Ownership of the Personal Property. Such Seller has good and valid title to the Personal Property, which in each case shall be free and clear of all Liens as of the Closing Date, other than Liens that would not materially impair the current use or value of such Personal Property for its intended purpose. Such Seller has not pledged, assigned, hypothecated or transferred any of its right, title or interest in any of the Personal Property.
Ownership of the Personal Property. All of the Personal Property is, and shall during the term of the Loan continue to be, owned by the Borrower, and is not the subject matter of any lease, control agreement or other instrument, agreement or transaction whereby any ownership, security or beneficial interest in the Personal Property is held by any person or entity other than the Borrower, subject only to (1) the Lender’s security interest, (2) the rights of tenants occupying the Property pursuant to Leases approved by the Lender, and (3) the Permitted Encumbrances.
Ownership of the Personal Property. Seller has good and valid title to its Personal Property, which in each case shall be free and clear of all liens as of the Closing Date, except with respect to the Xxxxxxxx Property, any liens thereon securing the Xxxxxxxx Loan, which liens shall remain on the Xxxxxxxx Property after the Closing of the purchase and sale of the Xxxxxxxx Property. Seller has not pledged, assigned, hypothecated or transferred any of its right, title or interest in any of the Personal Property, other than in connection with existing financing transactions secured by the Assets which will be extinguished at Closing.
Ownership of the Personal Property. All of the Personal Property is, and shall during the term of the Loan continue to be, owned by the Borrower, and is not the subject matter of any lease, control agreement or other instrument, agreement or transaction whereby any ownership, security or beneficial interest in the Personal Property is held by any person or entity other than the Borrower, subject only to (1) the Lender’s security interest, (2) the rights of tenants occupying the Property pursuant to Leases approved by the Lender, and (3) the Permitted Encumbrances. All Equipment directly related to the major electrical, HVAC and mechanical systems is owned by the Borrower free and clear of equipment leases or security interests of lenders other than the Lender.
Ownership of the Personal Property. All of the Personal Property is owned by the Borrower, and except for the Collateral Use Agreement executed among Borrower, Lender and Wxxxx Fargo Foothill, LLC, in its capacity as agent for the Revolving Credit Lenders referenced therein, is not the subject matter of any lease, control agreement or other instrument, agreement or transaction whereby any ownership, security or beneficial interest in the Personal Property is held by any person or entity other than the Borrower, subject only to (1) the Lender’s security interest, (2) the rights of tenants occupying the Property pursuant to Leases approved by the Lender, which shall include the Leases identified in the rent roll attached to the Closing Certificate executed as one of the Loan Documents, and (3) the Permitted Encumbrances.
Ownership of the Personal Property. To Seller’s Knowledge, Seller has good and valid title to the Personal Property (other than the Excluded Personal Property) and the same is (or will be at Closing) free and clear of all Liens, charges and encumbrances, other than the rights of any vendors or suppliers under Contracts and any Permitted Exceptions.
Ownership of the Personal Property. All of the Personal Property is owned by the Mortgagor and is not the subject matter of any lease, control agreement or other instrument, agreement or transaction whereby any ownership, security or beneficial interest in the Personal Property is held by any person or entity other than the Mortgagor, subject only to (1) the Lender’s security interest, (2) the Permitted Encumbrances, and (3) the Elgin Purchase Contract.
Ownership of the Personal Property. To the best of Seller’s knowledge, Seller is the owner of all Personal Property. Seller has not assigned, transferred, pledged or encumbered any of the Personal Property, other than to a lender as collateral for a loan to be released on or before the Closing and, to the best of Seller’s knowledge, Seller has not received any written notice of adverse claims regarding Seller’s ownership of any of the Personal Property.
Ownership of the Personal Property. To Seller’s Knowledge, Seller has good and valid title to the Personal Property and the same, subject to Section 5.1(f), is (or will be at Closing) free and clear of all liens, charges and encumbrances, other than any Permitted Exceptions. 010396-1155-11787-13934730
Ownership of the Personal Property. The applicable Company has good and valid title to the Personal Property, which in each case shall be free and clear of all Liens as of the Closing Date, except for possible security interests in connection with the Third Party Loans and any liens from Taxes not yet due and payable. Neither Company has pledged, assigned, hypothecated or transferred any of its right, title or interest in any of the Personal Property other than in connection with the Third Party Loans.
