Common use of Ownership of Pledged Property Clause in Contracts

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company represents and warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a “Lien”) except for the security interest created by this Agreement and other Permitted Liens. For purposes of this Agreement., “

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interests identified on Exhibit A hereto and the security interest created by this Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreementencumbrance.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.Agreement and for the Permitted Liens. For purposes hereof, “

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementProperty.

Ownership of Pledged Property. The Company warrants and represents that it is shall be, at the time the Securities and Exchange Commission deems the Company's registration statement effective, the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement and as set forth on Schedule 4.2 attached hereto.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement other than existing liens incurred in the ordinary course of business and purchase money security interest.

Ownership of Pledged Property. The Except for the security interests created in connection with the Transaction Documents and as disclosed in Schedule 4.2 attached hereto, the Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreementencumbrance.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created property and assets made by this Agreement.Trendsetter Production Company, a wholly-owned subsidiary of the Company..

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear subject to liens of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreementparties.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement. The execution, delivery and performance of this Agreement does not conflict with or cause a breach or default, or an event that with or without the passage of time or notice, shall constitute a breach or default, under any agreement to which the Company is a party or by which the Company is bound. No consent is required for the Company to enter into and perform its obligations hereunder.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created property and assets made by this Agreement.Trendsetter Production Company, a wholly-owned subsidiary of the Company

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance encumbrance, other than as previously disclosed in the Reports and already exists, except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company represents and warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a “Lien”) except for the security interest created by this Agreement and other Permitted Liens disclosed in Schedule II attached hereto. For purposes of this Agreement., “

Ownership of Pledged Property. The Company represents and warrants and represents that that, except for any prior security interests granted to the Secured Party, it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a “Lien”) except for the security interest created by this Agreement and other Permitted Liens. For purposes of this Agreement., “

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest interests created by this AgreementAgreement and those set forth on Schedule 4.2.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement and any security interest created pursuant to the Highgate Security Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreementits property and assets.

Ownership of Pledged Property. The Company warrants and represents that except as set forth on Schedule 4.2 and except for the security interest created by this Agreement, it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreementencumbrance.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.. EXHIBIT 10.4 - continued

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for (i) the security interest created by this Agreement and (ii) the security interest resulting from the Cornell Agreement and Cornell Debentures (each as defined in the Securities Purchase Agreement).

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.Agreement and for the Permitted

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement or previously granted to the Secured Party.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement and security interest disclosed in the SEC Documents.

Ownership of Pledged Property. The Company represents and warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a “Lien”) except for the security interest created by this Agreement.Agreement and

Ownership of Pledged Property. The Company represents and warrants and represents that that, it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a "Lien") except for the security interest created by this Agreement and other Permitted Liens. For purposes of this Agreement., "

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for (i) the security interest created by this AgreementAgreement and (ii) the rights and liens of lenders set forth on Schedule 4.1.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interests identified on Exhibit B hereto and the security interest created by this Agreement.

Ownership of Pledged Property. The Except as set forth in Schedule 4.2, the Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Except as set forth in the Company's SEC Documents (as defined in the Standby Equity Distribution Agreement), the Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company represents and warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a “Lien”) except for the security interest created by this Agreement., liens disclosed by the Company to the Secured Party pursuant to Schedule A attached hereto, and other Permitted Liens. For purposes of this Agreement, “

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for (i) the security interest created by this Agreement and (ii) the rights and liens of lenders as may be allowed from time to time in the “Permitted Liens” section of the Loan Agreement.

Ownership of Pledged Property. The Company warrants and represents that except as set forth on Schedule 4.2, it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company warrants Companies warrant and represents represent that it is they are the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement except for Pledged Property which already has a lien, in which case, the Secured Party will take a second position.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free Property, subject to the liens and clear of any lien, security interest, option or other charge or encumbrance except for interests created by the security interest created by this Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for (i) the security interest created by this AgreementAgreement and (ii) the rights and liens of a lender of a $500,000 line of credit.

Ownership of Pledged Property. The Except as stated in Schedule 4.2, the Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance encumbrance, except for the security interest created by this AgreementSecurity Agreement dated April 1, 2005.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementBank of America Loan.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest granted to The U.S. Small Business Administration and Jxxxx Xxxxx and the security interest created by this Agreement.

Ownership of Pledged Property. The Except for security interest granted pursuant to the Company's factoring facility, the Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement and those disclosed on Schedule 4.2 attached hereto.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this AgreementAgreement except for Pledged Property which already has a lien, in which case, the Secured Party will take a second position.

Ownership of Pledged Property. The Except for the security interests created in connection with the Transaction Documents and as disclosed in Schedule 4.2 attached hereto, the Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.encumbrance. Section 4.3

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created granted to The U.S. Small Business Administration and Jerry Horne and the security xxxxxxxx xxxated by this Agreement.

Ownership of Pledged Property. The Company warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.Agreement and a security interest on certain specific equipment granted to Agilent Financial Services, Inc.

Ownership of Pledged Property. The Company warrants and represents that that, except as set forth in Schedule 4.2 hereof, it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance except for the security interest created by this Agreement.

Ownership of Pledged Property. The Company represents and warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a "Lien") except for the security interest created by this Agreement., any prior security interest granted to the Secured Party, and other Permitted Liens. For purposes of this Agreement, "

Ownership of Pledged Property. The Except as set forth in Schedule 4.2, the Company represents and warrants and represents that it is the legal and beneficial owner of the Pledged Property free and clear of any lien, security interest, option or other charge or encumbrance (each, a “Lien”) except for the security interest created by this Agreement and other Permitted Liens. For purposes of this Agreement., “