Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreement.
Appears in 3 contracts
Samples: Credit and Security Agreement (Comstock Holding Companies, Inc.), Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)5.4, and none of the properties and assets owned by the Borrower Borrower, and none of its leasehold interests is interests, are subject to any Lienlien, except such as may be permitted pursuant to Section 6.01 of this Agreementthe Permitted Liens.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Xeta Technologies Inc), Credit and Term Loan Agreement (Orchids Paper Products CO /DE), Credit and Term Loan Agreement (Kinark Corp)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in pledged as Collateral to the financial statements referred to in Section 4.04 Bank (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of by this Agreement.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)7.4, and none of the properties and assets owned by the Borrower Borrower, and none of its leasehold interests is interests, are subject to any Lienlien, except such as may be permitted pursuant to Section 6.01 of this Agreementthe Permitted Liens.
Appears in 2 contracts
Samples: Agented Credit Agreement (Orchids Paper Products CO /DE), Agented Credit Agreement (Orchids Paper Products CO /DE)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in and the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is are subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Hittite Microwave Corp), Credit Agreement (Hittite Microwave Corp)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 5.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 7.01 of this Agreement.
Appears in 2 contracts
Samples: Credit, Security and Pledge Agreement (Allied Capital Lending Corp), Line of Credit, Security and Pledge Agreement (Allied Capital Lending Corp)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including including, without limitation, the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)Collateral, and none of the such properties and assets owned by the Borrower and none of its leasehold interests is are subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this AgreementPermitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Jore Corp), Credit Agreement (Jore Corp)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 paragraph 5.1(d) of this Agreement (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 paragraph 7.1(a) of this Agreement.
Appears in 2 contracts
Samples: Security Agreement (Orange Productions Inc), Security Agreement (Surgical Safety Products Inc)
Ownership and Liens. The Borrower has and the Guarantors have title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)6.5, and none of the properties and assets owned by the Borrower or the Guarantors, and none of its their respective leasehold interests interests, is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (United Capital Corp /De/), Credit Agreement (United Capital Corp /De/)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its the properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 4.05 (other than any properties or assets disposed of in following the ordinary course dates of businesssuch financial statements), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
Appears in 2 contracts
Samples: Loan Agreement (Faro Technologies Inc), Loan Agreement (Faro Technologies Inc)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred previously delivered by Borrower to in Section 4.04 Bank (other than any properties or assets disposed of in the ordinary course of business), and none . All liens or security interests encumbering any property of the properties and assets owned by the Borrower and none of its leasehold interests is subject have been disclosed in writing to any Lien, except such as may be permitted pursuant to Section 6.01 of this AgreementBank.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 3.7 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lienlien, except such as may be permitted pursuant to Section 6.01 5.6 of this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Pennichuck Corp)
Ownership and Liens. The Except as shown on SCHEDULE 4.21 attached hereto and made part hereof, Borrower has title to, or has a valid leasehold interests interest in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), Borrower and none of the properties and assets owned by the Borrower and none of its leasehold interests is are subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreement.
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Ownership and Liens. The Borrower and each of its Subsidiaries has title to, or valid leasehold interests in, all of its their properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 6.05 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is are subject to any Lien, except such as may be permitted pursuant to Section 6.01 of under this Agreement.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred Financial Statements delivered to in Section 4.04 Lender (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lienlien, except for such as may be permitted pursuant lien granted to Section 6.01 of this AgreementLender.
Appears in 1 contract
Samples: Construction Loan Agreement (Axys Pharmaceuticals Inc)
Ownership and Liens. The Borrower has title to, or valid leasehold ------------------- interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)5.4, and none of of, the properties and assets owned by the Borrower Borrower, and none of its leasehold interests is interests, are subject to any Lienlien, except such as may be permitted pursuant to Section 6.01 of this Agreementthe Permitted Liens.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (National Environmental Service Co)
Ownership and Liens. The Each of the Borrower has and its Subsidiaries have title to, or valid leasehold interests in, all of its respective properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)6.5, and none of the properties and assets owned by the Borrower or its Subsidiaries, and none of its their respective leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
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Ownership and Liens. The Borrower has Borrowers each have title to, or valid leasehold interests in, all of its their respective properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the Borrowers’ financial statements referred to in “Financial Statements” (Section 4.04 4.05) (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower Borrowers and none of its the leasehold interests is of the Borrowers are subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 and all properties and assets ------------ pledged as Collateral to the Bank (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its their respective leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this AgreementPermitted Liens.
Appears in 1 contract
Samples: Credit Agreement (Spacehab Inc \Wa\)
Ownership and Liens. The Borrower and its Subsidiaries and each of the Guarantors has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)6.5, and none of the properties and assets owned by the Borrower and each of the Guarantors, and none of its their leasehold interests is subject to any Lien, except such for Permitted Liens or as may be permitted pursuant to Section 6.01 of this Agreementdisclosed in Schedule 6.6.
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Ownership and Liens. The Borrower has Borrowers each have title to, or valid leasehold interests in, all of its their respective properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the Borrowers’ financial statements referred to in Section 4.04 4.05 hereof (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower Borrowers and none of its the leasehold interests is of the Borrowers are subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 4.05 (other than any properties or assets disposed of in the ordinary course of business)) and in all of the Acquired Assets, and none of the properties and assets owned by the Borrower and none of its leasehold interests interests, is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementhereunder.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests interest in, all of its properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 5.05 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except as disclosed in such financial statements or as may be permitted pursuant to Section 6.01 of this Agreementhereunder.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its their leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this the Agreement.
Appears in 1 contract
Ownership and Liens. The Borrower has title to, or valid leasehold ------------------- interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)5.4, and none of the properties and assets owned by the Borrower Borrower, and none of its leasehold interests is interests, are subject to any Lienlien, except such as may be permitted pursuant to Section 6.01 of this Agreementthe Permitted Liens.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred previously delivered by Borrower to in Section 4.04 Bank (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 10.4 of this Agreement.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Hall Kinion & Associates Inc)
Ownership and Liens. The Borrower has and its Subsidiaries have title to, or valid leasehold interests in, all of its their properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)7.5, and none of the properties and assets owned by the Borrower or the Guarantors, and none of its their respective leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement (Technology Flavors & Fragrances Inc)
Ownership and Liens. The Each Borrower has title to, or valid leasehold interests in, all of its material properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 4.4 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the any Borrower and none of its their leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 6.1 of this Agreement.
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Ownership and Liens. The Borrower and each of its Subsidiaries has title to, or valid leasehold interests in, all of its material properties and assets, real and personal, including the properties and assets assets, and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)6.05, and none of the properties and assets owned by property in which the Borrower or its Subsidiaries, or any of them, has any right, title or interest and none of its their leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementdisclosed in Schedule 6.10 or Permitted Liens.
Appears in 1 contract
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 5.05 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower it and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of under this Agreement.
Appears in 1 contract
Samples: Mortgage Warehousing Loan and Security Agreement (American Home Mortgage Holdings Inc)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in "Financial Statements" (Section 4.04 4.05) (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its the leasehold interests of Borrower is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cpi Aerostructures Inc)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Hertz Technology Group Inc)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lienlien, except such lien as may be permitted pursuant to Section 6.01 of this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Chevy Chase Preferred Capital Corp)
Ownership and Liens. The Borrower has Borrowers have title to, or valid ------------------- leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business)5.4, and none of the properties and assets owned by the Borrower Borrowers, and none of its leasehold interests is interests, are subject to any Lienlien, except such as may be permitted pursuant to Section 6.01 of this Agreementthe Permitted Liens.
Appears in 1 contract
Samples: Credit Loan Agreement (Aaon Inc)
Ownership and Liens. The Borrower has valid title to, or valid leasehold interests interest in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests interest reflected in the financial statements referred to in Section 4.04 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Loan Agreement.
Appears in 1 contract
Ownership and Liens. The Such Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 5.05 (Financial Statements) (other than any properties or assets disposed of in the ordinary course of businessbusiness or as otherwise permitted under Section 7.05), and none of the properties and assets owned by the such Borrower and none of its the leasehold interests of such Borrower is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreementfor Permitted Liens.
Appears in 1 contract
Samples: Delayed Draw Term Loan Agreement (Insurance Acquisition Corp.)
Ownership and Liens. The Borrower has title to, or valid leasehold interests in, all of its properties and assets, real and personalProperties, including the properties and assets and leasehold interests Properties reflected in the financial statements referred to in Section 4.04 Financial Statements (other than any properties or assets Properties disposed of in the ordinary course of business), and none of the properties and assets Properties owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 of this Agreement.
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Ownership and Liens. The Borrower has title to, or valid leasehold interests in, the Collateral and all of its other properties and assets, real and personal, including the properties and assets and leasehold interests reflected in the financial statements referred to in Section 4.04 4.4 (other than any properties or assets disposed of in the ordinary course of business), and none of the properties and assets owned by the Borrower and none of its leasehold interests is subject to any Lien, except such as may be permitted pursuant to Section 6.01 6.1 of this Agreement.
Appears in 1 contract