Common use of Marketable Title Clause in Contracts

Marketable Title. The Seller has, or will have on the Closing Date, good and marketable title to all the Purchased Assets, free and clear of all mortgages, liens (statutory or otherwise), security interests, claims, pledges, licenses, equities, options, conditional sales contracts, assessments, levies, easements, covenants, reservations, restrictions, rights-of-way, exceptions, limitations, charges or encumbrances of any nature whatsoever except for taxes not yet due and payable and the interests of the lessors under Real Property Leases (collectively, "Liens"). Except as described on Schedule 4.12(a), none of the Purchased Assets are subject to any restrictions with respect to the transferability thereof. Except as described on Schedule 4.12(a), the Seller has complete and unrestricted power and right to sell, assign, convey and deliver the Purchased Assets to Buyer as contemplated hereby. On the Closing Date, Buyer will receive good and marketable title to all the Purchased Assets, free and clear of all Liens of any nature whatsoever.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Outback Steakhouse Inc), Asset Purchase Agreement (Outback Steakhouse Inc), Asset Purchase Agreement (Outback Steakhouse Inc)

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Marketable Title. The Seller has, or will have on the Closing Date, good and marketable title to all the Purchased Assets, free and clear of all mortgages, liens (statutory or otherwise), security interests, claims, pledges, licenses, equities, options, conditional sales contracts, assessments, levies, easements, covenants, reservations, restrictions, rights-of-way, exceptions, limitations, charges or encumbrances of any nature whatsoever except other than liens for taxes not yet due and payable and the interests of the lessors under Real Property Leases Lease and Personal Property Lease (collectively, "Liens"). Except as described on Schedule 4.12(a), none None of the Purchased Assets are subject to any restrictions with respect to the transferability thereof. Except as described on Schedule 4.12(a), the The Seller has complete and unrestricted power and right to sell, assign, convey and deliver the Purchased Assets to Buyer as contemplated hereby. On the Closing Date, Buyer will receive good and marketable title to all the Purchased Assets, free and clear of all Liens of any nature whatsoever.

Appears in 1 contract

Samples: Asset Purchase Agreement (Outback Steakhouse Inc)

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