Common use of Title to Property and Assets Clause in Contracts

Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, 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, or encumbrances.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Skyepharma PLC), Securities Purchase Agreement (Vital Living Inc)

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Title to Property and Assets. The Company owns its property ---------------------------- and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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 2 contracts

Samples: Preferred Stock Purchase Agreement (Inventa Technologies Inc), Preferred Stock Purchase Agreement (Inventa Technologies Inc)

Title to Property and Assets. The Company owns has good and marketable ---------------------------- title to its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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 or the value of such property or assets. With respect to the property and assets it leases, the Company is in compliance with such leases leases, enjoys peaceful and undisturbed possession thereunder, and, to the best of its knowledge, holds a valid leasehold interest free of any liens, claims, claims or encumbrances.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Diamond Technology Partners Inc), Stock Purchase Agreement (Diamond Technology Partners Inc)

Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 2 contracts

Samples: Development and Marketing Agreement (Enact Health Management Systems Inc), Development and Marketing Agreement (Enact Health Management Systems)

Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Metawave Communications Corp)

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, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp)

Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Stock Purchase Agreement (Erols Internet Inc)

Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, 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 ’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

Samples: Stock Purchase Agreement (Omtool LTD)

Title to Property and Assets. The Company owns its property ----------------------------- and assets free and clear of all mortgages, liens, 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, or encumbrances.

Appears in 1 contract

Samples: Securities Purchase Agreement (Skyframes Inc)

Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Master Agreement (Zoll Medical Corporation)

Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, charges, claims, equitable interestsrestrictions, chargesliens, 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 assetsassets and which do not materially detract from the value of the 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, claims or encumbrances.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Qualmark Corp)

Title to Property and Assets. The Company owns has good and marketable title to its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, loans and encumbrances, except such encumbrances and liens which that arise in the ordinary course of business and do not 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, claims or encumbrances.

Appears in 1 contract

Samples: 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, 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, or encumbrances.

Appears in 1 contract

Samples: Securities Purchase Agreement (Inyx Inc)

Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances, except for liens, claims or encumbrances that do not materially impair the Company's ownership or use of such property or assets.

Appears in 1 contract

Samples: Stock Purchase Agreement (U S Wireless Data Inc)

Title to Property and Assets. The Company owns its ---------------------------- property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: 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, pledges, security interests, claims, equitable interests, charges, and encumbrances, except such encumbrances and liens which are disclosed in the Disclosure Materials or 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: Securities Purchase Agreement (Vital Living Inc)

Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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

Samples: Preferred Stock Purchase Agreement (Curon Medical Inc)

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Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Stock Purchase Agreement (Digital Dj 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, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Convertible Preferred Stock Subscription and Purchase Agreement (Alanco Environmental Resources Corp)

Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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 encumbrancesin all material respects.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Blaze Software Inc)

Title to Property and Assets. The Company owns its property and ---------------------------- assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: , 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, pledges, security interests, claims, equitable interests, charges, 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

Samples: 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, pledges, security interests, claimsliens, equitable interests, charges, 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, claimssecurity interests, claims or encumbrances.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Simplex Solutions Inc)

Title to Property and Assets. The Company owns its property and assets free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Sale 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, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: 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, pledges, security interests, claims, equitable interests, charges, 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, claims or encumbrances.

Appears in 1 contract

Samples: Stock Purchase Agreement (Planetrx Com)

Title to Property and Assets. The Company Corporation owns its property and ---------------------------- assets that it purports to own free and clear of all mortgages, liens, loans, pledges, security interests, claims, equitable interests, charges, loans and encumbrances, except such encumbrances and liens which arise in the ordinary course of business and do not materially impair the CompanyCorporation's ownership or use of such property or assets. With respect to the property and assets it leases, the Company Corporation 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

Samples: Stock Purchase Agreement (Tellium Inc)

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