Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 19 contracts
Samples: Series C Preferred Stock Purchase Agreement (Jamdat Mobile Inc), Series D Preferred Stock Purchase Agreement (Jamdat Mobile Inc), Series a Preferred Stock Purchase Agreement (Rhythms Net Connections Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 17 contracts
Samples: Collaboration Agreement (Symyx Technologies Inc), Series a Preferred Stock Purchase Agreement (Etoys Inc), Series B Preferred Stock and Convertible Note Purchase Agreement (Pets Com Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 17 contracts
Samples: Series a Debenture Purchase Agreement (CleanTech Biofuels, Inc.), Convertible Note Purchase Agreement (Third Wave Technologies Inc /Wi), Stock Purchase Agreement (Liberate Technologies)
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 13 contracts
Samples: Merger Agreement (Datalink Net Inc), Merger Agreement (Datalink Net Inc), Merger Agreement (Datalink Net Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 12 contracts
Samples: Series C Preferred Stock Purchase Agreement (Niku Corp), Series D Preferred Stock Purchase Agreement (Niku Corp), Preferred Stock Purchase Agreement (Netzero Inc)
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 9 contracts
Samples: Series a Preferred Stock Purchase Agreement (Avantgo Inc), Series B Preferred Stock Purchase Agreement (Avantgo Inc), Securities Purchase Agreement (Virtual Gaming Technologies Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 9 contracts
Samples: Series a and a 1 Preferred Stock Purchase Agreement, Series a Preferred Stock Purchase Agreement, Series B Preferred Stock Purchase Agreement
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Motive Communications Inc), Series D Preferred Stock Purchase Agreement (DSL Net Inc), Series a Preferred Stock and Warrant Purchase Agreement (DSL Net Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 7 contracts
Samples: Series C Preferred Stock Purchase Agreement, Stock Purchase Agreement (Motive Inc), Stock Purchase Agreement (Motive Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 5 contracts
Samples: Recapitalization Agreement (Fastclick Inc), Series C Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Series C Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets, and has good and marketable title to such property. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 5 contracts
Samples: Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in material compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 4 contracts
Samples: Series E Non Voting Preferred Stock and Warrant Purchase Agreement (Technology Crossover Management Iv LLC), Series C Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC), Series D Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Xcyte Therapies Inc), Series F Preferred Stock and Warrant Purchase Agreement (Xcyte Therapies Inc), Convertible Note and Warrant Purchase Agreement (Xcyte Therapies Inc)
Title to Property and Assets. The Company owns its property and tangible assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or tangible assets. With respect to the property and tangible assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (MPM Bio Ventures Iii Lp), Common Stock and Warrant Purchase Agreement (Frazier Healthcare Ii Lp), Common Stock and Warrant Purchase Agreement (Alta Partners)
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with all material terms of such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (Planetrx Com), Series D Preferred Stock Purchase Agreement (Planetrx Com), Series C Preferred Stock Purchase Agreement (Planetrx Com)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liensloans, loans liens and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Berg & Berg Enterprises Inc), Stock Purchase Agreement (Mission West Properties/New/), Stock Purchase Agreement (Mission West Properties/New/)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Series a Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (Bakbone Software Inc), Stock Purchase Agreement (Winsonic Digital Media Group LTD)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances. The Company is in compliance with all material terms of each material lease to which it is a party or otherwise bound.
Appears in 3 contracts
Samples: Series C Preferred Stock and Warrant Purchase Agreement (Mobility Electronics Inc), Series C Preferred Stock Purchase Agreement (Mobility Electronics Inc), Series C Preferred Stock and Warrant Purchase Agreement (Mobility Electronics Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not individually or in the aggregate materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Collaborative Research Agreement (Abgenix Inc), Collaborative Research Agreement (Abgenix Inc), Collaborative Research Agreement (Abgenix Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets, and has good and marketable title to such property. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 3 contracts
Samples: Series C Preferred Stock and Warrant Purchase Agreement (Ritter Pharmaceuticals Inc), Subscription Agreement (Accretive Health, Inc.), Convertible Note Purchase Agreement (Teknik Digital Arts Inc.)
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not not, in any case, individually or in the aggregate, materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Development and Marketing Agreement (Enact Health Management Systems), Development and Marketing Agreement (Enact Health Management Systems Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in material compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Merger Agreement (Semotus Solutions Inc), Merger Agreement (Semotus Solutions Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens liens, which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Egroups Inc), Series B Preferred Stock Purchase Agreement (Egroups Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, ,loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (Abbott Laboratories), Series E Preferred Stock Purchase Agreement (Ribogene Inc / Ca/)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, knowledge holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Cathel Partners LTD), Stock Purchase Agreement (Construction Technology Industries Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans loans, claims and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Development and License Agreement (Speechworks International Inc), Development and License Agreement (Speechworks International Inc)
Title to Property and Assets. The Company owns and its subsidiaries own its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business or which are necessary to secure loans and do not materially impair the Company's ownership or use of such property or assetsborrowing by its subsidiaries. With respect to the property and assets it leases, the Company is and its subsidiaries are in compliance with such leases and, to the best of its knowledge, holds hold a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (General Finance CORP), Series a Preferred Stock Purchase Agreement (General Finance CORP)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's Company`s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)
Title to Property and Assets. The Company owns its property ---------------------------- and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Inventa Technologies Inc), Series a Preferred Stock Purchase Agreement (Inventa Technologies Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances. To its knowledge, there exists no material breach of any such lease.
Appears in 2 contracts
Samples: Investment Agreement (Wildblue Communications Inc), Stock Purchase Agreement (Neoprobe Corp)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business or except where such encumbrances and do liens are not materially impair the Company's ownership or use of such property or assetsreasonably likely to have a Material Adverse Effect. With respect to the property and assets it leases, the Company is in compliance in all material respects with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Protein Polymer Technologies Inc), Securities Purchase Agreement (Protein Polymer Technologies Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assetsassets and has good and marketable title to such property. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Collaboration Agreement (Theravance Inc), Collaboration Agreement (Theravance Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases leases, and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Cove Hill Consulting Inc), Warrant Purchase Agreement (Cove Hill Consulting Inc)
Title to Property and Assets. The Company owns its ---------------------------- property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series C Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances. The Subsidiaries do not own or lease any property.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, deeds of trust, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series C Preferred Securities Purchase Agreement (Constellation Alpha Capital Corp.)
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best knowledge of its knowledgethe Company and the Stockholders, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise arose in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Rhythms Net Connections Inc)
Title to Property and Assets. The Company owns its property and tangible assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or tangible assets. With respect to the property and tangible assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Rigel Pharmaceuticals Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Premier Research Worldwide LTD)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and or assets that it leases, the Company is in compliance with such leases andleases, and to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series G Preferred Stock Purchase Agreement (General Electric Co)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrancesleases.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims claims, or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course Ordinary Course of business Business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with all material terms of such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liensloans, loans and encumbranceshas no liens and encumbrances on such property and assets, except such encumbrances and liens which (i) secure the Senior Debt, or (ii) arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Curon Medical Inc)
Title to Property and Assets. The Company owns its property properties and assets of the Company are owned by the Company free and clear of all mortgages, deeds of trust liens, loans and encumbrancescharges, except such encumbrances and security interests except for statutory liens which for the payment of current taxes that are not yet delinquent and liens, encumbrances and security interests that arise in the ordinary course of business and do not materially impair affect material properties and assets of the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrancesin all material respects.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not business, none of which, individually or in the aggregate, materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc)
Title to Property and Assets. The Company owns its property ---------------------------- and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (DSL Net Inc)
Title to Property and Assets. The Company owns its property ---------------------------- and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series a Preferred Stock and Warrant Purchase Agreement (Stamps Com Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its the Company's knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Adknowledge Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assetsassets with a book value of $10,000 or more. With respect to the property and assets it leases, the Company is in material compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its ---------------------------- property and assets free and clear of all mortgages, liens, loans loans, pledges, security interests, claims, equitable interests, charges, and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims claims, or encumbrances.
Appears in 1 contract
Title to Property and Assets. The properties and assets the Company owns its property and assets are owned by the Company free and clear of all mortgages, deeds of trust, liens, loans and encumbrances, except such encumbrances and security interests except for statutory liens for the payment of current taxes that are not yet delinquent and liens, encumbrances and security interests which arise in the ordinary course of business and which do not materially impair affect material properties and assets of the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in material compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrancesleases.
Appears in 1 contract
Title to Property and Assets. The Company owns its material property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance in all material respects with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in material compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Clearcommerce Corp)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its Company's knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its ---------------------------- property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with all material terms of such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Planetrx Com)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrancesencumbrances created by the Company.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Signalsoft Corp)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance in all material respects with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any material liens, claims or encumbrances.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Arbinet Holdings Inc)
Title to Property and Assets. The Company owns or its subsidiaries own their respective property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise reflected in the ordinary course Financial reports or otherwise of business and record which do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ’s ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances. The Subsidiaries do not own or lease any property.
Appears in 1 contract
Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets, except as disclosed in the Reports of the Company. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: 12% Convertible Redeemable Preferred Stock Purchase Agreement (Malone Arthur L Jr)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or and encumbrances.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Vesta Insurance Group Inc)
Title to Property and Assets. The Except as expressly disclosed in the 10-K, the Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Cambridge Soundworks Inc)
Title to Property and Assets. The Company owns its ---------------------------- property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business or except where such encumbrances and do liens are not materially impair the Company's ownership or use of such property or assetsreasonably likely to have a Material Adverse Effect. With respect to the property and assets it leases, the Company is in compliance in all material respects with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Securities Purchase Agreement (Protein Polymer Technologies Inc)
Title to Property and Assets. The Company owns or leases its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrancestherein.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cohesion Technologies Inc)
Title to Property and Assets. The Each of the Company and each of its subsidiaries owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's its ownership or use of such property or assets. With respect to the property and assets it leases, each of the Company and each of its subsidiaries is in compliance with such leases and, to the best of its knowledge, and holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Usdata Corp)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in material compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims claims, or encumbrances.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, pledges, security interests, liens, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases and, to the best of its knowledge, holds a valid leasehold interest in such property and assets free of any liens, security interests, claims or encumbrances.
Appears in 1 contract
Samples: Series E Preferred Stock Agreement (Simplex Solutions Inc)
Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not materially impair the Company's ownership or use of such property or assets. With respect to the property and assets it leasesleases (through its parent in the case of property), the Company is in compliance with such leases in all material respects and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims or encumbrances.
Appears in 1 contract
