Title to Properties; Prior Liens. Borrower has good and marketable title to all of the Collateral and to all unsold Units and Intervals at each Resort, and all rights, properties and benefits appurtenant to or benefiting them. Borrower is not in default under any of the documents evidencing or securing any indebtedness which is secured, wholly or in part, by any portion of any Resort or any portion or all the Collateral and no event has occurred which with the giving of notice, the passage of time or both, would constitute a default under any of the documents evidencing or securing any such indebtedness. Other than the Liens granted in favor of Agent, the Liens granted to secure the Additional Credit Facility, and the liens described in Schedule 6.5 attached hereto, there are no liens or encumbrances against the Collateral, or against any Resort.
Title to Properties; Prior Liens. Borrower has good and marketable title to each of the Eligible Unsold Timeshare Intervals. Borrower is not in default under any of the documents evidencing or securing any indebtedness which is secured, wholly or in part, by any Resort, and no event has occurred which with the giving of notice, the passage of time or both, would constitute a default under any of the documents evidencing or securing any such indebtedness. There are no liens or encumbrances against any of the Resorts other than the Permitted Exceptions.
Title to Properties; Prior Liens. To the best of Borrower's knowledge after good faith diligent inquiry, the Applicable Underlying Borrowers have good and marketable title to all of the Applicable Underlying Loan Collateral, together with all rights, properties, and benefits appurtenant or related thereto. Other than the Liens granted in favor of Lender, there are no Liens or encumbrances against all or any portion of the Collateral or the Applicable Underlying Loan Collateral, except for the Permitted Liens and Encumbrances.
Title to Properties; Prior Liens. To the best of Borrower's knowledge after good faith diligent inquiry, each Applicable Underlying Borrower has good and marketable title to all of the Applicable Underlying Loan Collateral for each Applicable Underlying Loan made to it, including but not limited to all Mortgaged Real Property, together with all rights, properties, and benefits appurtenant or related thereto. Other than the Liens granted in favor of Lender, there are no Liens or encumbrances against all or any portion of the Collateral or the Applicable Underlying Loan Collateral, except for the Permitted Liens and Encumbrances.
Title to Properties; Prior Liens. To the best of Borrower's knowledge after good faith diligent inquiry, each Applicable Underlying Developer has good and marketable title to all of the Applicable Underlying Transaction Collateral for each Applicable Underlying Transaction in which it has engaged, together with all rights, properties, and benefits appurtenant or related thereto. Other than the Liens granted in favor of Lender, there are no Liens or encumbrances against all or any portion of the Collateral or the Applicable Underlying Transaction Collateral, except for the Permitted Liens and Encumbrances.
Title to Properties; Prior Liens. Borrower has good and marketable title to the Property. Borrower is not in default under any of the documents evidencing or securing any indebtedness which is secured, wholly or in part, by any Property, and no event has occurred which with the giving of notice, the passage of time or both, would constitute a default under any of the documents evidencing or securing any such indebtedness. There are no liens or encumbrances against any of the Property other than the Permitted Exceptions.
Title to Properties; Prior Liens. Borrower has good and marketable title to all of the Receivables Collateral. Borrower’s sole business involves the marketing, sale and financing of Timeshare Interests at each of the Resorts and Club. Other than the Liens granted in favor of Lender, there are no Liens or encumbrances against all or any portion of the Receivables Collateral.
Title to Properties; Prior Liens. Subject only to Permitted Liens, SPV currently has, good and marketable title to all of the Collateral and all rights, properties and benefits appurtenant or related thereto. SPV's sole business involves the purchase of Receivables from Developer and the Receivables and other Collateral are the sole asset of SPV. SPV has no indebtedness or liabilities other than those arising under the Loan Documents. No financing statement or other instrument similar in effect covering all or any part of the Collateral is on file in any recording office, except such as may have been filed in favor of TFC or its assignees.
Title to Properties; Prior Liens. Borrower or the Club (with respect to the Club Inventory) has good and marketable title to all of the Inventory Collateral. Borrower’s sole business involves the marketing, sale and financing of Timeshare Interests at each of the Resorts and Club. Other than the Liens granted in favor of Lender, there are no Liens or encumbrances against all or any portion of the Inventory Collateral.
Title to Properties; Prior Liens. Borrower has good and marketable title (or holds a first beneficial interest in trust use rights as to all Collateral pursuant to the Trust Agreements) to all of the Collateral and to all Unsold Intervals, Encumbered Intervals and all rights, properties and benefits appurtenant or related thereto. Borrower's sole business involves the operation of the Resorts and the marketing, sale and financing of Intervals at the Resorts, and the Resorts are the sole real estate asset of Borrower. Borrower is not in default under any of the documents evidencing or securing any indebtedness which is secured, wholly or in part, by all or any portion of the Collateral, and no event has occurred which with the giving of notice, the passage of time or both, would constitute a default under any of the documents evidencing or securing any such indebtedness. Other than the Liens granted in favor of Lender and the Permitted FINOVA Liens, there are no Liens or encumbrances against all or any portion of the Collateral, except for the Permitted Liens and Encumbrances.
