Acquisition of Purchased Assets. (a) The Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms by the respective parties thereto in all respects, including the fulfillment (not merely the waiver, except as may be disclosed to Lender and consented to in writing by Lender) of all conditions precedent set forth therein and giving effect to the terms of the Purchase Agreements and the assignments to be executed and delivered by Sellers (or any of their respective affiliates or subsidiaries) thereunder, Borrowers acquired and have good and marketable title to the Purchased Assets, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder.
Acquisition of Purchased Assets. (a) The Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms by the respective parties thereto in all respects, including the fulfillment (not merely the waiver, except as may be disclosed to Agent and consented to in writing by Agent) of all conditions precedent set forth therein and giving effect to the terms of the Purchase Agreements and the assignments to be executed and delivered by Seller (or any of its affiliates or subsidiaries) thereunder, Borrowers acquired and have good and marketable title to the Purchased Assets, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder.
Acquisition of Purchased Assets. (a) The Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed by BlueLinx (or its Affiliates or Subsidiaries) and, to its knowledge, the Seller, in accordance with their terms in all material respects, including the fulfillment (not merely the waiver, except as may be disclosed to Agents) of all conditions precedent set forth therein and giving effect to the terms of the Purchase Agreements and the assignments to be executed and delivered by Seller (or any of its Affiliates or Subsidiaries) thereunder, BlueLinx acquired and has good and marketable title to the Purchased Assets, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder.
Acquisition of Purchased Assets. (a) Prior to or as of the date hereof, the Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms by the respective parties thereto in all respects, including the fulfillment (not merely the waiver, except as may be disclosed to Lender and consented to in writing by Lender) of all conditions precedent set forth therein and giving effect to the terms of the Purchase Agreements and the assignments to be executed and delivered by Seller (or any of its affiliates or subsidiaries) thereunder, Borrower has acquired and has good and marketable title to the Purchased Assets and the Purchased Assets comprising the Collateral are free and clear of all claims, liens, pledges and encumbrances of any kind, except as provided in the Confirmation Plan or permitted hereunder.
Acquisition of Purchased Assets. BY BUYER ----------------------------------------
Acquisition of Purchased Assets. (a) The Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms by the respective parties thereto in all respects, including the fulfillment (not merely the waiver, except as may be disclosed to Lender and consented to in writing by Lender) of all conditions precedent set forth therein and giving effect to the terms of the Purchase Agreements and the assignments to be executed and delivered by Seller (or any of its affiliates or subsidiaries) thereunder, and, except as set forth on Schedule 8.8 hereto, Borrower acquired and has good and marketable title to the Purchased Assets, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder.
Acquisition of Purchased Assets. 35 8.11 Capitalization . . . . . . . . . . . . . . . . . . . . . 36 8.12 Accuracy and Completeness of Information . . . . . . . . 37 8.13 Survival of Warranties; Cumulative . . . . . . . . . . . 37
Acquisition of Purchased Assets. (a) The Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms by the respective parties thereto in all respects, including the fulfillment (not merely the waiver, except as may be disclosed to Lender and consented to in writing by Lender) of all conditions precedent set forth therein and giving effect to the terms of the Purchase Agreements and the assignments to be executed and delivered by Seller (or any of its affiliates or subsidiaries) thereunder, Borrower acquired and has good and marketable title to the Purchased Assets, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder. Borrower acknowledges that the Purchased Assets are being purchased subject to the security interest in them granted to Lender by the Seller. The outstanding balance of the Obligations of the Seller to Lender are being assumed by Borrower and shall be included in the opening balance of the Loans made pursuant hereto and shall be subject to all of the terms and provisions hereof.
Acquisition of Purchased Assets. (a) The Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms. As of the date hereof, Borrower acquired and has good and marketable title to the Purchased Assets, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder or as set forth in any schedule hereto.
Acquisition of Purchased Assets. (i) The POCI Purchase Agreements and the transactions contemplated thereunder have been duly executed, delivered and performed in accordance with their terms by the respective parties thereto in all respects, including the fulfillment (not merely the waiver, except as may be disclosed to Lender and consented to in writing by Lender) of all conditions precedent set forth therein and giving effect to the terms of the POCI Purchase Agreements and the assignments to be executed and delivered by POCI (or any of its affiliates or subsidiaries) thereunder, Borrower acquired and has good and marketable title to the assets purchased pursuant to the POCI Purchase Agreements, free and clear of all claims, liens, pledges and encumbrances of any kind, except as permitted hereunder.
