to any Property. Applicant agrees that Citibank shall be subrogated to Applicant’s rights in respect of the transactions underlying the Credit. Citibank’s rights under this Clause shall remain in effect until Citibank’s liabilities under the Credit are extinguished and Applicant’s obligations are paid or discharged. Where the Credit is a negotiable Credit, Citibank’s rights to the Property shall continue for a reasonable period (at least 30 days) following the expiry of the Credit to secure Citibank’s potential obligations to negotiating banks.
Rights to Property. The Property Owners own good and insurable fee simple title to, or a valid leasehold interest in, all of the Properties, and good title to, or a valid leasehold interest in, all their other properties purported to be owned by them and all properties reflected in the most recent balance sheet referred to in Section 5.8 (except as sold or otherwise disposed of in the ordinary course of business or as no longer used or useful in the conduct of the business) free and clear of all Liens except Permitted Liens. Schedule 5.16 lists or describes (i) all real property owned or leased by each Loan Party. The Permitted Liens do not materially and adversely affect the value of the Properties, the use of the Properties for the use being made thereof as of the date of this Agreement, the operation of the Properties or the Borrower’s ability to repay the Loan in full.
Rights to Property. Except for the security interests (a) granted by Borrower to Northern Trust under the terms of the Northern Credit Facility and the Northern Mortgage; (b) granted to Standard Investors under the terms of the Primary Mortgage; and (c) retained by National City under the terms of the Asset Lease, Borrower has good and marketable title to all personal and real property purported to be owned by it.
Rights to Property. (a) Section 4.10 of the Disclosure Schedule sets forth all of the real property owned in fee by the Company and its subsidiaries. Each of the Company and its subsidiaries has good and marketable title to each parcel of real property owned by it free and clear of all Liens, except (i) Liens for Taxes not yet due and payable and general and special assessments not in default and payable without penalty and interest, and (ii) other Liens which do not materially interfere with the Company's or any of its subsidiaries' use and enjoyment of such real property or materially detract from or diminish the value thereof.
(b) Section 4.10 of the Disclosure Schedule sets forth all leases, subleases and other agreements (the "Real Property Leases") under which the Company or any of its subsidiaries uses or occupies or has the right to use or occupy, now or in the future, any real property. The Company has heretofore delivered to the Parent true, correct and complete copies of all Real Property Leases (and all modifications, amendments and supplements thereto and all side letters to which the Company or any of its subsidiaries is a party affecting the obligations of any party thereunder). Each Real Property Lease constitutes the valid and legally binding obligation of the Company or its subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar Laws of general applicability relating to or affecting creditors' rights or by general equity principles), and is in full force and effect. All rent and other sums and charges payable by the Company and its subsidiaries as tenants under each Real Property Lease are current, no termination event or condition or uncured default of a material nature on the part of the Company or any such subsidiary or, to the Knowledge of the Company, the landlord, exists under any Real Property Lease. Each of the Company and its subsidiaries has a good and valid leasehold interest in each parcel of real property leased by it free and clear of all Liens, except (i) Liens for Taxes not yet due and payable and general and special assessments not in default and payable without penalty and interest, and (ii) other Liens which do not materially interfere with the Company's or any of its subsidiaries' use and enjoyment of such real property or materially detract from or diminish the value thereof. No party to any such Real ...
Rights to Property. The Company, or any person authorised by them, may take or keep possession of any damaged property and deal with it in any reasonable manner. The Company will not incur any liability or diminish any other rights the Company may have when the Company does so. You may, however, not abandon any property to us whether the Company has taken possession of it or not.
Rights to Property. Subject to the Permitted Exceptions, Seller has not granted to any third party any option to purchase, right of first refusal to purchase, right of first offer or negotiation, or other similar right to purchase or otherwise acquire an interest (other than that of a tenant or occupant) in any part of the Property, and to Seller’s Actual Knowledge, no such right exists regarding the Property.
