Common use of Assets and Properties Clause in Contracts

Assets and Properties. Each Borrower and Guarantor has good and marketable title to all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially all of the assets and Property owned by, leased to, or used by any Borrower and/or Guarantor is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER"), is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any Borrower or any Guarantor in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Aviation Sales Co), Credit Agreement (Timco Aviation Services Inc)

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Assets and Properties. Each Borrower The Borrowers and Guarantor has each of their Subsidiaries have good and marketable title to all of the assets and Property (tangible and intangible) owned by it them, respectively, (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially all of the assets and Property owned by, leased to, or used by any Borrower the Borrowers and/or Guarantor each such Subsidiary is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER")excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Transaction Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any either Borrower or any Guarantor Subsidiary of either Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)

Assets and Properties. Each The Borrower and each Guarantor has good and marketable title to all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, except Liens securing the Obligations and Liens permitted under Section SECTION 10.03. Substantially all of the assets and Property owned by, leased to, or used by any the Borrower and/or Guarantor the Guarantors is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER"), is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any the Borrower or any Guarantor in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Aviation Sales Co)

Assets and Properties. Each The Borrower and Guarantor each Subsidiary of the Borrower has good and marketable title to all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially Substan-tially all of the assets and Property owned by, leased to, or used by any the Borrower and/or Guarantor each Subsidiary of the Borrower in their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER")excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operationsopera-tions, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan DocumentDocu-ment, nor any transaction contemplated contem-plated under any such agreement, will affect any right, title or interest of any the Borrower or any Guarantor Subsidiary of the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Corp)

Assets and Properties. Each The Borrower and Guarantor each of the Material Subsidiaries has good and marketable title to substantially all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, Liens except Liens securing the Obligations and Liens permitted under Section 10.039.03. Substantially all of the assets and Property owned by, by or leased to, or to and used by any the Borrower and/or Guarantor each such Material Subsidiary which is material to the operation of their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER")excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any the Borrower or any Guarantor Material Subsidiary of the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dyncorp)

Assets and Properties. Each RHI, the Borrower and Guarantor each Subsidiary of the Borrower has good and marketable title to all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially all of the assets and Property owned by, leased to, or used by any RHI, the Borrower and/or Guarantor each Subsidiary of the Borrower in their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER")excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any RHI, the Borrower or any Guarantor Subsidiary of the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Rhi Holdings Inc)

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Assets and Properties. Each Borrower and Guarantor has good and marketable title to all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, except Liens securing the Obligations and Liens permitted under Section SECTION 10.03. Substantially all of the assets and Property owned by, leased to, or used by any Borrower and/or Guarantor is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER"), is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any Borrower or any Guarantor in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Aviation Sales Co)

Assets and Properties. Each Borrower and Guarantor each Subsidiary of the Borrowers has good and marketable title to all of the assets and Property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens, Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially Substan- tially all of the assets and Property owned by, leased to, or used by any Borrower and/or Guarantor each Subsidiary of the Borrowers in their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER")excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any Borrower or any Guarantor Subsidiary of the Borrowers in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Corp)

Assets and Properties. Each The Borrower and Guarantor each of the Material Subsidiaries has good and marketable title to substantially all of the assets and Property property (tangible and intangible) owned by it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property property are free and clear of all Liens, Liens except Liens securing the Obligations and Liens permitted under Section 10.039.03. Substantially all of the assets and Property property owned by, by or leased to, or to and used by any the Borrower and/or Guarantor each such Material Subsidiary which is material to the operation of their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted (other than Inventory classified as "AR", "R", and "BER")excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of any the Borrower or any Guarantor Material Subsidiary of the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dyncorp)

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