Common use of Title to Properties Generally Clause in Contracts

Title to Properties Generally. Except when the failure to do so does not have and could not reasonably be expected to have a Material Adverse Effect, NAI and its Subsidiaries have and will have and maintain good and indefeasible fee simple title to or valid leasehold interests in all of its real property and good title to or a valid leasehold interest in all of its other material assets, as such properties and assets are reflected in the most recent financial statements delivered to BNPPLC, other than properties or assets disposed of in the ordinary course of business since such date; subject, however, in the case of the Property, to Permitted Encumbrances and Liens created by the Operative Documents. NAI enjoys peaceful and undisturbed possession under all of its leases.

Appears in 6 contracts

Samples: Closing Certificate and Agreement (NetApp, Inc.), Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (NetApp, Inc.)

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Title to Properties Generally. Except when the failure to do so does not have and could not reasonably be expected to have a Material Adverse Effect, NAI and its Subsidiaries have and will have and maintain good and indefeasible fee simple title to or valid leasehold interests in all of its real property and good title to or a valid leasehold interest in all of its other material assets, as such properties and assets are reflected in the most recent financial statements delivered to BNPPLC, other than properties or assets disposed of in the ordinary course of business since such date; subject, however, in the case of the Property, Property to Permitted Encumbrances and Liens created by the Operative Documents. NAI enjoys peaceful and undisturbed possession under all of its leases.

Appears in 3 contracts

Samples: Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (Network Appliance Inc)

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