Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and each of the Subsidiaries 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 or to utilize such assets for their intended purposes and Liens permitted by Section 6.2 and except where the failure to have such title 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 6.2. (b) Each of Holdings, the Borrower and each of the Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such leases, except where the failure to so enjoy could not reasonably be expected to have a Material Adverse Effect.
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 Holdings, the Borrower and each of the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and material 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 and Liens permitted by Section 6.2 and except where the failure to have such title could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effectpurposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.26.02.
(b) Each of Holdings, the Borrower and each of the Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effecteffect except, in each case, for such noncompliance or such failures to be in full force and effect that could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where the failure to so enjoy could not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Amendment Agreement (Buffets Holdings, Inc.), Credit Agreement (Buffets 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 and Liens permitted by Section 6.2 and except or (ii) where the such failure to have such title could would not reasonably be expected to haveotherwise, 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 6.26.02(a).
(b) Each of Holdings, the Borrower and each of the Restricted Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect, except to the extent any failure to do so would not reasonably be expected to have a Material Adverse Effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where to the extent any failure to do so enjoy could would not reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Secured Credit Agreement (Choice Hotels International Inc /De)
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 and Liens permitted by Section 6.2 and except or (ii) where the such failure to have such title could would not reasonably be expected to haveotherwise, 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 6.26.02.
(b) Each of Holdings, the Borrower and each of the Restricted Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect, except to the extent any failure to do so would not reasonably be expected to have a Material Adverse Effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where to the extent any failure to do so enjoy could would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)
Title to Properties; Possession Under Leases. (a) Each of Holdings, the Borrower and each of the Subsidiaries 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 assets for their intended purposes and Liens permitted by Section 6.2 and except where the failure to have such title could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effectpurposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.26.02.
(b) Each of Holdings, the Borrower and each of the Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect, except where any such noncompliance, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where the failure to so enjoy could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Ameripath Indiana LLC), Credit Agreement (Diagnostic Pathology Management Services 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 and Liens permitted by Section 6.2 and except or (ii) where the such failure to have such title could would not reasonably be expected to haveotherwise, 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 6.26.02(a).
(ba) Each of Holdings, the Borrower and each of the Restricted Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect, except to the extent any failure to do so would not reasonably be expected to have a Material Adverse Effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where to the extent any failure to do so enjoy could would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Senior Unsecured Revolving Credit Agreement, Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)
Title to Properties; Possession Under Leases. (a) Each of Except as set forth on Schedule 3.07, Holdings, the Borrower and each of the Subsidiaries has good and marketable title to, or valid leasehold interests in, all its material properties and material assetsassets (including the Collateral), 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 and Liens permitted by Section 6.2 and except where the failure to have such title could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effectpurposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.26.02.
(b) Each Except as set forth in Schedule 3.07, (i) each of Holdings, the Borrower and each of the Subsidiaries Subsidiary has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect. Each effect and (ii) each of Holdings, the Borrower and each of the Subsidiaries Subsidiary enjoys peaceful and undisturbed possession under all such leasesmaterial leases to which it is a party, except where (in each case) to the failure extent failures to do so enjoy could not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
Title to Properties; Possession Under Leases. (a) Each of Holdings, -------------------------------------------- the Borrower and each of the Subsidiaries 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 assets for their intended purposes and Liens permitted by Section 6.2 and except or where the such failure to have such title could would not reasonably be expected to haveotherwise, 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 6.26.02.
(b) Each of Holdings, the Borrower and each of the Subsidiaries has complied with all material obligations due and payable or required to be performed under all material leases to which it is a party and all such material leases are in full force and effect, except to the extent any failure to do so would not reasonably be expected to have a Material Adverse Effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where to the extent any failure to do so enjoy could would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Facilities Agreement (Choice Hotels International Inc /De)
Title to Properties; Possession Under Leases. (a) Each Other than as a result of the Bankruptcy Cases, each of Holdings, the Borrower and each of the Subsidiaries has good and marketable title to, or valid leasehold interests inin or a license or other right to use, all its material properties and material 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 and Liens permitted by Section 6.2 and except where the failure to have such title could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effectpurposes. All such material properties and assets are free and clear of Liens, other than Liens expressly permitted by Section 6.26.02.
(b) Each of Holdings, the Borrower and each of the Subsidiaries has complied with all material post-petition obligations due and payable or required to be performed under all material leases to which it is a party and and, except as provided in any order of the Bankruptcy Court, all such material leases are in full force and effect. Each of Holdings, the Borrower and each of the Subsidiaries enjoys peaceful and undisturbed possession under all such material leases, except where the failure to so enjoy could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Tronox Inc)