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

Title to and Condition of Assets. Each of the Company and its subsidiaries has good and marketable title to, or, in the case of leased properties and assets, has good and valid leasehold interests in, all of its tangible properties and assets, real, personal and mixed, used or held for use in, or which are necessary to conduct, the business of the Company and its subsidiaries as conducted as of the date hereof, free and clear of all Liens, except for (a) Liens arising under the Company’s Amended and Restated Credit Agreement dated as of April 30, 2004 (as amended, the “Credit Facility”), (b) security interests granted to the Company’s bonding company, and (c) other Liens arising in the ordinary course of business none of which are with respect to obligations that are material in amount.

Title to and Condition of Assets. Each of the Company and its subsidiaries has good and marketable title to, or, in the case of leased properties and assets, has good and valid leasehold interests in, all of its tangible properties and assets, real, personal and mixed, used or held for use in, or which are necessary to conduct, the business of the Company and its subsidiaries as conducted as of the date hereofcurrently conducted, free and clear of all Liens, except for (a) Liens arising under the Company’s Amended and Restated 's Credit Agreement dated as of April 30December 31, 2004 2003 (as amended, the “"Credit Facility”"), (b) security interests granted to the Company’s 's bonding company, and (c) other Liens arising in the ordinary course of business none of which are with respect to obligations that are material in amount.

Title to and Condition of Assets. Each of the Company and its subsidiaries has has, as of the date hereof, good and marketable title to, or, in the case of leased properties and assets, has good and valid leasehold interests in, all of its tangible properties and assets, real, personal and mixed, used or held for use in, or which are necessary to conduct, the business of the Company and its subsidiaries as conducted as of the date hereof, free and clear of all Liens, except for (a) Liens arising under the Company’s Amended and Restated 's Credit Agreement dated as of April 30, 2004 (as amended, the “"Credit Facility”"), (b) security interests granted to the Company’s 's bonding company, and (c) other Liens arising in the ordinary course of business none of which are with respect to obligations that are material in amount.