Common use of Title to Assets; No Encumbrances Clause in Contracts

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good and marketable title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary to conduct its business or used in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.

Appears in 9 contracts

Samples: Senior Secured Superpriority Debtor in Possession Term Loan Agreement (Colt Finance Corp.), Senior Secured Debtor in Possession Credit Agreement (Colt Finance Corp.), Term Loan Agreement (Colt Finance Corp.)

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Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good and marketable title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (cb) good and marketable title to (in the case of all other real or personal property), all of their respective assets or property necessary reflected in their most recent financial statements delivered pursuant to conduct its business or used Section 5.1, in each case except for assets disposed of since the ordinary course date of businesssuch financial statements to the extent permitted hereby. All of such assets are free and clear of Liens except for Permitted Liens.

Appears in 5 contracts

Samples: Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Canopy Growth Corp)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries Party has (a) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective its assets or property necessary reflected in its most recent financial statements delivered to conduct its business or used Lender, in each case except for assets disposed of since the ordinary course date of businesssuch financial statements to the extent permitted by any Loan Document. All of such assets are free and clear of Liens except for Permitted Liens.

Appears in 4 contracts

Samples: Credit Agreement (Innodata Inc), Credit Agreement (Innodata Inc), Credit Agreement (Culp Inc)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good and marketable title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (cb) good and marketable title to (in the case of all other real or personal property), all of their respective assets or property necessary reflected in their most recent financial statements delivered pursuant to conduct its business or used Section 6.1, in each case except for assets disposed of since the ordinary course date of businesssuch financial statements to the extent permitted hereby. All of such assets are free and clear of Liens except for Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Jushi Holdings Inc.), Credit Agreement (Jushi Holdings Inc.), Credit Agreement (Jushi Holdings Inc.)

Title to Assets; No Encumbrances. Each of the Loan Parties Borrower and its Subsidiaries has have (ai) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (bii) valid leasehold interests in (in the case of leasehold interests in real or personal property), (iii) valid licensed rights in (in the case of licensed interest in intellectual property), and (civ) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary to conduct its business or used in the ordinary course of businessassets. All of such assets are free and clear of Liens except for Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies Inc)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary to conduct its business or used reflected in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.their most recent financial statements delivered

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary to conduct its business or used reflected in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.their most recent financial

Appears in 1 contract

Samples: Credit Agreement (EGAIN Corp)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary reflected in their most recent financial statements delivered pursuant to conduct its business or used Section 5.1, in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.each case

Appears in 1 contract

Samples: Credit Agreement (VOXX International Corp)

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Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good good, sufficient and marketable title to (in the case of fee interests in Real Property), (b) valid leasehold interests in or valid rights to use (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all Accounts, Inventory and other material personal property, other than assets subject to Capitalized Lease Obligations), all of their respective assets or property necessary to conduct its business or used reflected in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.their

Appears in 1 contract

Samples: Credit Agreement (BlueLinx Holdings Inc.)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary to conduct its business or used in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.leasehold

Appears in 1 contract

Samples: Credit Agreement (Vector Group LTD)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good and marketable title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and marketable title to (in the case of all other personal property), all of their respective assets or property necessary reflected in their most recent financial statements delivered pursuant to conduct its business or used Section 5.1, in each case except for assets disposed of since the ordinary course date of businesssuch financial statements to the extent permitted hereby. All of such assets are free and clear of Liens except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Enphase Energy, Inc.)

Title to Assets; No Encumbrances. Each of the Loan Parties and its Subsidiaries has (a) good good, sufficient and marketable legal title to (in the case of fee interests in Real Property), (b) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (c) good and and, as applicable, marketable title to (in the case of all other personal property), all of their respective assets or property necessary reflected in their most recent financial statements delivered pursuant to conduct its business or used Section 5.1, in the ordinary course of business. All of such assets are free and clear of Liens except for Permitted Liens.each case

Appears in 1 contract

Samples: Credit Agreement (Nautilus, Inc.)

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