Common use of Title to Properties; Possession Under Leases Clause in Contracts

Title to Properties; Possession Under Leases. (a) Such Borrower and each of its Subsidiaries have good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 20 contracts

Samples: Revolving Credit Agreement (Howmet Aerospace Inc.), Credit Agreement (Howmet Aerospace Inc.), Revolving Credit Agreement (Howmet Aerospace Inc.)

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Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 17 contracts

Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.), Credit Agreement (Alion Science & Technology Corp)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests or licenses in, all its material properties and assetsassets (including without limitation, real property and intellectual property interests), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02.

Appears in 7 contracts

Samples: Credit Agreement (Robbins & Myers Inc), Credit Agreement (Robbins & Myers Inc), Credit Agreement (Robbins & Myers Inc)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 7 contracts

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (CCC Information Services Group Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of Parent, the Borrowers and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including the Mortgaged Properties), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 6 contracts

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

Title to Properties; Possession Under Leases. (a) Such Borrower Each of such Borrowers and each of its Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 6 contracts

Samples: Credit Facility Agreement (Weyerhaeuser Co), Credit Facility Agreement (Weyerhaeuser Co), Revolving Credit Facility Agreement (Weyerhaeuser Co)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Borrowers and each of its their respective Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business in substantially the same manner as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02.

Appears in 6 contracts

Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have (other than the Excluded Subsidiaries) has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 6 contracts

Samples: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 5 contracts

Samples: Credit Agreement (Bats Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere in any material respect with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 5 contracts

Samples: First Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC), First Lien Guarantee and Collateral Agreement (STR Holdings LLC), First Lien Credit Agreement (STR Holdings LLC)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Borrowers and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens prohibited by Section 6.01.

Appears in 5 contracts

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

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Loan Parties and each of its their respective Subsidiaries have has good and marketable title to, or valid leasehold interests in, substantially all its material properties and assets, except for minor defects in title that do not materially interfere in any material respects with its ability to conduct its business as currently conducted or except as would not reasonably be expected to utilize have a Material Adverse Effect. All such properties and assets for their intended purposesare free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 5 contracts

Samples: Warrant Purchase Agreement (Blackline, Inc.), Credit Agreement (Blackline, Inc.), Credit Agreement (Blackline, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Restricted Subsidiaries have has good and marketable title to, to or valid leasehold interests in, in all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 5 contracts

Samples: Credit Agreement (Rotech Healthcare Inc), Possession Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere in any material respect with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 5 contracts

Samples: Second Lien Credit Agreement (STR Holdings (New) LLC), Second Lien Credit Agreement (STR Holdings LLC), Second Lien Credit Agreement (STR Holdings LLC)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has, in all material respects, good and marketable title to, or valid leasehold interests in, or easements, licenses or other limited property interests in, all its material properties and assets, except that are necessary for minor defects in title that do not materially interfere with its ability to conduct its business the operation of their respective businesses as currently conducted or and as proposed to utilize such properties be conducted, free and assets for their intended purposesclear of all Liens (other than Liens permitted by Section 6.02).

Appears in 4 contracts

Samples: Credit Agreement (School Specialty Inc), Credit Agreement (Electronic Cigarettes International Group, Ltd.), Credit Agreement (School Specialty Inc)

Title to Properties; Possession Under Leases. (a) Such Each of Parent, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, or a right to use, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 4 contracts

Samples: Credit Agreement (Community Health Systems Inc), Credit Agreement (Community Health Systems Inc), Credit Agreement (Community Health Systems Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02 hereof.

Appears in 4 contracts

Samples: Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Jw Childs Equity Partners L P), Credit Agreement (Ascent Entertainment Group Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower The Company and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.01.

Appears in 4 contracts

Samples: Credit Agreement (Cummins Inc), Credit Agreement (Cummins Inc), Security Agreement (Cummins Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower and each Each of its Subsidiaries have the Loan Parties has good and marketable title to, or valid leasehold interests in, or easements or other limited property interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 4 contracts

Samples: Credit Agreement (Centerplate, Inc.), Credit Agreement (Centerplate, Inc.), Credit Agreement (Service America of Texas Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Community Choice Financial Inc.), Blocked Account Control Agreement (Community Choice Financial Inc.), Revolving Credit Agreement (Reliant Software, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have has good and marketable legal title to, or valid leasehold interests in, or valid licensed rights in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 4 contracts

Samples: Credit Agreement (Wellcare Health Plans, Inc.), Credit Agreement (Wellcare Health Plans, Inc.), Credit Agreement (Wellcare Health Plans, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability would not, in the aggregate, be reasonably likely to conduct its business as currently conducted or to utilize such have a Material Adverse Effect. All material properties and assets for their intended purposesare free and clear of Liens, other than Liens permitted by Section 7.02.

Appears in 4 contracts

Samples: Senior Unsecured Term Loan Agreement (Scripps Networks Interactive, Inc.), First Amendment (Scripps Networks Interactive, Inc.), Year Competitive Advance And (Scripps Networks Interactive, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including any Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 4 contracts

Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Buffets Inc), Credit Agreement (Buffets Holdings, Inc.)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of Parent and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement and Waiver (Wellcare Health Plans, Inc.), Credit Agreement (Wellcare Group Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have good and marketable has valid title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Flowserve Corp), Loan Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize assets (including all Mortgaged Property). All such material properties and assets for their intended purposesare free and clear of Liens, other than Liens expressly permitted by Section 6.02, and no material portion of any Mortgaged Property is subject to any lease, license, sublease or other agreement granting to any person any right to use, occupy or enjoy such portion.

Appears in 3 contracts

Samples: Credit Agreement (Schein Pharmaceutical Inc), General Liability (Schein Pharmaceutical Inc), Credit Agreement (Danbury Pharmacal Puerto Rico Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its material properties and assetsreal properties, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 3 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Weyerhaeuser Co), Credit Agreement (Weyerhaeuser Co)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties Real Property free and assetsclear of all Liens, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposesother than Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Sola International Inc), Landlord Access Agreement (Sola International Inc), Credit Agreement (Sola International Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Subsidiaries have good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 3 contracts

Samples: Term Loan Agreement (Howmet Aerospace Inc.), Term Loan Agreement (Howmet Aerospace Inc.), Assignment and Assumption (Alcoa Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable indefeasible title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 3 contracts

Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Restricted Subsidiaries have has good and marketable defensible title to, or valid leasehold interests in, or easements, licenses or other limited property interests in, all its real and personal property that is material properties and assetsto its business (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such properties and assets are free and clear of all Liens (other than Permitted Liens).

Appears in 3 contracts

Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens not prohibited by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Inc /Co/)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Ameripath Indiana LLC), Credit Agreement (Diagnostic Pathology Management Services Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize . All such material properties and assets for their intended purposesare free and clear of Liens, other than Liens expressly permitted by Section 6.2 granting to any Person any right to use, occupy or enjoy such portion.

Appears in 2 contracts

Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.2.

Appears in 2 contracts

Samples: Credit Agreement (Colorado Medtech Inc), Credit Agreement (Celestial Seasonings Inc)

Title to Properties; Possession Under Leases. (aA) Such To the best of the Borrower’s knowledge, each of the Borrower and each of its the Principal Subsidiaries have has good and marketable title to, or valid leasehold interests in, or other rights to use or occupy, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Subsection 3.1.

Appears in 2 contracts

Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Citizens Communications Co)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable indefeasible title in fee simple to, or valid leasehold interests in, all its material properties and assetsassets (including, except for without limitation, all of its intellectual property and licenses). Other than minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes, all such material properties and assets are free and clear of Liens.

Appears in 2 contracts

Samples: Senior Subordinated Loan Agreement (Geokinetics Inc), Senior Subordinated Loan Agreement (Avista Capital Partners, L.P.)

Title to Properties; Possession Under Leases. (a) Such Other than as a result of the Bankruptcy Case, the Borrower and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. Subject to the Order, all such material properties and assets. are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Collateral Agent Agreement (Sco Group Inc), Collateral Agent Agreement (Sco Group Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.2.

Appears in 2 contracts

Samples: Credit Agreement (On Command Corp), Credit Agreement (On Command Corp)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have good and marketable has fee title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Tranche C Credit Agreement (Terex Corp), Tranche C Credit Agreement (Terex Corp)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid valid, subsisting and enforceable leasehold interests in, all its material leased properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.03.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Metris Companies Inc), Pledge Agreement (Metris Companies Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Loan Parties and each of its Subsidiaries have Restricted Subsidiary has good record and marketable title in fee simple to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Neff Corp), Second Lien Credit Agreement (Neff Corp)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business in substantially the same manner as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.)

Title to Properties; Possession Under Leases. (a) Such Borrower and each of its Subsidiaries have good and marketable Each Obligor has valid title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 2 contracts

Samples: Letter of Credit Facility Agreement (Flowserve Corp), Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Parent and each of its Subsidiaries have has good and marketable legal title to, or valid leasehold interests in, or valid licensed rights in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Wellcare Health Plans, Inc.), Credit Agreement (Wellcare Health Plans, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have good and marketable has valid title to, or valid leasehold interests in, all of its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 2 contracts

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

Title to Properties; Possession Under Leases. (a) Such Borrower Each of GrafTech, the Borrowers and each of its the other Subsidiaries have has good and marketable title to, or valid leasehold interests in, or easements or other limited property interests in, all its respective material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and material assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and material assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Transdigm Inc), Credit Agreement (Marathon Power Technologies Co)

Title to Properties; Possession Under Leases. (a) Such Borrower a The Company and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.01.

Appears in 2 contracts

Samples: Credit Agreement (Cummins Engine Co Inc), Conformed Copy (Cummins Engine Co Inc)

Title to Properties; Possession Under Leases. (a) Such Each of Allied, the Borrower and each of its the Subsidiaries have has good and marketable indefeasible title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 2 contracts

Samples: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except (i) for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposespurposes and (ii) as set forth on Schedule 3.07. All material properties and assets of the Borrower and the Subsidiaries are free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Ryder TRS Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Company and each of its the Subsidiaries have good and marketable has valid title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have has good and marketable title in fee simple to, or valid leasehold interests in, all its material properties and assetsassets (including, except for without limitation, all of its intellectual property and licenses) necessary or used in the ordinary course of business. Other than minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes, all such material properties and assets are free and clear of Liens (other than as permitted under Section 6.02).

Appears in 1 contract

Samples: Bridge Loan Agreement (Allis Chalmers Energy Inc.)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its material properties and assetsreal properties, except for minor defects in title or leasehold interests that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 1 contract

Samples: Term Loan Agreement (Weyerhaeuser Co)

Title to Properties; Possession Under Leases. (a) Such Borrower and each of its Subsidiaries have Each Group Member has good and marketable title to, or valid leasehold interests in, all its Real Property in all material properties respects and assetsgood title to, or other valid interests in, all other property material to its business in all material respects, free and clear of all Liens, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposesPermitted Liens.

Appears in 1 contract

Samples: Credit Agreement (TravelCenters of America Inc. /MD/)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and material assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and material assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by the TransDigm Credit Agreement.

Appears in 1 contract

Samples: Loan Agreement (TransDigm Group INC)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Restricted Subsidiaries have good and marketable title to, to or valid leasehold interests in, interest in all its material properties and assets, except that are necessary for minor defects in title that do not materially interfere with its ability to conduct its business the operation of their respective businesses as currently conducted or and as proposed to utilize be conducted, free and clear of all Liens (other than any Liens permitted by this Agreement) and except where the failure to have such properties and assets for their intended purposesgood title could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Affinion Group Holdings, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid valid, subsisting and enforceable leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.01.

Appears in 1 contract

Samples: Agreement (Metris Companies Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Subsidiaries have good and marketable title to, or valid leasehold interests in, all its their material properties and assets, except for minor defects where the failure to have such title or leasehold interests, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. All such title that do not materially interfere with its ability to conduct its business as currently conducted to, or to utilize such leasehold interest in, material properties and assets for their intended purposesare free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Kroger Co)

Title to Properties; Possession Under Leases. (a) Such Borrower Each Restricted Group Member and each of its Subsidiaries have good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 1 contract

Samples: Term Credit Agreement (Alcoa Inc)

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Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have the Significant Subsidi aries has good and marketable title to, or valid valid, subsisting and enforceable leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.01.

Appears in 1 contract

Samples: Fingerhut Companies Inc

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, or easements or other limited property interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Volume Services America Holdings Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Subsidiaries have has good and marketable indefeasible title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Properties), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of such Borrowers and each of its Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its material properties and assetsreal properties, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Weyerhaeuser Co)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere in any material respect with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Sun Healthcare Group Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Borrower, Inland and each of its Subsidiaries have their respective subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, 60 60 other than Liens expressly permitted by Section 6.01.

Appears in 1 contract

Samples: Credit Agreement (Ispat Inland Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Company and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Borrowing Subsidiary Agreement (Manor Care Inc/New)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. As of the Closing Date, all of Borrower’s material properties and assets securing the Loans hereunder are free and clear of Liens, other than Liens expressly permitted by Section 6.2.

Appears in 1 contract

Samples: Credit Agreement (Birner Dental Management Services Inc)

Title to Properties; Possession Under Leases. (a) Such Each Borrower and each of its the Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its properties and assets (including all Mortgaged Properties), except where the failure to have such title or other interest would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. All such material properties and assetsassets are free and clear of Liens, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposesother than Liens permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Kate Spade & Co)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Borrowers and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, or easements or other limited property interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Bar Technologies Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable insurable title to, or valid leasehold interests in, all its material properties and assets(including all Mortgaged Property), except for (i) Permitted Liens and (ii) minor defects in title that (A) do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposespurposes or (B) could not reasonably be expected to result in a Material Adverse Effect. All such properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (GT Solar International, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects as could not reasonably be expected to result in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.a Material Adverse

Appears in 1 contract

Samples: Credit Agreement (World Point Terminals, LP)

Title to Properties; Possession Under Leases. (a) Such Borrower It and each of its Subsidiaries have good and marketable title to, to or valid leasehold interests in, interest in all its material properties and assets, except that are necessary for minor defects in title that do not materially interfere with its ability to conduct its business the operation of their respective businesses as currently conducted or and as proposed to utilize be conducted, free and clear of all Liens (other than any Liens permitted by this Agreement) and except where the failure to have such properties good and assets for their intended purposesmarketable title could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Coface Covered Export Credit Agreement (Hughes Network Systems, LLC)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title 54 48 that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Title to Properties; Possession Under Leases. (a) Such Each of Parent, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects except, in each case, where the failure to have such good and valid title that do or such valid leasehold interests could not materially interfere with its ability reasonably be expected to conduct its business as currently conducted or to utilize have a Material Adverse Effect. All such material properties and assets for their intended purposesare free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property (if any)), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Seven Oaks Acquisition Corp.)

Title to Properties; Possession Under Leases. (a) Such Each of Holdings, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Restricted Subsidiaries have good and marketable has fee title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Amendment Agreement (Terex Corp)

Title to Properties; Possession Under Leases. (a) Such Borrower The Company and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its material properties and assetsassets free and clear of Liens, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposesother than Permitted Liens permitted by Section 7.2.

Appears in 1 contract

Samples: Investment Agreement (Blue Rhino Corp)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its Subsidiaries have the Significant Subsidi aries has good and marketable title to, or valid valid, subsisting and enforceable leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Revolving Credit and Letter of Credit Facility Agreement (Fingerhut Companies Inc)

Title to Properties; Possession Under Leases. (a) Such Each of Holding, the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Hudson Respiratory Care Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Century Maintenance Supply Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid valid, subsisting and enforceable leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.03.

Appears in 1 contract

Samples: Pledge Agreement (Metris Companies Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, or a license or other right to use, all its material properties and assetsmaterial assets that are included in the Collateral, except for free and clear of all Liens or other exceptions to title other than Permitted Liens and minor defects in title that that, in the aggregate, are not substantial in amount and do not materially detract from the value of the property subject thereto or interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Company and each of its the Subsidiaries have good and marketable has valid title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02. 52

Appears in 1 contract

Samples: Credit Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Guarantor and each of its Subsidiaries have good and marketable the Other Applicants has valid title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

Appears in 1 contract

Samples: Letter of Credit Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Company and each of its Subsidiaries have the other Loan Parties has good and marketable title to, or valid leasehold interests in, all its material properties and assetsmaterial assets that are included in the Collateral (including all Mortgaged Property) and including valid rights, except for minor defects title and interests in title that do not materially interfere or rights to control or occupy easements or rights of way used in connection with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes("Easements"), free and clear of all Liens or other exceptions to title other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy Inc)

Title to Properties; Possession Under Leases. (a) Such To the best of the Borrower's knowledge, each of the Borrower and each of its the Principal Subsidiaries have has good and marketable title to, or valid leasehold interests in, or other rights to use or occupy, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 7.04.

Appears in 1 contract

Samples: Loan Agreement (Citizens Communications Co)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Parent and each of its the Subsidiaries have has good and marketable indefeasible title in fee simple to, or valid leasehold interests in, all its material properties and assetsassets (including, except for without limitation, all of its intellectual property and licenses). Other than minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes, all such material properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Geokinetics Inc)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Domestic Subsidiaries have and Material Foreign Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (King Pharmaceuticals Inc)

Title to Properties; Possession Under Leases. (a1) Such Borrower Each of Holdings, Borrowers and each of its Subsidiaries have the Subsidiary Loan Parties has good and marketable valid fee simple title to, or valid leasehold interests in, or easements or licenses or other limited property interests in, all of its material properties Real Properties and valid title to its personal property and assets, in each case, except for minor Permitted Liens or defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Venator Materials PLC)

Title to Properties; Possession Under Leases. (a) Such a)Each of the Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Ener1 Inc)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Company and each of its Subsidiaries have the other Loan Parties has good and marketable title to, or valid leasehold interests in, all its material properties and assetsmaterial assets that are included in the Collateral (including all Mortgaged Property) and including valid rights, except for minor defects title and interests in title that do not materially interfere or rights to control or occupy easements or rights of way used in connection with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes(“Easements”), free and clear of all Liens or other exceptions to title other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its Restricted Subsidiaries have good and marketable title to, to or valid leasehold interests in, interest in all its material properties and assets, except that are necessary for minor defects in title that do not materially interfere with its ability to conduct its business the operation of their respective businesses as currently conducted or and as proposed to utilize be conducted, free and clear of all Liens (other than any Liens permitted by this Agreement) and except where the failure to have such properties and assets for their intended purposesgood title could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hughes Network Systems, LLC)

Title to Properties; Possession Under Leases. (a) Such The Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. As of the Closing Date, all of Borrower's material properties and assets securing the Loans hereunder are free and clear of Liens, other than Liens expressly permitted by Section 6.2.

Appears in 1 contract

Samples: Credit Agreement (Birner Dental Management Services Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Parent Borrower and each of its the Subsidiaries have has good and marketable title to, or valid leasehold interests in, or easements or other limited property interests in, all its material properties and assetsassets (including all Mortgaged Properties), except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Imperial Home Decor Group Holdings I LTD)

Title to Properties; Possession Under Leases. (a) Such Borrower The Company and each of its Subsidiaries have has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets free and clear of Liens, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposesother than Permitted Liens permitted by Section 7.2.

Appears in 1 contract

Samples: Investment Agreement (Sunsource Inc)

Title to Properties; Possession Under Leases. (a) Such Each of the Borrower and each of its the Restricted Subsidiaries have has good and marketable title to, or valid leasehold interests in, all of its properties and assets (including all Mortgaged Properties), except where the failure to have such title or other interest would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. All such material properties and assetsassets are free and clear of Liens, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposesother than Liens permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Kate Spade & Co)

Title to Properties; Possession Under Leases. (a) Such Borrower Each of the Company and each of its the Subsidiaries have good and marketable has fee title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes. All such material properties and assets are or will be free and clear of Liens, other than Liens expressly permitted by Section 6.2.

Appears in 1 contract

Samples: Credit Agreement (Conexant Systems Inc)

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