Common use of Title to and Condition and Sufficiency of VERITAS Assets Clause in Contracts

Title to and Condition and Sufficiency of VERITAS Assets. The -------------------------------------------------------- VERITAS Group owns, or at the Effective Time will own, all of the VERITAS Assets and has good and marketable title in and to all of the VERITAS Assets, free and clear of all Encumbrances whatsoever, other than the VERITAS Permitted Encumbrances. The VERITAS Assets constitute all assets, properties, rights, VERITAS Contracts and Intellectual Property Rights that are necessary or required for the Conduct of the VERITAS Business without (i) the need to purchase, license or acquire any other material asset or property; (ii) violating any contractual rights of any third party; or (iii) infringing, misappropriating or misusing any software or Intellectual Property Rights of any third party in a manner, except for such assets, properties, rights, contracts, software and Intellectual Property Rights, the absence of which would not have a Material Adverse Effect on VERITAS. Except for the consents and approvals identified on Section 3.22 of the VERITAS Disclosure Letter, title to all VERITAS Assets is freely transferable to VERITAS free and clear of all Encumbrances, other than VERITAS Permitted Encumbrances, and without obtaining the consent or approval of any person, except where the failure to transfer the VERITAS Asset would not have a Material Adverse Effect on Newco.

Title to and Condition and Sufficiency of VERITAS Assets. The A -------------------------------------------------------- member of the VERITAS Group owns, or at the Effective Time Closing will own, all of the VERITAS Assets and has good and marketable title in and to all of the VERITAS Assets, free and clear of all Encumbrances whatsoever, other than the VERITAS Permitted Encumbrances. The VERITAS Assets constitute all assets, properties, rights, VERITAS Contracts and Intellectual Property Rights that are necessary or required for the Conduct of the VERITAS Business without (i) the need to purchase, license or acquire any other material asset or property; (ii) violating any contractual rights of any third party; or (iii) infringing, misappropriating or misusing any software or Intellectual Property Rights of any third party in a mannerparty, except for such assets, properties, rights, contracts, software and Intellectual Property Rights, the absence of which would not have a Material Adverse Effect on VERITAS. Except for the consents and approvals identified on Section 3.22 of the VERITAS Disclosure Letter, title to all VERITAS Assets is freely transferable to VERITAS free and clear of all Encumbrances, other than VERITAS Permitted Encumbrances, and without obtaining the consent or approval of any person, except where the failure to transfer the VERITAS Asset would not have a Material Adverse Effect on Newco.

Title to and Condition and Sufficiency of VERITAS Assets. The -------------------------------------------------------- VERITAS Group owns, or at the Effective Time will own, all of the VERITAS Assets and has good and marketable title in and to all of the VERITAS Assets, free and clear of all Encumbrances whatsoever, other than the VERITAS Permitted Encumbrances. The VERITAS Assets constitute all assets, properties, rights, VERITAS Contracts and Intellectual Property Rights that are necessary or required for the Conduct of the VERITAS Business without (i) the need to purchase, license or acquire any other material asset or property; (ii) violating any contractual rights of any third party; or (iii) infringing, misappropriating or misusing any software or Intellectual Property Rights of any third party in a manner, except for such assets, properties, rights, contracts, software and Intellectual Property Rights, the absence of which would not have a Material Adverse Effect on VERITAS. Except for the consents and approvals identified on Section 3.22 of the VERITAS Disclosure Letter, title to all VERITAS Assets is freely transferable to VERITAS free and clear of all Encumbrances, other than VERITAS Permitted Encumbrances, and without obtaining the consent or approval of any person, except where the failure to transfer the VERITAS Asset would not have a Material Adverse Effect on Newco.