Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 268 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement, Standby Equity Distribution Agreement (Omagine, Inc.)
Title. Except as set forth in the SEC DocumentsDocuments or except as would not cause a Material Adverse Effect, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 19 contracts
Samples: Equity Distribution Agreement (The9 LTD), Equity Distribution Agreement (Ideanomics, Inc.), Equity Distribution Agreement (The9 LTD)
Title. Except as set forth in the SEC DocumentsDisclosure Schedule, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 13 contracts
Samples: Equity Distribution Agreement (TXP Corp), Equity Distribution Agreement (iPOINT USA CORP), Equity Distribution Agreement (Corporate Strategies Inc)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest interest, other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 11 contracts
Samples: Equity Facility Agreement, Securities Purchase Agreement (Artec Global Media, Inc.), Committed Equity Facility Agreement (Sunpeaks Ventures, Inc.)
Title. Except as set forth in the SEC Documents, the Company ----- has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Roanoke Technology Corp), Equity Distribution Agreement (China World Trade Corp), Exhibit 99 (Falcon Natural Gas Corp)
Title. Except as set forth in the SEC Documents, the ----- Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 4 contracts
Samples: Exhibit 99 (Donobi Inc), Equity Distribution Agreement (Intrepid Technology & Resource Inc), Equity Distribution Agreement (Zann Corp)
Title. Except as set forth in the SEC Documents and the HoMedics Transaction Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Kronos Advanced Technologies Inc), Equity Distribution Agreement (Kronos Advanced Technologies Inc), Equity Distribution Agreement (Kronos Advanced Technologies Inc)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any Except as set forth in the SEC Documents, any real property and facilities held under lease by the Company and or its subsidiaries subsidiary are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiariessubsidiary.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Bioheart, Inc.), Equity Distribution Agreement (Omagine, Inc.)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are is held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Nuwave Technologies Inc), Line of Credit Agreement (Nuwave Technologies Inc)
Title. Except as set forth in the SEC DocumentsDocuments , the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 2 contracts
Samples: Equity Line of Credit Agreement (Videolocity International Inc), Equity Line of Credit Agreement (Videolocity International Inc)
Title. Except as set forth in the SEC Documents, the Company has good and marketable valid title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 2 contracts
Samples: Equity Distribution Agreement (China Automotive Systems Inc), Equity Distribution Agreement (Immune Response Corp)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries subsidiary are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiariessubsidiary.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Startech Environmental Corp), Equity Distribution Agreement (Startech Environmental Corp)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries. Section 4.13.
Appears in 2 contracts
Samples: Equity Financing Agreement, Equity Distribution Agreement (Red Rock Pictures Holdings, Inc)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are is held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiariesCompany.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Rxi Pharmaceuticals Corp), Equity Distribution Agreement (Achillion Pharmaceuticals Inc)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries Subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere in any material respect with the current use made and proposed to be made of such property and buildings by the Company and its subsidiariesSubsidiaries.
Appears in 1 contract
Samples: Equity Distribution Agreement (Canargo Energy Corp)
Title. Except as set forth in the SEC Documents, the Company has ----- good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries. Section 4.13.
Appears in 1 contract
Samples: Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Title. Except as may be set forth in the SEC DocumentsDocuments to be filed, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Title. Except as set forth in the SEC Documents, the Company has good ----- and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it,, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Cardinal Communications, Inc)
Title. Except as set forth in the SEC Documents, the Company has ----- good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiariesCompany.
Appears in 1 contract
Samples: Equity Distribution Agreement (Supertel Hospitality Inc)
Title. Except as set forth in the SEC DocumentsDocuments or as would not be likely to have a Material Adverse Effect, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (Elbit Imaging LTD)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are is held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.Company. Section 4.13
Appears in 1 contract
Samples: Equity Distribution Agreement
Title. Except as set forth in the SEC DocumentsDocuments or the Disclosure Schedule, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its the properties and material assets purported to be owned by itit (including all of the properties and assets reflected in the financial statements), free and clear of any pledge, lien, security interest, encumbrance, claim or equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
Samples: Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.)
Title. Except as set forth in the SEC Documents, the Company has good and marketable title to its properties and material assets owned by it, free and clear of any pledge, lien, security interest, encumbrance, claim or EXHIBIT 10.19-9 equitable interest other than such as are not material to the business of the Company. Any real property and facilities held under lease by the Company and its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.
Appears in 1 contract
