Common use of Tangible Properties and Assets Clause in Contracts

Tangible Properties and Assets. (a) FPB Disclosure Schedule 3.30(a) sets forth a true, correct and complete list of all real property owned by FPB and each of its Subsidiaries. Except as set forth in FPB Disclosure Schedule 3.30(a), FPB 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), 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, and (ii) easements, rights of way, and other similar Liens 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. There is no pending or, to FPB’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 FPB 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 real properties set forth in FPB Disclosure Schedule 3.30(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 have been furnished or made available to FBMS.

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Bancshares Inc /MS/)

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Tangible Properties and Assets. (a) FPB SCB Disclosure Schedule 3.30(a) sets forth a true, correct correct, and complete list of all real property owned by FPB SCB and each of its Subsidiaries. Except as set forth in FPB SCB Disclosure Schedule 3.30(a), FPB SCB or its Subsidiaries has good and marketable title to, valid leasehold interests in in, or otherwise legally enforceable rights to use all of the real property, personal property property, and other assets (tangible or intangible), used, occupied 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, and (ii) easements, rights of way, and other similar Liens 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. There is no pending or, to FPBSCB’s Knowledge, threatened legal, administrative, arbitral arbitral, or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that FPB SCB or any of its Subsidiaries owns, uses 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 real properties set forth in FPB SCB Disclosure Schedule 3.30(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust trust, and security agreements to which such property is subject have been furnished or made available to FBMSSMBK.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smartfinancial Inc.)

Tangible Properties and Assets. (a) FPB SSNF Disclosure Schedule 3.30(a) sets forth a true, correct and complete list of all real property owned by FPB SSNF and each of its Subsidiaries. Except as set forth in FPB SSNF Disclosure Schedule 3.30(a), FPB SSNF 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), 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, and (ii) easements, rights of way, and other similar Liens 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. There is no pending or, to FPBSSNF’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 FPB SSNF 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 real properties set forth in FPB SSNF Disclosure Schedule 3.30(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 have been furnished or made available to FBMS.

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Bancshares Inc /MS/)

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Tangible Properties and Assets. (a) FPB PFG Disclosure Schedule 3.30(a) sets forth a true, correct correct, and complete list of all real property owned by FPB PFG and each of its Subsidiaries. Except as set forth in FPB PFG Disclosure Schedule 3.30(a), FPB PFG 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 property, and other assets (tangible or intangible), used, occupied 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, and (ii) easements, rights of way, and other similar Liens 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. There is no pending or, to FPBPFG’s Knowledge, threatened legal, administrative, arbitral arbitral, or other proceeding, claim, action or governmental or regulatory investigation of any nature with respect to the real property that FPB PFG or any of its Subsidiaries owns, uses 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 real properties set forth in FPB PFG Disclosure Schedule 3.30(a), and complete copies of the title insurance policies and surveys for each property, together with any mortgages, deeds of trust trust, and security agreements to which such property is subject have been furnished or made available to FBMSSMBK.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smartfinancial Inc.)

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