Common use of Tangible Properties and Assets Clause in Contracts

Tangible Properties and Assets. (a) SWGB Disclosure Schedule 3.29(a) sets forth a true, correct and complete list of all real property owned by SWGB or each of its Subsidiaries. Except as set forth in SWGB Disclosure Schedule 3.29(a), SWGB or its Subsidiaries has good and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Business, (iii) any Liens imposed by applicable Law, (iv) easements, rights of way, and other similar Liens of record, or (v) the rights to possession of certain space within the Owned Real Property as disclosed on SWGB Disclosure Schedule 3.29(a). There is no pending or, to SWGB’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including a pending or threatened taking of any of such real property by eminent domain. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property set forth in SWGB Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession, and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, have been furnished or made available to FBMS.

Tangible Properties and Assets. (a) SWGB Company Party Disclosure Schedule 3.29(a3.31(a) sets forth a true, correct and complete list of all real property owned as of the date of this Agreement by SWGB or Company and each of its SubsidiariesSubsidiaries (“Company Real Property”). Except as set forth in SWGB Company Party Disclosure Schedule 3.29(a3.31(a), SWGB Company or its Subsidiaries has good and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real propertyCompany Real Property, personal property and other assets (tangible or intangible), material to used, occupied and operated or held for use by it in connection with its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation (ii) Liens for Taxes and other governmental charges and assessments, which are not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Businesspayable, (iii) any Liens imposed by applicable LawLiens, (iv) easements, rights of way, and other similar encumbrances that do not materially affect the value or use of the properties or assets subject thereto or affected thereby or otherwise materially impair business operations at such properties and (iv) Liens of recordlandlords and Liens of carriers, or (v) warehousemen, mechanics and materialmen and other like Liens arising in the rights to possession Ordinary Course of certain space within the Owned Real Property Business for sums not yet due and payable. Except as disclosed set forth on SWGB Company Party Disclosure Schedule 3.29(a3.31(a). There , there is no pending or, to SWGBCompany’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the Company Real Property or other real property that SWGB Company or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including a pending or threatened taking of any of such real property by eminent domain, except where such legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation would not be material. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Company Real Property set forth in SWGB Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession, and complete copies of the title insurance policies and surveys surveys, if any, for each Company Real property, together with any mortgages, deeds of trust and security agreements to which such property Company Real Property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMSBuyer.

Tangible Properties and Assets. (a) SWGB Company Disclosure Schedule 3.29(a3.31(a) sets forth a true, correct and complete list of all real property owned as of the date of this Agreement by SWGB or Company and each of its Subsidiaries. Except as set forth in SWGB Company Disclosure Schedule 3.29(a3.31(a), SWGB Company or its Subsidiaries has good good, valid and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to used, occupied and operated or held for use by it in connection with its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes (ii) Liens for taxes and other governmental charges and assessments, which are not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising which are being contested in the Ordinary Course of Businessgood faith, (iii) any Liens imposed by applicable LawLiens, (iv) easements, rights of way, and other similar encumbrances that do not materially affect the value or use of the properties or assets subject thereto or affected thereby or otherwise materially impair business operations at such properties and (iv) Liens of recordlandlords and Liens of carriers, or (v) warehousemen, mechanics and materialmen and other like Liens arising in the rights to possession Ordinary Course of certain space within the Owned Real Property Business for sums not yet due and payable. Except as disclosed set forth on SWGB Company Disclosure Schedule 3.29(a3.31(a). There , there is no pending or, to SWGBCompany’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB Company or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including without limitation a pending or threatened taking of any of such real property by eminent domain, except where such legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation has not had, and would not reasonably be expected to have, a Material Adverse Effect on Company or Company Bank. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB Company Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.31(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMSBuyer.

Tangible Properties and Assets. (a) SWGB Company Disclosure Schedule 3.29(a3.31(a) sets forth a true, correct and complete list of all real property owned as of the date of this Agreement by SWGB or Company and each of its Subsidiaries. Except as set forth in SWGB Company Disclosure Schedule 3.29(a3.31(a), SWGB Company or its Subsidiaries has good good, valid and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to used, occupied and operated or held for use by it in connection with its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes (ii) Liens for taxes and other governmental charges and assessments, which are not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Businesspayable, (iii) any Liens imposed by applicable LawLiens, (iv) easements, rights of way, and other similar encumbrances that do not materially affect the value or use of the properties or assets subject thereto or affected thereby or otherwise materially impair business operations at such properties and (iv) Liens of recordlandlords and Liens of carriers, or (v) warehousemen, mechanics and materialmen and other like Liens arising in the rights to possession Ordinary Course of certain space within the Owned Real Property Business for sums not yet due and payable. Except as disclosed set forth on SWGB Company Disclosure Schedule 3.29(a3.31(a). There , there is no pending or, to SWGBCompany’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB Company or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including without limitation a pending or threatened taking of any of such real property by eminent domain, except where such legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation has not had, and would not reasonably be expected to have, a Material Adverse Effect on Company or Company Bank. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB Company Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.31(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMSBuyer.

Tangible Properties and Assets. (a) SWGB Company Disclosure Schedule 3.29(a‎3.31(a) sets forth a true, correct and complete list of all real property owned as of the date of this Agreement by SWGB or Company and each of its Subsidiaries. Except as set forth in SWGB Company Disclosure Schedule 3.29(a‎3.31(a), SWGB Company or its Subsidiaries has good good, valid and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to used, occupied and operated or held for use by it in connection with its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes (ii) Liens for taxes and other governmental charges and assessments, which are not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising which are being contested in the Ordinary Course of Businessgood faith, (iii) any Liens imposed by applicable LawLiens, (iv) easements, rights of way, and other similar encumbrances that do not materially affect the value or use of the properties or assets subject thereto or affected thereby or otherwise materially impair business operations at such properties and (iv) Liens of recordlandlords and Liens of carriers, or (v) warehousemen, mechanics and materialmen and other like Liens arising in the rights to possession Ordinary Course of certain space within the Owned Real Property Business for sums not yet due and payable. Except as disclosed set forth on SWGB Company Disclosure Schedule 3.29(a‎3.31(a). There , there is no pending or, to SWGBCompany’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB Company or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including without limitation a pending or threatened taking of any of such real property by eminent domain, except where such legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation has not had, and would not reasonably be expected to have, a Material Adverse Effect on Company or Company Bank. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB Company Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.31(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMSBuyer.

Tangible Properties and Assets. (a) SWGB BBI Disclosure Schedule 3.29(a3.30(a) sets forth a true, correct and complete list of all real property owned by SWGB or BBI and each of its Subsidiaries. Except as set forth in SWGB BBI Disclosure Schedule 3.29(a3.30(a), SWGB BBI or its Subsidiaries has good and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Business, (iii) any Liens imposed by applicable Law, and (iv) easements, rights of way, and other similar Liens that do not materially affect the value or use of record, the properties or (v) the rights to possession of certain space within the Owned Real Property as disclosed on SWGB Disclosure Schedule 3.29(a)assets subject thereto or affected thereby or otherwise materially impair business operations at such properties. There is no pending or, to SWGBBBI’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB BBI or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including a pending or threatened taking of any of such real property by eminent domain. True Except as set forth in BBI Disclosure Schedule 3.30(a), true and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB BBI Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.30(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMS.

Tangible Properties and Assets. (a) SWGB FFB Disclosure Schedule 3.29(a3.30(a) sets forth a true, correct and complete list of all real property owned by SWGB or FFB and each of its Subsidiaries. Except as set forth in SWGB FFB Disclosure Schedule 3.29(a3.30(a), SWGB FFB or its Subsidiaries has good and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Business, (iii) any Liens imposed by applicable Law, and (iv) easements, rights of way, and other similar Liens that do not materially affect the value or use of record, the properties or (v) the rights to possession of certain space within the Owned Real Property as disclosed on SWGB Disclosure Schedule 3.29(a)assets subject thereto or affected thereby or otherwise materially impair business operations at such properties. There is no pending or, to SWGBFFB’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB FFB or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including a pending or threatened taking of any of such real property by eminent domain. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB FFB Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.30(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMS.

Tangible Properties and Assets. (a) SWGB HSBI Disclosure Schedule 3.29(a3.30(a) sets forth a true, correct and complete list of all real property owned by SWGB or HSBI and each of its Subsidiaries. Except as set forth in SWGB HSBI Disclosure Schedule 3.29(a3.30(a), SWGB HSBI or its Subsidiaries has good and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Business, (iii) any Liens imposed by applicable Law, and (iv) easements, rights of way, and other similar Liens that do not materially affect the value or use of record, the properties or (v) the rights to possession of certain space within the Owned Real Property as disclosed on SWGB Disclosure Schedule 3.29(a)assets subject thereto or affected thereby or otherwise materially impair business operations at such properties. There is no pending or, to SWGBHSBI’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB HSBI or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including a pending or threatened taking of any of such real property by eminent domain. True HSBI has in its possession true and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB HSBI Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.30(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, have been furnished or made available to FBMS.

Tangible Properties and Assets. (a) SWGB HTB Disclosure Schedule 3.29(a3.30(a) sets forth a true, correct and complete list of all real property owned by SWGB or HTB and each of its Subsidiaries. Except as set forth in SWGB HTB Disclosure Schedule 3.29(a3.30(a), SWGB HTB or its Subsidiaries has good and marketable title to, valid leasehold interests in or otherwise legally enforceable rights to use all of the real property, personal property and other assets (tangible or intangible), material to used, occupied and operated or held for use by it in connection with its business as presently conducted in each case, free and clear of any Lien, except for (i) statutory Liens for amounts not yet delinquent, including without limitation Taxes not yet due and payable or due and payable but not yet delinquent, (ii) mechanics’, workmens’, repairmens’, warehousemens’, carriers’, or similar Liens arising in the Ordinary Course of Business, (iii) any Liens imposed by applicable Law, (iv) easements, rights of way, and other similar Liens that do not materially affect the value or use of record, the properties or (v) the rights to possession of certain space within the Owned Real Property as disclosed on SWGB Disclosure Schedule 3.29(a)assets subject thereto or affected thereby or otherwise materially impair business operations at such properties. There is no pending or, to SWGBHTB’s Knowledge, threatened legal, administrative, arbitral or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that SWGB HTB or any of its Subsidiaries owns, uses or occupies or has the right to use or occupy, now or in the future, including without limitation a pending or threatened taking of any of such real property by eminent domain. True and complete copies of all deeds or other documentation evidencing ownership of the Owned Real Property real properties set forth in SWGB HTB Disclosure Schedule 3.29(a) in SWGB’s or its Subsidiaries’ possession3.30(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust and security agreements to which such property is subject, in SWGB’s or its Subsidiaries’ possession, subject have been furnished or made available to FBMSBFC.