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 270 contracts
Samples: Standby Equity Distribution Agreement, Standby Equity Distribution Agreement, Reserve Equity Financing Agreement
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: Standby Equity Distribution Agreement (The9 LTD), Standby Equity Distribution Agreement (Ideanomics, Inc.), Standby Equity Distribution Agreement (The9 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 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: Committed Equity Facility Agreement, Committed Equity Facility 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: Standby Equity Distribution Agreement (Zann Corp), Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc), Standby Equity Distribution Agreement (Intrepid Technology & Resource 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: Standby Equity Distribution Agreement (Falcon Natural Gas Corp), Standby Equity Distribution Agreement (China World Trade Corp), Standby Equity Distribution Agreement (Falcon Natural Gas 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: Standby Equity Distribution Agreement (Kronos Advanced Technologies Inc), Standby Equity Distribution Agreement (Kronos Advanced Technologies Inc), Standby 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 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 3 contracts
Samples: Standby Equity Distribution Agreement, Standby Equity Distribution Agreement (Achillion Pharmaceuticals Inc), Standby Equity Distribution Agreement (Rxi Pharmaceuticals 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 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: Standby Equity Distribution Agreement (Bioheart, Inc.), Standby Equity Distribution Agreement (Omagine, 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 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: Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc), Standby Equity Distribution Agreement (Ns8 Corp)
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: Standby Equity Distribution Agreement (China Automotive Systems Inc), Standby 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 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: Equity Line of Credit Agreement (Nuwave Technologies Inc), Equity Line of Credit Agreement (Nuwave 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 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: Standby Equity Distribution Agreement (Startech Environmental Corp), Standby Equity Distribution Agreement (Startech Environmental Corp)
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 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 (Medix Resources Inc)
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: Standby 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 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: Standby Equity Distribution Agreement (Supertel Hospitality Inc)
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
Samples: Standby Equity Distribution Agreement (Enclaves Group 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: Standby Equity Distribution Agreement (Canargo Energy Corp)
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
Samples: Standby Equity Distribution Agreement (AcuNetx, 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
Samples: Equity Line of Credit Agreement (Health Express Usa 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
Samples: Equity Line of Credit Agreement (Cardinal Communications, Inc)
