Rights to Property. The Property Owners own good and insurable fee simple title to, or a valid leasehold interest in, all of the Properties, and good title to, or a valid leasehold interest in, all their other properties purported to be owned by them and all properties reflected in the most recent balance sheet referred to in Section 5.8 (except as sold or otherwise disposed of in the ordinary course of business or as no longer used or useful in the conduct of the business) free and clear of all Liens except Permitted Liens. Schedule 5.16 lists or describes (i) all real property owned or leased by each Loan Party. The Permitted Liens do not materially and adversely affect the value of the Properties, the use of the Properties for the use being made thereof as of the date of this Agreement, the operation of the Properties or the Borrower’s ability to repay the Loan in full.
Rights to Property. All right, title and interest to the Program Technology acquired or developed pursuant to this Agreement including any submissions or applications to the FDA or any foreign equivalent made by DURA in its name on behalf of Xxxxxx Corp. II shall be the exclusive property of Xxxxxx Corp. II; PROVIDED, HOWEVER, that such right, title and interest shall be subject in all events to (a) the rights to Albuterol Program Assets obtained from Xxxxxx Corp. II pursuant to the exercise of the Albuterol Option or (b) the rights to the Xxxxxx Product Program Assets obtained from Xxxxxx Corp. II pursuant to the exercise of the Product Option. All matters relating to patents and patent applications with respect to the Program Technology acquired or developed pursuant to this Agreement shall be governed by Section 5.2 of the License Agreement.
Rights to Property. Except for the security interests (a) granted by Borrower to the Senior Agent under the terms of the LaSalle Credit Agreement; (b) granted to Standard Investors under the terms of the Primary Mortgage; (c) retained by National City under the terms of the Asset Lease; and (d) otherwise disclosed on Exhibit A hereto (collectively, "Permitted Liens"), Borrower has good and marketable title to all personal and real property purported to be owned by it.
Rights to Property. All material and Work covered by progress payments made shall, at the time of payment, become the sole property of RCDSCC or its designee, but this shall not be construed as relieving the Contractor from the sole responsibility for all material and Work upon which payments have been made or the restoration of any damaged Work; or waiving the right of RCDSCC to require the fulfillment of all of the terms and conditions of the Contract Documents.
Rights to Property. The Loan Parties have good and legal title, subject only to the Permitted Encumbrances, to the Collateral, all other personal and real property purported to be owned by them and all property reflected in the most recent balance sheet referred to in Section 4.10 (except as sold or otherwise disposed of in the ordinary course of business or as no longer used or useful in the conduct of the business). Schedule 4.18 lists or describes (i) all Sites and Site Leases as of the date hereof, (ii) all other real property owned by each Loan Party as of the date hereof, and (iii) all material Equipment of each Loan Party as of June 30, 1999 and its location or proposed location. Each Loan Party has, or by the Borrowing Date shall have, entered into the Site Leases described on Schedule 4.18. Such Site Leases are in full force and effect and are not subject to termination because of default or otherwise.
Rights to Property. All right, title and interest to the data, know-how and enhancements of the Wound Healing IP and any other intellectual property resulting from the Development acquired or developed pursuant to this Agreement (the “Program IP”) including any submissions or applications to the FDA or any foreign equivalent made by CVBT in its name on behalf of itself or CDCP shall be the exclusive property of CDCP; provided, however, that such right, title and interest shall be subject in all events to that certain exclusive license agreement of even date herewith attached hereto as Schedule 3.1 and incorporated herein by this reference; and provided further, that CDCP shall have no right to physical possession of the Program IP.
Rights to Property. (a) Section 4.10 of the Disclosure Schedule sets forth all of the real property owned in fee by the Company and its subsidiaries. Each of the Company and its subsidiaries has good and marketable title to each parcel of real property owned by it free and clear of all Liens, except (i) Liens for Taxes not yet due and payable and general and special assessments not in default and payable without penalty and interest, and (ii) other Liens which do not materially interfere with the Company's or any of its subsidiaries' use and enjoyment of such real property or materially detract from or diminish the value thereof.
Rights to Property. The Company, or any person authorised by them, may take or keep possession of any damaged property and deal with it in any reasonable manner. The Company will not incur any liability or diminish any other rights the Company may have when the Company does so. You may, however, not abandon any property to us whether the Company has taken possession of it or not.
Rights to Property. Applicant acknowledges Citibank’s ownership of and unqualified right to the possession and disposal of all shipping documents, warehouse receipts, policies or certificates of insurance, Drafts or other documents called for or drawn under the Credit and all property shipped in connection with such Credit and all proceeds and products thereof whether such shall be in the possession or control of Applicant, Citibank or any of its correspondents (“Property”) until such time as the Obligations have been fully paid and discharged. Applicant agrees to hold all such Property and documents released to Applicant or upon its order by Citibank in connection with the Credit in trust for Citibank at Applicant’s sole risk in a safe and proper place with liberty to sell the same and forthwith account for the proceeds in full to Citibank without deduction or set-off and in the meantime to hold such proceeds in trust for Citibank. Citibank reserves the right to cancel the trust at any time and take possession of all such Property and documents. Citibank (i) is authorized, at its option at any time and with or without notice, to transfer to or register in the name of any of its nominees all or part of such Property, (ii) shall be deemed to have exercised reasonable care with respect to such Property if the Property is accorded treatment comparable to that which Citibank gives to its own property of similar type, and (iii) shall not be obligated to enforce or preserve its rights or Applicant’s rights against any party or otherwise with respect to any Property. Applicant agrees that Citibank shall be subrogated to Applicant’s rights in respect of the transactions underlying the Credit. Citibank’s rights under this Clause shall remain in effect until Citibank’s liabilities under the Credit are extinguished and Applicant’s obligations are paid or discharged. Where the Credit is a negotiable Credit, Citibank’s rights to the Property shall continue for a reasonable period (at least 30 days) following the expiry of the Credit to secure Citibank’s potential obligations to negotiating banks.