Title to and Condition of Property. (a) Seller has not entered into any agreement regarding the Real Property other than (i) those specifically set forth herein or disclosed to Purchaser prior to the execution of this Agreement, (ii) those listed on Schedule 4.6(a), (iii) those that are recorded in the chain of title to the Real Property, and (iv) the Real Property Lease, the Equipment Leases, and the Assignable Contracts.
Title to and Condition of Property. (i) The Issuer has:
Title to and Condition of Property. (a) The Company has good and marketable title to all of its tangible personal property and assets (other than properties and assets leased or licensed from others) free and clear of all Liens, except Permitted Liens. Each item of tangible personal property is in good repair and good operating condition, ordinary wear and tear excepted, and is suitable for use in the ordinary course of business.
Title to and Condition of Property. (a) Real Property Used. The Leased Real Estate, as set forth on Schedule 3.10(a) attached hereto, constitutes all real property used by the Company in the Acquired Business. The Company does not own any Owned Real Estate.
Title to and Condition of Property. The Borrower has good and marketable title to its properties and assets free and clear of Liens except for Permitted Liens. The execution, delivery and performance of this Agreement, the Notes or any other instrument or agreement required to be delivered by Borrower hereunder will not result in the creation of any Lien except as provided for herein. All of the facilities and properties of Borrower are in good operating condition and repair except for facilities and properties (i) which are obsolete or otherwise not required for the conduct of its business, or (ii) which are being repaired in the ordinary course business.
Title to and Condition of Property. Except as may be necessary to cure Title Objections, from the Effective Date hereof to the Closing Seller shall not cause or permit any change in the status of title to the Property or the physical condition of the Property except for customary maintenance and operations. Seller shall not cause or permit any adverse change in the condition of the Property, reasonable wear and tear and damage by fire or the elements excepted. Seller shall not enter into any leases or other occupancy agreements with respect to all or any portion of the Property, or amend, modify, or extend existing leases except in the ordinary course of business without the prior written consent of Purchaser.
Title to and Condition of Property. Thoratec and the Thoratec Subsidiaries have good and valid title to all of their respective properties, interests in properties and assets, real and personal, reflected in the Thoratec Balance Sheet or acquired after the Reference Date, and have valid leasehold interests in all leased properties and assets, in each case free and clear of all mortgages, liens, pledges, charges or encumbrances of any kind or character,
Title to and Condition of Property. Except as set forth in the Company SEC Documents or Section 3.19 of the Disclosure Schedule, the Company and each of the Subsidiaries have good title to all of their owned properties and assets, free and clear of all liens, charges and encumbrances, except liens for taxes not yet due and payable and such liens or other imperfections of title, if any, as do not materially detract from the value of or interfere with the present use of the property affected thereby in accordance with industry standards or which could not reasonably be expected to have a material adverse effect on the Company; and all leases pursuant to which the Company or any of the Subsidiaries lease from others material amounts of real or personal property are in good standing, valid and effective in accordance with their respective terms, and there is not under any of such leases, any existing default or event of default by the Company or the Subsidiaries or to the Knowledge of the Company any other party thereto (or event which with notice or lapse of time, or both, would constitute a default), except where the lack of such good standing, validity and effectiveness or the existence of such default or event of default could not reasonably be expected to have a material adverse effect on the Company. Except as set forth in Section 3.19 of the Disclosure Schedule, since October 1, 1999, there has been no material adverse change in any of such material tangible personal property, whether owned or leased. None of the Company or the Subsidiaries has granted any option or other right to acquire any portion of its material owned properties or assets, except as set forth in Section 3.19 of the Disclosure Schedule.
Title to and Condition of Property. Neither the Corporation nor any of its Subsidiaries owns any real property. Except as set forth on Schedule 4.15, all leases, subleases, licences and other agreements (both verbal and written), under which the Corporation, any Subsidiary thereof or any franchisee occupies real property (collectively, the "Leases") are valid, binding and in full force and effect, no written notice of default or termination thereunder has been received by the Vendor, Corporation, any Subsidiary or any franchisee, all rents and other sums and other charges payable by the lessee thereunder are current (or no more than 60 days past due) and no termination event either conditional or uncured default on the part of the Corporation or any Subsidiary or any franchisee exists thereunder.
Title to and Condition of Property. Except as set out in Schedule 5.13, the Purchaser does not own any real property. The Purchaser has good and marketable title to such owned real property. Except as set forth on Schedule 5.13, all leases, subleases, licences and other agreements (both verbal and written) under which the Purchaser occupies real property (collectively, the "CPI Leases") are valid, binding and in full force and effect, no written notice of default or termination thereunder has been received by the Purchaser, all rents and other sums and other charges payable by the lessee thereunder are current (or no more than 60 days past due) and no termination event either conditional or uncured default on the part of the Purchaser, exists thereunder.
