Common use of Real Property; Title to Assets Clause in Contracts

Real Property; Title to Assets. (a) Section 5.13(a) of the Disclosure Schedule lists each parcel of real property (except Oil and Gas Interests) currently owned by the Company or any Subsidiary. Each parcel of real property (except Oil and Gas Interests) owned by the Company or any Subsidiary, except as set forth on Section 5.13(a) of the Disclosure Schedule, (i) is owned free and clear of all mortgages, pledges, liens, security interests, conditional and installment sale agreements, encumbrances, charges or other claims of third parties of any kind, including, without limitation, any easement, right of way or other encumbrance to title, or any option, right of first refusal, or right of first offer (collectively, “Liens”), other than (A) Liens for current Taxes and assessments not yet past due, (B) inchoate mechanics’ and materialmen’s Liens for construction in progress, (C) workmen’s, repairmen’s, warehousemen’s and carriers’ Liens arising in the ordinary course of business of the Company or such Subsidiary consistent with past practice, and (D) all matters of record, Liens and other imperfections of title and encumbrances that, would not, individually or in the aggregate, have a Material Adverse Effect (collectively, “Permitted Liens”), and (ii) is neither subject to any governmental decree or order to be sold nor is being condemned, expropriated or otherwise taken by any public authority with or without payment of compensation therefor, nor, to the knowledge of the Company, has any such condemnation, expropriation or taking been proposed.

Real Property; Title to Assets. (a) Section 5.13(a) Item 2 of the Disclosure Schedule Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2007 lists each parcel of all material real property (except Oil and Gas Interests) currently owned by the Company or any Subsidiary. Each parcel of real property (except Oil and Gas Interests) owned by the Company or any Subsidiary, except Subsidiaries as set forth on Section 5.13(a) of the Disclosure Scheduledate hereof (each, a “Company Property”). Except as would not have a Company Material Adverse Effect, each Company Property (i) is owned free and clear of all mortgages, pledges, liens, security interests, conditional and installment sale agreements, encumbrances, charges or other claims of third parties of any kind, including, without limitation, including any easement, right of way or other encumbrance to title, or any option, right of first refusal, or right of first offer (collectively, “Liens”), other than (A) Liens for current Taxes taxes and assessments not yet due and payable or not past due, (B) inchoate mechanics’ and materialmen’s Liens for construction in progress, (C) workmen’s, repairmen’s, warehousemen’s and carriers’ Liens arising in the ordinary course of business of the Company or such Subsidiary consistent with past practice, and (D) all matters of record, and (E) all Liens and other imperfections of title and encumbrances that, would not, individually that do not impair in any material respect the continued use or in utility of the aggregate, have a Material Adverse Effect real property encumbered thereby (collectively, “Company Permitted Liens”), ; and (ii) is neither not subject to any governmental decree or order to be sold sold, and neither the Company nor any Subsidiary has received any written notice to the effect that all or any portion of the real property is being condemned, expropriated or otherwise taken by any public authority with or without payment of compensation therefor, nor, to the knowledge of the Company, has or that any such condemnation, expropriation actions are being proposed or taking been proposedcontemplated.

Real Property; Title to Assets. (a) Section 5.13(a3.12(a) of the Company Disclosure Schedule lists each parcel of real property (except Oil that is the location of a steel plant of, or that is otherwise material to, the Company and Gas Interests) currently the Material Company Subsidiaries taken as a whole and is owned by the Company or any Material Company Subsidiary. Each such parcel of real property (except Oil and Gas Interests) owned by the Company or any Subsidiary, except as set forth on Section 5.13(a) of the Disclosure Schedule, (i) is owned free and clear of all mortgages, pledges, liens, security interests, conditional and installment sale agreements, encumbrances, charges or other claims of third parties of any kind, including, without limitation, any easement, right of way or other encumbrance to title, or any option, right of first refusal, or right of first offer (collectively, “"Liens”"), other than (A) Liens for current Taxes taxes and assessments not yet past due, (B) inchoate mechanics’ ' and materialmen’s 's Liens for construction in progress, (C) workmen’s's, repairmen’s's, warehousemen’s 's and carriers’ ' Liens arising in the ordinary course of business of the Company or such Material Company Subsidiary consistent with past practice, practice and (D) all matters of record, Liens and other imperfections of title and encumbrances that, that would not, individually or in the aggregate, have a Company Material Adverse Effect (collectively, “"Permitted Liens”), ") and (ii) is neither subject to any governmental decree or order to be sold nor is being condemned, expropriated or otherwise taken by any public authority with or without payment of compensation therefor, nor, to the knowledge of the Company, has any such condemnation, expropriation or taking been proposed.

Real Property; Title to Assets. (a) Section 5.13(a4.13(a) of the Disclosure Schedule lists each parcel of real property (except Oil currently owned, or owned in the time period between December 31, 1998 and Gas Interests) currently owned the date hereof, by the Company or any Subsidiary. Each parcel of real property (except Oil and Gas Interests) owned by the Company or any Subsidiary, except as set forth on Section 5.13(a) of the Disclosure Schedule, Subsidiary (i) is owned free and clear of all mortgages, pledges, liens, security interests, conditional and installment sale agreements, encumbrances, charges or other claims of third parties of any kind, including, without limitation, any easement, right of way or other encumbrance to title, or any option, right of first refusal, or right of first offer (collectively, “"Liens”"), other than (A) Liens for current Taxes and assessments not yet past due, (B) inchoate mechanics’ ' and materialmen’s 's Liens for construction in progress, (C) workmen’s's, repairmen’s's, warehousemen’s 's and carriers’ ' Liens arising in the ordinary course of business of the Company or such Subsidiary consistent with past practice, and (D) all matters of record, Liens and other imperfections of title and encumbrances that, would not, individually or in the aggregate, have a Material Adverse Effect (collectively, “"Permitted Liens”"), and (ii) is neither subject to any governmental decree or order to be sold nor is being condemned, expropriated or otherwise taken by any public authority with or without payment of compensation therefor, nor, to the knowledge of the Company, has any such condemnation, expropriation or taking been proposed.