Title to Properties; Liens; Real Property; Intellectual Property. A. Title to Properties; Liens. Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), (iii) valid license rights in (in the case of license rights in Intellectual Property) or (iv) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7, and except for such irregularities or deficiencies in title which individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect or materially diminish the value of any material portion of the Collateral. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.
Appears in 6 contracts
Samples: Credit Agreement (Globe Specialty Metals Inc), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
Title to Properties; Liens; Real Property; Intellectual Property. A. Title to Properties; Liens. Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) valid license rights in (in the case of license rights in Intellectual Property) or (iv) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 7.3 or in the most recent financial statements delivered pursuant to subsection 6.18.1, in each case except (A) for assets disposed of since the date of such financial statements in the ordinary course of business or business, (B) as otherwise permitted under subsection 7.79.7, and except for or (C) where failure to have such irregularities or deficiencies in title which could not reasonably be expected, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect or materially diminish the value of any material portion of the CollateralEffect. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.
Appears in 3 contracts
Samples: Credit Agreement (NACG Holdings Inc.), Credit Agreement (Griffiths Pile Driving Inc), Credit Agreement (Nacg Finance LLC)
Title to Properties; Liens; Real Property; Intellectual Property. A. Title to Properties; Liens. Holdings, Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) valid license rights in (in the case of license rights in Intellectual Property) or (iv) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except (A) for assets disposed of since the date of such financial statements in the ordinary course of business or business, (B) as otherwise permitted under subsection 7.7, and except for or (C) where failure to have such irregularities or deficiencies in title which could not reasonably be expected, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect or materially diminish the value of any material portion of the CollateralEffect. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.
Appears in 1 contract
Samples: Superpriority Debtor in Possession Credit Agreement (Propex Inc.)