Common use of Title to and Condition of Properties Clause in Contracts

Title to and Condition of Properties. The Company owns or holds under valid leases or other rights to use all real property, plants, machinery and equipment necessary for the conduct of the business of the Company as presently conducted, except where the failure to own or hold such property, plants, machinery and equipment would not have a Material Adverse Effect on the Company.

Appears in 5 contracts

Samples: Share Exchange Agreement (Advanced Medical Institute Inc.), Share Exchange Agreement (Hamptons Luxury Homes Inc), Share Exchange Agreement (Advanced Medical Institute Inc.)

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Title to and Condition of Properties. The Company owns or holds under valid leases or other rights to use all material real property, plants, machinery and equipment necessary for the conduct of the business of the Company in substantially the same manner as presently conducted, except where the failure to own or hold such property, . The plants, machinery property and equipment would not have a Material Adverse Effect on used in the Companyoperations of the respective businesses of the Company and each of its Subsidiaries are in good operating condition and repair, normal wear and tear excepted.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Guideline, Inc.), Agreement and Plan of Merger (Infousa Inc), Agreement and Plan of Merger (Best Buy Co Inc)

Title to and Condition of Properties. The Company owns or no real property, and holds under valid leases or other rights to use all real property, plants, machinery and equipment necessary for the conduct of the business of the Company as presently conducted, except where the failure to own or hold such property, plants, machinery and equipment would not have a Material Adverse Effect on the Company.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Predictive Technology Group, Inc.), Securities Purchase Agreement (Predictive Technology Group, Inc.), Securities Purchase Agreement (Predictive Technology Group, Inc.)

Title to and Condition of Properties. (a) The Company owns or holds under valid leases or other rights to use all real propertyproperty and all properties, plants, machinery assets and equipment necessary for the conduct of the business of the Company as presently conducted, except where the failure to own or hold such real property, plantsproperties, machinery assets and equipment would not have reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on the Company.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Omnicare Inc), Agreement and Plan of Merger (NCS Healthcare Inc), Agreement and Plan of Merger (Omnicare Inc)

Title to and Condition of Properties. The Company owns or holds under valid leases or other rights to use all real property, plants, machinery and equipment necessary for the conduct of the business of the Company as presently conducted, except where the failure to own or hold such property, plants, machinery and equipment would not have a Material Adverse Effect on Effect. Except as would not have in the Companyaggregate a Material Adverse Effect, all of the machinery, equipment, and other tangible personal property and assets owned or used by the Company and its subsidiaries are usable in the ordinary course of business and are reasonably adequate and suitable for their current uses.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sri Surgical Express Inc), Agreement and Plan of Merger (Coleman Cable, Inc.), Agreement and Plan of Merger (Technology Research Corp)

Title to and Condition of Properties. The Company owns Companies own or holds under valid leases or other rights to use lease all real property, plants, machinery and equipment necessary for the conduct of the business Businesses of the Company Companies as presently conducted, except where the failure to own or so hold such property, plants, machinery and equipment would not have reasonably be expected to result in a Material Adverse Effect on Change with respect to the CompanyCompanies taken as a whole.

Appears in 3 contracts

Samples: Purchase Agreement (Bergen Brunswig Corp), Stock Purchase Agreement (Counsel Corp), Stock Purchase Agreement (Bergen Brunswig Corp)

Title to and Condition of Properties. (a) The Company owns or holds under valid leases or other rights to use all real propertyproperty and all properties, plants, machinery assets and equipment necessary for the conduct of the business of the Company as presently conducted, except where the failure to own or hold such real property, plantsproperties, machinery assets and equipment would not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on the Company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (NCS Healthcare Inc), Agreement and Plan of Merger (Omnicare Inc), Agreement and Plan of Merger (Genesis Health Ventures Inc /Pa)

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Title to and Condition of Properties. The Company owns or holds under valid leases or other rights to use all material real property, plants, machinery and equipment necessary for the conduct of the business of the Company as presently conducted, except where the failure to own or hold such property, . The plants, machinery property and equipment would not have a Material Adverse Effect on used in the Companyoperations of the respective businesses of the Company and each of its subsidiaries are in good operating condition and repair, normal wear and tear excepted.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Onesource Information Services Inc), Agreement and Plan of Merger (Infousa Inc)

Title to and Condition of Properties. The Company and each Subsidiary owns (with good and marketable title in the case of real property), or holds under valid leases or other rights to use use, all real property, plants, machinery and equipment necessary for the conduct of the its business of the Company as presently conducted, except where free and clear of all Liens. All material items of tangible personal property used in the failure to own or hold operation of such propertybusiness are in satisfactory condition and repair, plants, machinery ordinary wear and equipment would not have a Material Adverse Effect on the Companytear excepted.

Appears in 2 contracts

Samples: Note Purchase Agreement (China SLP Filtration Technology, Inc.), Note Purchase Agreement (Perpetual Technologies, Inc.)

Title to and Condition of Properties. The Operating Company owns or holds under valid leases or other rights to use all real property, plants, machinery and equipment necessary for the conduct of the business of the Operating Company as presently conducted, except where the failure to own or hold such property, plants, machinery and equipment would not have a Material Adverse Effect on the Operating Company.

Appears in 1 contract

Samples: Agreement and Plan of Share Exchange (Argenta Systems Inc)

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