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

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its properties and assets, except (i) 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 or (ii) where such failure would not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02(a).

Appears in 5 contracts

Samples: Credit Agreement, Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Credit Agreement (Choice Hotels International Inc /De)

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Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, or a right to use, all its properties and assetsassets (including all Mortgaged Property), except (i) 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 and except where the failure to have such title or (ii) where such failure would other interest could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 5 contracts

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

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and each of the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and material 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 purposes or (ii) and Liens permitted by Section 6.2 and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.2.

Appears in 5 contracts

Samples: Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.), Credit Agreement (Daramic, LLC)

Title to Properties; Possession Under Leases. (a) Each of the The Borrower and the Restricted Subsidiaries each Subsidiary has good and marketable insurable fee simple title to, or valid leasehold interests in, or easements or other limited property interests in, all its real properties (including all Mortgaged Properties) and has good and marketable title to its personal property and assets, in each case, except (i) 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 or (ii) and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 5 contracts

Samples: Credit Agreement (Nuance Communications, Inc.), Control Agreement (Secure Computing Corp), Credit Agreement (Nuance Communications, Inc.)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the Restricted each of their Subsidiaries 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 (i) 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 or (ii) and except where the failure to have such failure would not otherwise, individually or title in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 4 contracts

Samples: Credit Agreement (Graham Packaging Co), Credit Agreement (Graham Packaging Holdings Co), Credit Agreement (Graham Packaging Holdings Co)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the its Restricted Subsidiaries has good and marketable insurable fee simple title to the Mortgaged Properties, and good and insurable fee simple title to, or valid leasehold easements or other limited property interests in, all its other real properties and has good and valid title to its personal property and assets, in each case, free and clear of Liens except (i) for minor defects in title that do not impair the value thereof in any material respect or interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes and Liens expressly permitted by Section 6.02 or (ii) arising by operation of law and except where the failure to have such failure would title or interest or existence of such Lien could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02(a).

Appears in 4 contracts

Samples: Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the Restricted Subsidiaries has good and marketable indefeasible title in fee simple to, or valid leasehold interests in, all its material properties and assets, except assets (including all Mortgaged Property). Other than (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 purposes or and (ii) except where the failure to have such failure would title or other property interests described above could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All , all such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 4 contracts

Samples: First Lien Credit Agreement (Hawkeye Holdings, Inc.), Intercreditor Agreement (Hawkeye Holdings, Inc.), Second Lien Credit Agreement (Hawkeye Holdings, Inc.)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted its Subsidiaries has good and marketable valid record fee simple title to, or valid leasehold interests in, or easements or other limited property interests in, all its properties and assetsassets (including all Mortgaged Properties), except (i) 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 or (ii) and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02 or arising by operation of law.

Appears in 4 contracts

Samples: Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Communications, Inc.), Second Lien Credit Agreement (Skyterra Communications Inc)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its tangible properties and assetsassets (including all Mortgaged Property), except (i) 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 and except where the failure to have such title or (ii) where such failure would interest could not otherwisereasonably be expected to result in, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material tangible properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 3 contracts

Samples: Credit Agreement (AAC Holdings, Inc.), Credit Agreement (AAC Holdings, Inc.), Credit Agreement (AAC Holdings, Inc.)

Title to Properties; Possession Under Leases. (a) Each of the Borrower Holdings and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for (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 purposes or and (ii) where the failure to have such failure would not otherwise, individually or title in the aggregate, aggregate could not reasonably be expected to have result in a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02(a)6.02.

Appears in 3 contracts

Samples: Revolving Credit Agreement (HMH Holdings (Delaware), Inc.), Credit Agreement (HMH Holdings (Delaware), Inc.), Intellectual Property Security Agreement (HMH Holdings (Delaware), Inc.)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, or easements or other property interests in, all its properties and assetsassets (including all Mortgaged Properties), except (i) 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 or (ii) and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02 or arising by operation of law.

Appears in 3 contracts

Samples: Credit Agreement (Universal City Travel Partners), Credit Agreement (Universal City Travel Partners), Credit Agreement (Universal City Development Partners LTD)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted its Subsidiaries has good and marketable valid record fee simple title to, or valid leasehold interests in, or easements or other limited property interests in, all its properties and assetsassets (including all Mortgaged Properties), except (i) 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 or (ii) and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Permitted Liens permitted or Liens arising by Section 6.02(a)operation of law.

Appears in 3 contracts

Samples: Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Network Systems, LLC), Credit Agreement (Hughes Communications, Inc.)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the other Restricted Subsidiaries has good and marketable valid title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except (i) 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 or (ii) purposes, and except where the failure to have such failure would title could not otherwisereasonably be expected, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02(a)Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (AssetMark Financial Holdings, Inc.), Credit Agreement (AssetMark Financial Holdings, Inc.)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, or valid licensed rights in, as the case may be, all its material properties and assetsassets (including all Mortgaged Property), except (i) 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 or (ii) where such failure would as could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Itc Deltacom Inc), Second Lien Credit Agreement (Itc Deltacom Inc)

Title to Properties; Possession Under Leases. (a) Each Except as set forth on Schedule 3.07(a), each of Holdings, the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except (i) for minor defects in title and, with respect to each Mortgaged Property, encumbrances permitted by Section 6.02, in each case 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 or (ii) where such failure would not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectpurposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 2 contracts

Samples: Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc)

Title to Properties; Possession Under Leases. (a) Each The Borrower and each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and material 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 purposes or (ii) and Liens permitted by Section 8.02 and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)8.02.

Appears in 2 contracts

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

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted Subsidiaries has good and marketable valid title to, or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except (i) for minor defects in title and other matters 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 or and, with respect to each Mortgaged Property, encumbrances permitted under Section 6.02 (iiincluding those matters shown on Schedule B of the title commitment described in paragraph (l) where such failure would not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectof Article IV). All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (LTV Corp)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted its Subsidiaries has good and marketable title to, or valid leasehold interests in, all its properties and assets, except (i) 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 or (ii) where such failure would not otherwisenot, individually or in the aggregate, be reasonably be expected likely to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)7.02.

Appears in 1 contract

Samples: Credit Facility Agreement (Scripps E W Co /De)

Title to Properties; Possession Under Leases. (a) Each Except as set forth on Schedule 3.07(a), each of Holdings, the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its 57 material properties and assetsassets (including all Mortgaged Property), except (i) for minor defects in title and, with respect to each Mortgaged Property, encumbrances permitted by Section 6.02, in each case 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 or (ii) where such failure would not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectpurposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Amis Holdings Inc)

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Title to Properties; Possession Under Leases. Intellectual ---------------------------------------------------------- Property. (a) Each of the Borrower Borrower, the Subsidiaries and the Restricted Subsidiaries Parent has good -------- and marketable title to, or valid leasehold interests in, all its material properties and assetsassets (including all Intellectual Property of the Borrower and the Subsidiaries), except (i) 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 or (ii) where and do not materially detract from the value of such failure would not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectproperties and assets. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Firearms Training Systems Inc)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, or a right to use, all its properties and assetsassets (including all Material Real Property), except (i) 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 and except where the failure to have such title or (ii) where such failure would other interest could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

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

Appears in 1 contract

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

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the Restricted each of their Subsidiaries has good and marketable insurable 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 (i) 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 or (ii) and except where the failure to have such failure would not otherwise, individually or title in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.08.

Appears in 1 contract

Samples: Credit Agreement (Graham Packaging Holdings Co)

Title to Properties; Possession Under Leases. (a) i. Each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its properties and assets, except (i) 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 or (ii) where such failure would not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens permitted by Section 6.02(a).

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, or a right to use, all its properties and assetsassets (including all Mortgaged Property), except (i) 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 and except where the failure to have such title or (ii) where such failure would other interest could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

Title to Properties; Possession Under Leases. (a) Each Except as set forth in Schedule 3.07, each of the Borrower and the its Restricted Subsidiaries has good and marketable title toto (including in connection therewith, valid easements), or valid leasehold interests in, all its material properties and assetsassets (including all Mortgaged Property), except for (i) 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 or purposes, and (ii) where such failure would as otherwise could not otherwise, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Viskase Companies Inc)

Title to Properties; Possession Under Leases. (af) Each of the The Borrower and the Restricted Subsidiaries each Subsidiary has good and marketable insurable fee simple title to, or valid leasehold interests in, or easements or other limited property interests in, all its real properties (including all Mortgaged Properties) and has good and marketable title to its personal property and assets, in each case, except (i) 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 or (ii) and except where the failure to have such failure would title could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Nuance Communications, Inc.)

Title to Properties; Possession Under Leases. (a) Each of the Borrower Borrowers and the Restricted its Subsidiaries 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 interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes or (ii) where such failure would not otherwisenot, individually or in the aggregate, materially interfere with the conduct of the business of the Borrowers and their Subsidiaries taken as a whole or the use of the properties and assets of the Borrowers and their Subsidiaries taken as a whole for their intended purposes, except where failure to have title or leasehold interests would not reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Blackstone Group L.P.)

Title to Properties; Possession Under Leases. (a) Each of the Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, or valid licensed rights in, as the case may be, all its material properties and assetsassets (including all Mortgaged Property), except (i) 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 or (ii) where such failure would as could not otherwisereasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Itc Deltacom Inc)

Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and the Restricted each of their Subsidiaries has good and marketable insurable 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 (i) 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 or (ii) and except where the failure to have such failure would not otherwise, individually or title in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02(a)6.02.

Appears in 1 contract

Samples: Credit Agreement (Graham Packaging Holdings Co)

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