Common use of Title to Properties; Absence of Encumbrances Clause in Contracts

Title to Properties; Absence of Encumbrances. Each of the Company -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B hereto, and, except as --------- so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 3 contracts

Samples: Credit Agreement (Excel Switching Corp), Credit Agreement (Excel Inc), Credit Agreement (Excel Switching Corp)

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Title to Properties; Absence of Encumbrances. Each of the Company Parent -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by itused in the conduct of its business, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B C hereto, and, --------- except as --------- so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (Brookstone Inc), Credit Agreement (Brookstone Inc)

Title to Properties; Absence of Encumbrances. Each of the Company Borrower -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 Initial Financial Statement (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B heretoEncumbrances, and, except as --------- so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (Viisage Technology Inc), Revolving Credit Agreement (Viisage Technology Inc)

Title to Properties; Absence of Encumbrances. Each of the Company -------------------------------------------- and its Subsidiaries The Borrower has good -------------------------------------------- and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B hereto4.5 thereto, and, except as --------- so disclosed, free from all ------- defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriquest Technologies Inc)

Title to Properties; Absence of Encumbrances. Each of the Company -------------------------------------------- and its Subsidiaries Subsidiaries, if any, has good and marketable title to all of the material properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section SECTION 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B EXHIBIT C hereto, and, except as --------- so disclosed, free from all defects of title that might materially adversely affect are reasonably expected to have a material adverse effect on such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Revolving Credit Agreement (Guess Inc Et Al/Ca/)

Title to Properties; Absence of Encumbrances. Each of the Company -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B C hereto, and, except as --------- so disclosed, free from all defects of title tide that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tier Technologies Inc)

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Title to Properties; Absence of Encumbrances. Each of the Company -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B C hereto, and, except as --------- so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Object Design Inc)

Title to Properties; Absence of Encumbrances. Each of the Company Parent -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by itused in the conduct of its business, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B C hereto, and, except as --------- so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken token as a whole.

Appears in 1 contract

Samples: Credit Agreement (Brookstone Inc)

Title to Properties; Absence of Encumbrances. Each of the Company -------------------------------------------- and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name kind and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances or those Encumbrances disclosed in Exhibit B C hereto, and, except as --------- so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Revolving Credit Agreement (Essex County Gas Company)

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