Common use of Title to Properties; Leases Clause in Contracts

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 11 contracts

Samples: Subordination Agreement (BTHC VII Inc), Intercreditor and Lien Subordination Agreement (Whitehall Jewellers Inc), Subordination Agreement (Whitehall Jewelers Holdings, Inc.)

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Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 7 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.)

Title to Properties; Leases. Except as indicated on Schedule 7.3 8.7 hereto, the Borrower Company and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Company and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances Liens except Permitted Liens.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Hasbro Inc), Line of Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 8.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Anacomp Inc), Revolving Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit Agreement (Hvide Marine Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 SCHEDULE 8.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/), Credit Agreement (HPSC Inc), Credit Agreement (HPSC Inc)

Title to Properties; Leases. Except as indicated on Schedule SCHEDULE 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Brooks Automation Inc), Intercreditor Agreement (Prentice Capital Management, LP), Revolving Credit and Term Loan Agreement (Stride & Associates Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 heretohereto and for transactions after the date hereof which are not prohibited by this Agreement, the Borrower and its Subsidiaries own all of the material assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business or as permitted hereunder since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 3 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 3 contracts

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

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the The Borrower and its Subsidiaries own --------------------------- all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 10.3 hereto, as of the Closing Date the Borrower and its Subsidiaries own all of the assets reflected in the pro-forma consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date)Closing Date, subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the The Borrower and its Subsidiaries own --------------------------- all of the assets reflected in the consolidated combined balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 8.3 hereto, each of the Parent Companies, the Borrower and its their Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Digitas and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Digitas Inc), Revolving Credit Agreement (Digitas Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 7.4 hereto, the each Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet sheets of the Borrower Borrowers and its their Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Starter Corp), Credit Agreement (Starter Corp)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the The Borrower and its Subsidiaries own all --------------------------- of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (New England Business Service Inc), Revolving Credit Agreement (New England Business Service Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 --------------------------- -------- --- hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Interim Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (New England Business Service Inc), Revolving Credit Agreement (New England Business Service Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 4.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

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

Title to Properties; Leases. Except as indicated on Schedule 7.3 8.3 hereto, the Borrower and its -------- --- Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except for property and assets sold or otherwise disposed of in the ordinary course of business since that datedate or in accordance with this Credit Agreement), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)

Title to Properties; Leases. Except as indicated on Schedule 7.3 6.3 hereto, the Borrower and its Subsidiaries own all of the assets Properties reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets Property sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Borders Group Inc), Senior Secured Credit Agreement (Pershing Square Capital Management, L.P.)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower Borrowers and its their Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Borrowers and its their Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances Liens except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Borders Group Inc), Term Loan Agreement (Borders Group Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries and of the Guarantor and its Subsidiaries as at the Balance Sheet Date have been owned or acquired by such entities since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 SCHEDULE 5.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 6.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Stride Rite Corp), Revolving Credit Agreement (National Auto Finance Co Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 6.3 hereto, and after giving effect to the transactions contemplated hereby, the Borrower and its Subsidiaries own all of the assets reflected in the pro forma consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Closing Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Safety Insurance Group Inc), Revolving Credit Agreement (Safety Insurance Group Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of othersLiens, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

Title to Properties; Leases. Except as indicated on Schedule 7.3 6.3 hereto, the Borrower and its Subsidiaries own owns all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Boston Celtics Limited Partnership)

Title to Properties; Leases. Except as indicated on Schedule 7.3 4.5 hereto, the Borrower Company and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Company and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Securities Purchase Agreement (Andersen Group Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own or one of the Guarantors owns all of the respective assets reflected in the pro forma consolidated balance sheet of the Borrower and its Subsidiaries the Guarantors as at of the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), in each case subject to no rights of others, including any mortgages, ground leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aegis Realty Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, Holdings, the Borrower and its their Subsidiaries own or lease all of the assets reflected in the pro forma consolidated balance sheet of Holdings, the Borrower and its their Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted LiensLiens permitted by §9.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Yankee Candle Co Inc)

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Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the The Borrower and its Subsidiaries own all ----- -- ---------- ------ of the their respective assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Interim Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, capitalized leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liensthose permitted by (S)7.2 hereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aerovox Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 hereto, the Borrower Company and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Company and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted LiensEncumbrances permitted under Section 7.3 which are listed on Schedule 7.3 hereto.

Appears in 1 contract

Samples: 12% Senior Subordinated Note and Warrant Purchase Agreement (Allou Health & Beauty Care Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 --------------------------- -------- --- hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Value Health Inc / Ct)

Title to Properties; Leases. Except as indicated on Schedule 7.3 7.03 hereto, the Borrower and its Subsidiaries Borrowers own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries Borrowers as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Compudyne Corp)

Title to Properties; Leases. Except as indicated on Schedule 7.3 9.3 hereto, the such Borrower and its Subsidiaries own all of the assets material property reflected in the consolidated balance sheet of the Borrower Holdings and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that dateas permitted under Section 11.5.2 hereof), subject to no rights free and clear of others, including any mortgages, leases, conditional sales agreements, title retention agreements, all liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 8.3 hereto, the Borrower and its Subsidiaries own owns all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Arrow Automotive Industries Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 5.3 hereto, the Borrower Company and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Company and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including including, without limitation, any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances encumbrances, except Permitted Liensthose permitted by sec. 7.2 hereof.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mackenzie Investment Management Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the The Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted LiensLiens and except for defects in title that are not reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lexmark International Inc /Ky/)

Title to Properties; Leases. Except as indicated on Schedule 7.3 --------------------------- -------- --- hereto, the Borrower Borrowers and its their Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower Borrowers and its their Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 10.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Hvide Marine Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 heretohereto and for transactions after the date hereof which are not prohibited by this Credit Agreement, the Borrower and its Subsidiaries own all of the material assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business or as permitted hereunder since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.ordinary

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens. 7.4.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rollins Truck Leasing Corp)

Title to Properties; Leases. Except as indicated on Schedule 7.3 8.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in on the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no Liens or other rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Wichita Manufacturing Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 6.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens. ss.

Appears in 1 contract

Samples: Revolving Credit and Deferred Payment Sales Agreement (Andersen Group Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 10.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that datedate and/or which have been disclosed to the Agent), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Debtor in Possession Revolving Credit and Term Loan Agreement (Hvide Marine Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, as of the Closing Date the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances Liens except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kronos Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 hereto, the Borrower and its Consolidated Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ionics Inc)

Title to Properties; Leases. Except as indicated on Schedule 7.3 6.3 hereto, the Borrower and its Subsidiaries own owns all of the assets relating to the Property reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, security interests, title retention agreements, liens or other encumbrances except Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Triton Systems Inc / Fa)

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