Common use of Title; Real Property Clause in Contracts

Title; Real Property. (a) Each of the Borrower and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all Real Property and good title to all material personal property in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the Borrower, and none of such properties and assets is subject to any Lien, except Liens permitted under Section 8.2 (Liens, Etc.). (b) Set forth on Schedule 4.19 is a complete and accurate list of all Real Property not held for sale owned by each Loan Party and its Subsidiaries showing as of the Closing Date the current street address including, where applicable, county, state or other relevant jurisdiction, state, and record owner. (c) All Permits required to have been issued or appropriate to enable all Real Property of the Borrower or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that in the aggregate would not have a Material Adverse Effect. (d) None of the Borrower or any of its Subsidiaries has received any notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any Real Property of the Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Technical Olympic Usa Inc)

AutoNDA by SimpleDocs

Title; Real Property. (a) Each of the Borrower and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all material Real Property and good title to all material personal property property, in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements audited financial statements delivered by the Borrower, and none of such properties and assets is subject to any Lien, except Liens permitted under Section 8.2 7.01 (Liens). The Borrower and its Subsidiaries have received all deeds, Etc.)assignments, waivers, consents, non-disturbance and recognition or similar agreements, bills of sale and other documents, and have duly effected all recordings, filings and other actions necessary to establish, protect and perfect the Borrower's and its Subsidiaries' right, title and interest in and to all such material property. (b) Set forth on Schedule 4.19 is a complete and accurate list of all Real Property not held for sale owned by each Loan Party and its Subsidiaries showing as of the Closing Date the current street address including, where applicable, county, state or other relevant jurisdiction, state, and record owner. (c) All Permits required to have been issued or appropriate to enable all material Real Property of owned or leased by the Borrower or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that that, in the aggregate aggregate, would not have a Material Adverse Effect. (dc) None of the Borrower or any of its Subsidiaries has received any notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any material Real Property of owned or leased by the Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Jarden Corp)

Title; Real Property. (a) Each of the Borrower and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all Real Property real property and good title to all material personal property property, in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the Borrower, and none of such real or personal properties and assets is subject to any Lien, except Liens permitted under Section 8.2 (Liens, Etc.). The Borrower and its Subsidiaries have received all deeds, assignments, waivers, consents, non-disturbance and recognition or similar agreements, bills of sale and other documents, and have duly effected all recordings, filings and other actions necessary to establish, protect and perfect the Borrower's and its Subsidiaries' right, title and interest in and to all material property. (b) Set forth on Schedule 4.19 is a complete and accurate list of all Real Property not held for sale owned by each Loan Party and its Subsidiaries showing as of the Closing Date the current street address including, where applicable, county, state or other relevant jurisdiction, state, and record owner. (c) All Permits required to have been issued issued, used or appropriate necessary to enable all Real Property of real property owned or leased by the Borrower or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that that, in the aggregate aggregate, would not have a Material Adverse Effect. (dc) None of the Borrower or any of its Subsidiaries has received any written notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any Real Property of real property owned or leased by the Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hayes Lemmerz International Inc)

Title; Real Property. (a) Each of the Borrower and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all material Real Property and good title to leasehold interests in or rights in all material personal property property, in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the Borrower, and none of such properties and assets is subject to any Lien, except Liens permitted under Section 8.2 (Liens8.2. The Borrower and its Subsidiaries have received all deeds, Etc.)assignments, waivers, consents, non-disturbance and recognition or similar agreements, bills of sale and other documents in respect of, and have duly effected all recordings, filings and other actions necessary to establish, protect and perfect, the Borrower’s and its Subsidiaries’ right, title and interest in and to all such property, except to the extent the failure to have received or effected the same could reasonably be expected to have a Material Adverse Effect. (b) Set forth on Schedule 4.19 4.18 is a complete and accurate list of all Real Property not held for sale owned by of each Loan Party and its Subsidiaries showing and showing, as of the Closing Date Date, the current street address including, where applicable, county, state (including city and state) and the Subsidiary which is the owner or other relevant jurisdiction, state, and record ownerlessee thereof. (c) All Permits required to have been issued or appropriate to enable all Real Property of the Borrower or any of its Subsidiaries (and in the case of a Debtor, subject to the Interim Order (and the Final Order when entered)) to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that could not reasonably be expected to have, individually or in the aggregate would not have aggregate, a Material Adverse Effect. (d) None of the Borrower or any of its Subsidiaries has received any notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any Real Property of the Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Guarantee Agreement (Us Concrete Inc)

Title; Real Property. (a) Each of the Borrower and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all Real Property and good title to all material personal property in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the Borrower, and none of such properties and assets is subject to any Lien, except Liens permitted under Section 8.2 (Liens, Etc.). (b) Set forth on Schedule 4.19 is a complete and accurate list of all Real Property not held for sale owned by each Loan Party and its Subsidiaries showing as of the Closing Effective Date the current street address including, where applicable, county, state or other relevant jurisdiction, state, and record owner. (c) All Permits required to have been issued or appropriate to enable all Real Property of the Borrower or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that in the aggregate would not have a Material Adverse Effect. (d) None of the Borrower or any of its Subsidiaries has received any notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any Real Property of the Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Technical Olympic Usa Inc)

AutoNDA by SimpleDocs

Title; Real Property. (a) Each of the U.S. Borrower and its Subsidiaries Subsidiary Guarantors has good and marketable or indefeasible insurable title to, or valid leasehold interests in, all Real Property real property and good title to all material personal property property, in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the U.S. Borrower, and none of such properties and assets is subject to any Lien, except Liens permitted under Section 8.2 (Liens, Etc.). The U.S. Borrower and the Subsidiary Guarantors have received all deeds, assignments, waivers, consents, non-disturbance and recognition or similar agreements, bills of sale and other documents, and have duly effected all recordings, filings and other actions necessary to establish, protect and perfect the U.S. Borrower’s and such Subsidiary Guarantors’ right, title and interest in and to all such property, except where the failure to do so would not be reasonably likely to have a Material Adverse Effect. (b) Set forth on Schedule 4.19 is a complete and accurate list of all Real Property not held All Permits necessary for sale owned by each Loan Party and its Subsidiaries showing as the conduct of the Closing Date the current street address including, where applicable, county, state business in all material respects as presently conducted or other relevant jurisdiction, state, and record owner. (c) All all Permits required to have been issued or appropriate to enable all Real Property of real property owned or leased by the U.S. Borrower or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that that, in the aggregate aggregate, would not be reasonably likely to have a Material Adverse Effect.. AMENDED AND RESTATED CREDIT AGREEMENT FMC CORPORATION (dc) None of the U.S. Borrower or any of its Subsidiaries has received any notice, or has any knowledge, of any pending, threatened or contemplated pending condemnation proceeding affecting any Real Property of real property owned or leased by the U.S. Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not be reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (FMC Corp)

Title; Real Property. (a) Each of the Borrower Parent and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all Real Property and good title to all material personal property property, in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the BorrowerParent, and none of such properties and assets is subject to any Lien, except Liens permitted under Section SECTION 8.2 (LiensLIENS, EtcETC.). The Parent and its Subsidiaries have received all deeds, assignments, waivers, consents, non-disturbance and recognition or similar agreements, bills of sale and other documents in respect of, and have duly effected all recordings, filings and other actions necessary to establish, protect and perfect, the Parent's and its Subsidiaries' right, title and interest in and to all such property. (b) Set forth on Schedule SCHEDULE 4.19 (REAL PROPERTY) is a complete and accurate list of all Real Property not held for sale owned by of each Loan Party and its Subsidiaries showing and showing, as of the Closing Date Date, the current street address (including, where applicable, county, state or and other relevant jurisdictionjurisdictions), staterecord owner and, and record ownerwhere applicable, lessee thereof. (c) All Permits required to have been issued or appropriate to enable all Real Property of the Borrower Parent or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that that, in the aggregate aggregate, would not have a Material Adverse Effect. (d) None of the Borrower Parent or any of its Subsidiaries has received any notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any Real Property of the Borrower Parent or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Prestige Brands International, Inc.)

Title; Real Property. (a) Each of the Borrower and its Subsidiaries has good and marketable or indefeasible title to, or valid leasehold interests in, all Real Property real property and good title to all material personal property property, in each case case, that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the Borrower, and none of such real or personal properties and assets is subject to any Lien, except Liens permitted under Section 8.2 (Liens, Etc.). The Borrower and its Subsidiaries have received all deeds, assignments, waivers, consents, non-disturbance and recognition or similar agreements, bills of sale and other documents, and have duly effected all recordings, filings and other actions necessary to establish, protect and perfect the Borrower's and its Subsidiaries' right, title and interest in and to all material property. (b) Set forth on Schedule 4.19 is a complete and accurate list of all Real Property not held for sale owned by each Loan Party and its Subsidiaries showing as of the Closing Date the current street address including, where applicable, county, state or other relevant jurisdiction, state, and record owner. (c) All Permits required to have been issued issued, used or appropriate necessary to enable all Real Property of real property owned or leased by the Borrower or any of its Subsidiaries to be lawfully occupied and used for all of the purposes for which they are currently occupied and used have been lawfully issued and are in full force and effect, other than those that that, in the aggregate aggregate, would not have a Material Adverse Effect. (dc) None of the Borrower or any of its Subsidiaries has received any written notice, or has any knowledge, of any pending, threatened or contemplated condemnation proceeding affecting any Real Property of real property owned or leased by the Borrower or any of its Subsidiaries or any part thereof, except those that, in the aggregate, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hli Operating Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!