Common use of Title to Properties and Assets; Liens, Etc Clause in Contracts

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Nestor Inc)

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Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the SEC Documents, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 4 contracts

Samples: Series C Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series B Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series D Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair repair, normal wear and tear excepted, and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 3 contracts

Samples: Subscription Agreement (Global Axcess Corp), Subscription Agreement (Global Axcess Corp), Subscription Agreement (Global Axcess Corp)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9in the Form 10-K, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair repair, normal wear and tear excepted, and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Boston Therapeutics, Inc.), Securities Purchase Agreement (Boston Therapeutics, Inc.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9in the SEC Documents, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Infinite Group Inc), Securities Purchase Agreement (Infinite Group Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair repair, normal wear and tear excepted, and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Axesstel Inc), Securities Purchase Agreement (Axesstel Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9otherwise disclosed in its SEC Reports, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (InZon CORP)

Title to Properties and Assets; Liens, Etc. Except for Intellectual Property which is the subject of Section 4.10 hereof, and except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from Permitted Liens (as defined in the value of the property subject thereto or materially impair the operations of the CompanySecurity Agreement), and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used or for which they are intended to be used. Except as set forth on Schedule 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tidel Technologies Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than than: (a) those resulting from taxes which have not yet become delinquent, (b) ; minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and ; and (cb) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (United Energy Corp /Nv/)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9in the SEC Reports, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Implant Sciences Corp)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.93.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than than: (ai) those resulting from taxes which have not yet become delinquent, ; (bii) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and ; and (ciii) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.93.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Minatura Gold)

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Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the The Company does not own fee title to any real property. The Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Purchase Agreement (Improvenet Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than than: (a) those resulting from taxes which have not yet become delinquent, ; (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and ; and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair repair, ordinary wear and tear excepted, and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Time America Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule SCHEDULE 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule SCHEDULE 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Penthouse International Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule SCHEDULE 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than than: (a) those resulting from taxes which have not yet become delinquent, ; (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and ; and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule SCHEDULE 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ventures National Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than than: (a) those resulting from taxes which have not yet become delinquent, ; (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company, and ; and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair (except for ordinary wear and tear) and are reasonably fit and usable for the purposes for which they are being used. Except as set forth on Schedule 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mitek Systems Inc)

Title to Properties and Assets; Liens, Etc. Except for Intellectual Property which is the subject of SECTION 4.10 hereof, and except as set forth on Schedule SCHEDULE 4.9, the Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances which do not materially detract from Permitted Liens (as defined in the value of the property subject thereto or materially impair the operations of the CompanySecurity Agreement), and (c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used or for which they are intended to be used. Except as set forth on Schedule SCHEDULE 4.9, the Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tidel Technologies Inc)

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