Common use of Title to Property; Leases; Liens; Subordination Clause in Contracts

Title to Property; Leases; Liens; Subordination. Each Borrower has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a Borrower in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.14. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 2 contracts

Samples: Credit Agreement (Dolan Media CO), Credit Agreement (Dolan Media CO)

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Title to Property; Leases; Liens; Subordination. Each of the Borrower and its Restricted Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting subsisting, and enforceable leasehold interest in, its other material properties, including all real properties, properties and other properties and assets, assets referred to as owned by a the Borrower or any of its Restricted Subsidiaries in the most recent financial statement referred to in Section 4.5 or 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.12. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Universal Electronics Inc)

Title to Property; Leases; Liens; Subordination. Each The Borrower has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a Borrower in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Loan Agreement (American Crystal Sugar Co /Mn/)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business)except as allowed under Section 6.2. None of such properties is subject to a Lien, except as allowed under Section 6.14. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Marten Transport LTD)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its material real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.12. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (County Bancorp, Inc.)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a Borrower it in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.12. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (West Bancorporation Inc)

Title to Property; Leases; Liens; Subordination. Each The Borrower has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.12. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Electromed, Inc.)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Material Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such the properties of the Borrower is subject to a Lien, except as allowed under Section 6.146.9. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Loan Agreement (Piper Jaffray Companies Inc)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its material real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.14. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person6.12.

Appears in 1 contract

Samples: Credit Agreement (Park National Corp /Oh/)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.11. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (RTW Inc /Mn/)

Title to Property; Leases; Liens; Subordination. Each Borrower has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a Borrower in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.14UU. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Dolan Media CO)

Title to Property; Leases; Liens; Subordination. Each The Borrower has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Electromed, Inc.)

Title to Property; Leases; Liens; Subordination. Each The Borrower has (a) good and marketable title to its real properties owned by it and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Damark International Inc)

Title to Property; Leases; Liens; Subordination. Each Borrower and each Subsidiary has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a such Borrower or such Subsidiary in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Cabelas Inc)

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Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.11. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Matrix Bancorp Inc)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.14. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person6.12.

Appears in 1 contract

Samples: Credit Agreement (Reliastar Financial Corp)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its material real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned or leased by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.12. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other personPerson.

Appears in 1 contract

Samples: Credit Agreement (Cadence Bancorporation)

Title to Property; Leases; Liens; Subordination. Each Borrower and each Subsidiary has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a such Borrower or such Subsidiary in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Cabelas Inc)

Title to Property; Leases; Liens; Subordination. Each The Borrower has (a) good and marketable title to its real and personal properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business), and (b) valid, subsisting and enforceable licenses or leasehold interest in its other real and personal properties used in its business. None of such properties is subject to a Lien, except as allowed under Section 6.146.11. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Lawson Software Inc)

Title to Property; Leases; Liens; Subordination. Each of the Borrower and the Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Borrower and its Subsidiaries in the most recent financial statement referred to in Section 5.1 4.5 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Pledge Agreement (Graco Inc)

Title to Property; Leases; Liens; Subordination. Each Borrower has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a Borrower in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13. No Borrower has subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Golden Oval Eggs LLC)

Title to Property; Leases; Liens; Subordination. Each The Parent, the Borrower and each of their Subsidiaries has (a) good and marketable title to its real properties and (b) good and sufficient title to, or valid, subsisting and enforceable leasehold interest in, its other material properties, including all real properties, other properties and assets, referred to as owned by a the Parent, the Borrower and such Subsidiary in the most recent financial statement referred to in Section 5.1 (other than property disposed of since the date of such financial statements in the ordinary course of business). None of such properties is subject to a Lien, except as allowed under Section 6.146.13(a). No The Borrower has not subordinated any of its rights under any obligation owing to it to the rights of any other person.

Appears in 1 contract

Samples: Credit Agreement (Lecg Corp)

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