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

Title to Properties; Possession Under Leases. (a) Each of the Borrowers and the 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 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. (b) Each of the Borrowers and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the Subsidiaries 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Material Subsidiaries has complied in all material respects with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the Material Subsidiaries enjoys peaceful and undisturbed has the right to possession under all provided by such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the Restricted Subsidiaries 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 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 6.01Liens, other than Permitted Liens. (b) Each of the Borrowers Borrower and the Restricted Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the Restricted Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the its Subsidiaries 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied in all material respects with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, subject to rights reserved by lessors under such leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the Subsidiaries 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effecteffect as of the Effective Date. Each of the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leasesleases as of the Effective Date.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Overnite and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Overnite and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such material leases are in full force and effect. Each of Overnite, the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where failure to have such possession will not have a Material Adverse Effect.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, subject to rights reserved by lessors under such leases.

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.01. (b) 6.02. Each of Holdings, the Borrowers Borrower and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of Holdings, the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and that are material to the Borrowers and the Subsidiaries taken as a whole and all such leases are in full force and effect. Each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leasesleases in which a Borrower or a Subsidiary is a lessee.

Title to Properties; Possession Under Leases. (a) Each The Company and each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.01. (b) Each The Company and each of the Borrowers and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each The Company and each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (ai) Each of the Borrowers Lessee and the its 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 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 6.01and other exceptions to title, other than with respect to the Property, Permitted Liens or Permitted Exceptions and with respect to other material properties and assets, Liens or other exceptions to title that could not reasonably be anticipated to have a Material Adverse Effect. (bii) Each of the Borrowers Lessee and the its Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Lessee and the its Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the its 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 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 prohibited expressly permitted by Section 6.016.03. (b) Each of the Borrowers Borrower and the its Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the its Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each The -------------------------------------------- Borrower and each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.016.2. (b) Each The Borrower and each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effect. Each The Borrower and each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.01. 6.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied in all material respects with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases. SECTION 3.08.

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of Holdings, the Borrowers Borrower and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of Holdings, the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each The Company and each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.01. (b) Each the Company and each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effect. Each The Company and each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Company and the Subsidiaries has good and marketable fee title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not 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 prohibited expressly permitted by Section 6.016.2. (b) Each of the Borrowers Company and the Subsidiaries has complied in all material respects with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Company and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each The Borrower and each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.016.2. (b) Each The Borrower and each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effect. Each The Borrower and each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Company and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Company and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers Company and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each The Borrower and each of the Borrowers and the 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 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 prohibited expressly permitted by Section 6.016.2. (b) Each The Borrower and each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.The

Title to Properties; Possession Under Leases. (a) Each of the Borrowers Borrower and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers Borrower and the Subsidiaries has complied with all obligations under all material leases to which it is a party party, and all such leases are in full force and effect. Each of the Borrowers Borrower and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of --------------------------------------------- Parent, the Borrowers Company and the 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of Parent, the Borrowers Company and the Subsidiaries has complied with all obligations under all material leases to which it is a party and all such leases are in full force and effect. Each of Parent, the Borrowers Company and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases.

Title to Properties; Possession Under Leases. (a) Each of the Borrowers and the Subsidiaries 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 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 prohibited expressly permitted by Section 6.016.02. (b) Each of the Borrowers and the Subsidiaries has complied with all material obligations under all material leases to which it is a party and all such leases are in full force and effecteffect as of the Effective Date. Each of the Borrowers and the Subsidiaries enjoys peaceful and undisturbed possession under all such material leasesleases as of the Effective Date.