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

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties), 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 expressly permitted by Section 6.02.

Appears in 6 contracts

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

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Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Subsidiaries has good and marketable valid title to, or valid leasehold interests in, all of its material properties and assets (including the Mortgaged Properties)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 6.02Permitted Liens.

Appears in 3 contracts

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

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Subsidiaries has 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 (including that are necessary for the Mortgaged Properties), except for minor defects in title that do not interfere with its ability to conduct its business operation of their respective businesses as currently conducted or and as proposed to utilize such properties and assets for their intended purposes. All such material properties and assets are be conducted, free and clear of Liens, all Liens (other than Liens expressly permitted by Section 6.02).

Appears in 3 contracts

Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)

Title to Properties; Possession Under Leases. (a) Each a The Company and each of Parent, the Borrowers and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 expressly permitted by Section 6.026.01.

Appears in 2 contracts

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

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Parent 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 (including the Mortgaged Properties)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 expressly permitted by Section 6.02. (b) Each of the Parent 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.

Appears in 2 contracts

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

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Parent and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the all Mortgaged PropertiesProperty), 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 expressly permitted by Section 6.02.

Appears in 2 contracts

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

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers The Borrower and the Subsidiaries each Material Subsidiary has good and marketable valid title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 purposespurposes and except for defects in title which are not, individually or in the aggregate, material to the Borrower and the Subsidiaries taken as a whole. 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: Senior Secured Term Loan Agreement (McDermott International Inc), Senior Secured Term Loan Agreement (McDermott International Inc)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Subsidiaries has good and marketable title to, or valid valid, subsisting and enforceable leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 expressly permitted by Section 6.026.03.

Appears in 1 contract

Samples: Credit Agreement (Metris Companies Inc)

Title to Properties; Possession Under Leases. (a) Each i)Each of ParentHoldings, the Borrowers Borrower and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the all Mortgaged PropertiesProperty), 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 expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Rentech Inc /Co/)

Title to Properties; Possession Under Leases. (a) Each The Borrower and each of Parent, the Borrowers Domestic Subsidiaries and the Material Foreign Subsidiaries has good and marketable title to, or valid leasehold interests in, or easements or other limited property rights in, or is licensed to use, all its material properties and assets (including the Mortgaged Properties)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 expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (King Pharmaceuticals Inc)

Title to Properties; Possession Under Leases. (a) Each of ParentHoldings, the Borrowers Company and the their Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 expressly permitted by Section 6.026.2 ("Permitted Liens").

Appears in 1 contract

Samples: Securities Exchange Agreement (Coram Healthcare Corp)

Title to Properties; Possession Under Leases. (a) Each of Parent, the such Borrowers and the its Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all of its material properties and assets (including the Mortgaged Properties)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 expressly permitted by Section 6.02.

Appears in 1 contract

Samples: 364 Day Revolving Credit Facility Agreement (Weyerhaeuser Co)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers and the Subsidiaries Obligor has good and marketable valid title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 . (b) Each Obligor has complied with all material obligations under all material leases to which it is a party and to each Obligor knowledge, all such material properties leases are in full force and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02effect.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Each of ParentHoldings, the Borrowers Borrower and the Subsidiaries has good and marketable valid fee simple title to, or valid leasehold interests in, or easements or other limited property interests in, all its material properties and assets Real Properties (including the all Mortgaged Properties)) and has valid title to its personal property and assets, in each case, except for minor Permitted Liens and except for 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 expressly permitted by Section 6.02.not

Appears in 1 contract

Samples: Amendment No. 3 and Waiver (Claires Stores Inc)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)assets, except for minor defects as could not reasonably be expected to result 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 expressly permitted by Section 6.02.a Material Adverse

Appears in 1 contract

Samples: Credit Agreement (World Point Terminals, LP)

Title to Properties; Possession Under Leases. (a) Each of ParentHoldings, the Borrowers Company and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the all Mortgaged PropertiesProperty), 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 expressly permitted by Section 6.026.02 of the Senior Credit Agreement.

Appears in 1 contract

Samples: Secured Pik Note Purchase Agreement (Neenah Foundry Co)

Title to Properties; Possession Under Leases. (a) Each of ParentHoldings, the Borrowers Borrower and the 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 assets (including the Mortgaged Properties)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 expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Volume Services America Holdings Inc)

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Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers and the Subsidiaries The Borrower has good and marketable title to, or valid leasehold interests in, or a license or other right to use, all its material properties and material assets (including that are included in the Mortgaged Properties)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. 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 (NRG Energy, Inc.)

Title to Properties; Possession Under Leases. (a) Each As of Parentthe Closing Date, each of the Borrowers Parent and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including assets, except, in each case, where the Mortgaged Properties), except for minor defects in failure to have such good and valid title that do or such valid leasehold interests could not interfere with its ability reasonably be expected to conduct its business as currently conducted or to utilize such properties and assets for their intended purposeshave 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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Gulfmark Offshore Inc)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged PropertiesProperty), 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 expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Advantica Restaurant Group Inc)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers and the Subsidiaries Obligor has good and marketable valid title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 . (b) Each Obligor has complied with all material obligations under all material leases to which it is a party and to each Obligors’ knowledge, all such material properties leases are in full force and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.02effect.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Subsidiaries has good and marketable valid title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 6.02Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Flowserve Corp)

Title to Properties; Possession Under Leases. (a) Each of ParentHoldings, the Borrowers and the Restricted Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the all Mortgaged PropertiesProperty), except for minor defects in where the failure to have such title that do or interest could not interfere with its ability reasonably be expected to conduct its business as currently conducted or to utilize such properties and assets for their intended purposeshave 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.

Appears in 1 contract

Samples: Term Loan Agreement (Wesco International Inc)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Parent and the Subsidiaries has good and marketable indefeasible title in fee simple to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Propertiesincluding, without limitation, all of its intellectual property and licenses), except for . 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 , 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 (Geokinetics Inc)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Subsidiaries has good and marketable title to, or valid leasehold interests in, or a right to use, all its material properties and assets (including the all Mortgaged PropertiesProperty), 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 purposespurposes and except where the failure to have such title or other interest could not reasonably be expected to have, individually or in the aggregate, 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.

Appears in 1 contract

Samples: Abl Credit Agreement (Community Health Systems Inc)

Title to Properties; Possession Under Leases. (a) Each of ParentHoldings, the Borrowers Borrower and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the all Mortgaged PropertiesProperty), 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 expressly permitted by Section 6.026.

Appears in 1 contract

Samples: Credit Agreement (Acl Capital Corp)

Title to Properties; Possession Under Leases. (a) Each of Parent, the Borrowers Borrower and the Subsidiaries has good and marketable title to, or valid leasehold interests in, or a right to use, all its material properties and assets (including the all Mortgaged PropertiesProperty), 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 expressly permitted by Section 6.02.

Appears in 1 contract

Samples: Credit Agreement (Community Health Systems Inc)

Title to Properties; Possession Under Leases. (a) Each The Borrower and each of Parent, the Borrowers and the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and assets (including the Mortgaged Properties)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 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 6.026.

Appears in 1 contract

Samples: Credit Agreement (Birner Dental Management Services Inc)

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