Title to Properties; Priority of Liens. Each of the Borrowers and their Subsidiaries has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its business, in each case free of Liens except Permitted Liens. Each the Borrowers and their Subsidiaries has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens.
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Samples: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)
Title to Properties; Priority of Liens. Each of the Borrowers and their Subsidiaries Obligor has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted Liens, except for such defects in title or leasehold interests as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Each the Borrowers and their Subsidiaries Obligor has paid and discharged all lawful material claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted LiensLiens or that are Properly Contested or as described in Section 8.3.3. All Liens of Agent in on the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.
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Samples: Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc)
Title to Properties; Priority of Liens. Each of the Borrowers and their Subsidiaries Obligor has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted Liens, except for such defects in title or leasehold interests as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Each the Borrowers and their Subsidiaries Obligor has paid and discharged all lawful material claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted LiensLiens or that are Properly Contested or as described in Section 8.3.3. All Liens of Agent in on the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent's Liens.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc)
Title to Properties; Priority of Liens. Each of the Borrowers Parent and their Subsidiaries its subsidiaries has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted LiensLiens and minor defects in title to its Real Estate that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purpose. Each the Borrowers of Parent and their its Subsidiaries has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)
Title to Properties; Priority of Liens. Each of the Borrowers Borrower and their Subsidiaries Subsidiary has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted Liens; provided that all owned Labeling Equipment that is subject to a Lien shall be subject to the terms of Equipment Access Agreements. Each the Borrowers Borrower and their Subsidiaries Subsidiary has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.
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Title to Properties; Priority of Liens. Each of the Borrowers Borrower and their Subsidiaries Subsidiary has good and marketable title to (or valid leasehold interests inin or other rights to use) all of its material Real Estate, and good title to (or valid leasehold interests in or other rights to use) all of its personal Property, including, as of the date of such financial statements, all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted Liens. Each the Borrowers Borrower and their Subsidiaries Subsidiary has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.
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Title to Properties; Priority of Liens. Each of the Borrowers Borrower and their Subsidiaries Subsidiary has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted Liens; provided that all owned Labeling Equipment that is subject to a Lien shall be subject to the terms of Equipment Access Agreements. Each the Borrowers Borrower and their Subsidiaries Subsidiary has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent's Liens.
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Title to Properties; Priority of Liens. Each of the Borrowers Borrower and their Subsidiaries each Subsidiary has good and marketable title to (or valid leasehold interests in) all of its material Owned Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted Liens. Each the Borrowers Borrower and their Subsidiaries each Subsidiary has valid leasehold interests in all Real Estate which it leases. Borrower and each Subsidiary has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens.
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Samples: Loan and Security Agreement (Hines Horticulture Inc)
Title to Properties; Priority of Liens. Each of the Borrowers Parent and their Subsidiaries its subsidiaries has good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders except for defects in title that do not materially interfere with its ability to conduct its businessLenders, in each case free of Liens except Permitted LiensLiens and minor defects in title to its Real Estate that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purpose. Each the Borrowers of Parent and their its Subsidiaries has paid and discharged all lawful claims (other than such claims Properly Contested) that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent's Liens.
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