Title to Properties; Leasehold Interests. The Company has good and marketable title to each of the properties and assets owned by it. The Company does not own any real property. Certain real property used by the Company in the conduct of its business is held under lease, and the Company is not aware of any pending or threatened claim or action by any lessor of any such property to terminate any such lease. None of the properties owned or leased by the Company is subject to any Liens which could reasonably be expected to materially and adversely affect the assets, properties, liabilities, business, affairs, results of operations, condition (financial or otherwise) or prospects of the Company. Each lease or agreement to which the Company is a party under which it is the lessee of any property, real or personal, is a valid and subsisting agreement without any material default of the Company thereunder and, to the best of the Company's knowledge, without any material default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any party thereto, except for such defaults that would not individually or in the aggregate have a Material Adverse Effect. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against it adverse to its rights in such leasehold interests.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Energy Biosystems Corp), Stock Purchase Agreement (Keystone Inc Et Al), Stock Exchange Agreement (Energy Biosystems Corp)
Title to Properties; Leasehold Interests. The Company has good and marketable title to each of the properties and assets owned by it. The Company does not own any real property. Certain real and personal property used by the Company in the conduct of its business is held under lease, and and, to the Company Company's knowledge, there is not aware of any no pending or threatened claim or action Claim by any lessor of any such property to terminate any such lease. None of the properties owned or leased by the Company is subject to any Liens which could reasonably be expected to materially and adversely affect the assets, properties, liabilities, business, affairs, results of operations, condition (financial or otherwise) or prospects of the Company. Each lease or agreement to which the Company is a party under which it is the lessee of any property, real or personal, is a valid and subsisting agreement without any material default of the Company thereunder and, to the best of the Company's knowledge, without any material default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any party thereto, except for such defaults that would not individually or in the aggregate have a Material Adverse EffectEffect on the Company. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against it adverse to its rights in such leasehold interests.
Appears in 2 contracts
Samples: Subscription Agreement (Security Capital U S Realty), Subscription Agreement (Security Capital U S Realty)
Title to Properties; Leasehold Interests. The Company has good and marketable title to each of the properties and assets owned by it. The Company does not own any real property. Certain real property used by the Company in the conduct of its business is held under lease, and the Company is not aware of any pending or threatened claim or action by any lessor of any such property to terminate or materially alter any such lease. None Except as set forth on Schedule 3.10, none of the properties owned or leased by the Company is subject to any Liens security interest, mortgage, lien, encumbrance or charge which could reasonably be expected to materially and adversely affect the assets, properties, liabilities, business, affairs, results of operations, condition (financial or otherwise) or prospects of the Company. Each lease or agreement to which the Company is a party under and pursuant to which it is the lessee of any property, real or personal, Company holds properties and assets is a valid and subsisting agreement without any material default of the Company thereunder and, to the best of the Company's knowledge, without any material default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any party thereto, except for such defaults that would not individually or in the aggregate have a Material Adverse Effectmaterial adverse effect on the Company. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against it adverse to its rights in such leasehold interestsinterests has been asserted against it.
Appears in 2 contracts
Samples: Series C 7% Cumulative Convertible Preferred Stock Purchase Agreement (Park N View Inc), Senior Subordinated Note and Common Stock Warrant Purchase Agreement (Creditrust Corp)
Title to Properties; Leasehold Interests. The Company Regency has good and marketable title to each of the properties and assets owned by it. The Company does not own any real property. Certain real and personal property used by the Company Regency in the conduct of its business is held under lease, and the Company and, to Regency's knowledge, there is not aware of any no pending or threatened claim or action Claim by any lessor of any such property to terminate any such lease. None of the properties owned or leased by the Company Regency is subject to any Liens which could reasonably be expected to materially and adversely affect the assets, properties, liabilities, business, affairs, results of operations, condition (financial or otherwise) or prospects of the CompanyRegency. Each lease or agreement to which the Company Regency is a party under which it is the lessee of any property, real or personal, is a valid and subsisting agreement without any material default of the Company Regency thereunder and, to the best of the CompanyRegency's knowledge, without any material default thereunder of any other party thereto. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company Regency under any such lease or agreement or, to the best of the CompanyRegency's knowledge, by any party thereto, except for such defaults that would not individually or in the aggregate have a Material Adverse EffectEffect on Regency. The CompanyRegency's possession of such property has not been disturbed and, to the best of the CompanyRegency's knowledge, no claim has been asserted against it adverse to its rights in such leasehold interests.
Appears in 2 contracts
Samples: Contribution Agreement (Regency Realty Corp), Contribution Agreement (Regency Realty Corp)
Title to Properties; Leasehold Interests. The (a) Except as set forth in the Registration Statement and Prospectus, the Company has and its subsidiaries have good and marketable title to each all property described in the Registration Statement and Prospectus as owned by them which is material to the business of the properties Company and assets owned by it. The Company does not own its subsidiaries and (b) any real property. Certain real property used and buildings described in the Registration Statement and Prospectus as held under lease by the Company in the conduct of and its business is subsidiaries are held under leasevalid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the Company is not aware use made and proposed to be made of any pending or threatened claim or action by any lessor of any such property to terminate any such lease. None of the properties owned or leased and buildings by the Company is subject to any Liens which could and its subsidiaries, in each case except as described in the Registration Statement and the Prospectus or as would not reasonably be expected expected, individually or in the aggregate, to materially and adversely affect the assets, properties, liabilities, business, affairs, results of operations, condition (financial or otherwise) or prospects of the Companyhave a Material Adverse Effect. Each lease or agreement to which the Company is a party under which it is the lessee of any property, real or personal, is a valid and subsisting agreement without any material default of the Company thereunder and, to the best of the Company's knowledge, without any material default thereunder of any other party thereto, except for such defaults that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect. No event has occurred and is continuing which, with due notice or lapse of time or both, would constitute a default or event of default by the Company under any such lease or agreement or, to the best of the Company's knowledge, by any party thereto, except for such defaults that would not reasonably be expected, individually or in the aggregate aggregate, to have a Material Adverse Effect. The Company's possession of such property has not been disturbed and, to the best of the Company's knowledge, no claim has been asserted against it adverse to its rights in such leasehold interests.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Apartment Investment & Management Co)