Common use of Title to Properties; Absence of Encumbrances Clause in Contracts

Title to Properties; Absence of Encumbrances. The Borrower and each other member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the Initial Financial Statement (except such properties, assets or rights as have been disposed of since the date thereof and which are not material to its business or the disposition of which have been approved by the Lender), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lender, free from all defects of title that could reasonably be expected to result in a Material Adverse Effect. All such properties and assets and all properties which are leaseholds are free and clear of all title defects or objections, liens, claims, charges, security interests and other Encumbrances (except Permitted Encumbrances) of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s or any other member of the Borrower Affiliated Group’s use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender or in any way encumbered except as disclosed to the Lender; and the Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Each of the Borrower and each other member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the most recent of the Initial Financial Statement Statements (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in might have a Material Adverse Effect. All such properties and assets and all properties which are leaseholds are free and clear of all title defects or objections, liens, claims, charges, security interests and other Encumbrances (of any nature whatsoever except Permitted Encumbrances) , and are not, in the case of real property, subject to any rights of way, building, use or other restrictions, easements, exceptions, variances, reservations or limitations of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s 's or any other member of the Borrower Affiliated Group’s 's use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto, and (iv) other Permitted Encumbrances. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender Administrative Agent any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender Administrative Agent or in any way encumbered except as disclosed to the Lenderencumbered; and the Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Borrower and each other member Each of the Borrower Affiliated Group Borrowers has good and marketable title to all of the material properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the Initial Financial Statement (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances Encumbrances, except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in a Material Adverse Effectmight materially adversely affect any of such properties, assets or rights or the business, financial condition, assets or properties of any of the Borrowers. All such properties and assets and all properties which are leaseholds are free and clear of all title defects or objections, liens, claims, charges, security interests and other Encumbrances (of any nature whatsoever, except Permitted Encumbrances) of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s or any other member of the Borrower Affiliated Group’s use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto. The rights, properties and other assets presently owned, leased or licensed by each any of the Borrower and each other member of the Borrower Affiliated Group Borrowers and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member any of the Borrower Affiliated Group Borrowers to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledgesBorrowers pledge, sellssell, assigns assign or transfers transfer to the Lender Agent or the Canadian Bank, as the case may be, any instrument, document of title, security, chattel paper or other property (including Base Inventory, Equipment, Base Accounts, contract rights rights, patents, trademarks, copyrights, Accounts and Accountsany other Collateral) or any proceeds or products thereof, or any interest therein, the such Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender Agent or the Canadian Bank, as the case may be, or in any way encumbered except as disclosed to the Lender(other than Permitted Encumbrances and asset sales permitted under Section 6.6 hereof); and the Borrower or such member of the Borrower Affiliated Group Borrowers shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Borrower and each other member of the Borrower Affiliated Group Lessee has good and -------------------------------------------- marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the Initial Financial Statement (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances Liens except Permitted EncumbrancesLiens, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in a Material Adverse Effectmight materially adversely affect any of such properties, assets or rights. All such properties and assets and all properties which are leaseholds are free and clear of all title defects or objectionsobjections and Liens of any nature whatsoever, liensand are not, claimsin the case of real property, chargessubject to any rights of way, security interests and building, use or other Encumbrances (except Permitted Encumbrances) restrictions, easements, exceptions, variances, reservations or limitations of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that provided, that, such provisions would restrictions do not -------- ---- prohibit or materially interfere with impair the Borrower’s or any other member use of the Borrower Affiliated Group’s use premises or the conduct of such propertiesthe Lessee's business, (ii) liens Liens for current taxes taxes, assessments and other governmental charges not yet due, (iii) easements and restrictions of record which do not, individually or in the aggregate, prohibit or materially impair the use of the premises or the conduct of the Lessee's business, and (iiiiv) as otherwise disclosed on Exhibit D heretoSchedule 7.5. The rights, properties and other assets ------------ presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group Lessee and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group Lessee to conduct its businesses business in all material respects in the same manner as its businesses have business has been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group Lessee pledges, sells, assigns or transfers to the Lender Lessor any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group Lessee shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been at that time be pledged, sold, assigned or transferred to any Person other than the Lender Lessor or in any way encumbered except as disclosed (other than with respect to the LenderPermitted Liens); and the Borrower or such member of the Borrower Affiliated Group Lessee shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Each of the Borrower and each other member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the most recent of the Initial Financial Statement Statements (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in might have a Material Adverse Effect. All such properties and assets and all properties which are leaseholds are free and clear of all material title defects or objections, liens, claims, charges, security interests and other Encumbrances (of any nature whatsoever except Permitted Encumbrances) , and are not, in the case of real property, subject to any rights of way, building, use or other restrictions, easements, exceptions, variances, reservations or limitations of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s 's or any other member of the Borrower Affiliated Group’s 's use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto, and (iv) other Permitted Encumbrances. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender Administrative Agent any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights Accounts and AccountsIntellectual Property Rights) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender Administrative Agent or in any way encumbered except as disclosed to the Lenderencumbered; and the Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Borrower and each other Each member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the Initial Financial Statement (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in a Material Adverse Effectmight materially adversely affect any of such properties, assets or rights. All such properties and assets and all properties which are leaseholds are free and clear (other than in favor of the Collateral Agent) of all title defects or objections, liens, claims, charges, security interests and other Encumbrances (except Permitted Encumbrances) of any nature whatsoever whatsoever, except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s or any other member of the Borrower Affiliated Group’s use of such properties, (ii) liens for current taxes not yet due, and (iiiii) as otherwise disclosed on Exhibit EXHIBIT D hereto. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses and the Business (as such term is defined in the Purchase Agreement) in all material respects in the same manner as its businesses and the Business (as such term is defined in the Purchase Agreement) have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender Collateral Agent any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person person other than the Lender Collateral Agent or in any way encumbered except as disclosed (other than with respect to the LenderPermitted Encumbrances); and the Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real propertypersons.

Title to Properties; Absence of Encumbrances. (a) The Borrower and each other member Sellers own fee simple title to the real property identified on Schedule 5.5 of the Borrower Affiliated Group has good and marketable title to all Disclosure Schedules under the heading “Fee Simple Title”. Schedule 5.5 of the propertiesDisclosure Schedules under the heading “Leased Real Property” also contains a complete list by address of all real property leased, assets licensed, operated or used by the Sellers indicating the nature of their respective interest therein (the “Leased Real Property”) and rights specifies the lessor(s) or licensor(s) of every name such Leased Real Property and nature now purported to be identifies each lease or any other Contractual Obligation under which such property is leased, licensed or otherwise occupied, including all amendments thereto (together with all amendments thereto, each a “Real Property Lease”). The Sellers have not received any written notice of any pending condemnation, expropriation, eminent domain or similar proceeding affecting all or any material portion of any such owned or leased by itreal property or, includingto the Sellers’ Knowledge, without limitation, that any such properties, assets and rights as activities are reflected in the Initial Financial Statement (except such properties, assets currently being threatened. There are no oral leases or rights as have been disposed of since the date thereof and which are not material to its business or the disposition of which have been approved by the Lender), free from all Encumbrances except Permitted Encumbrances, subleases and, except as disclosed set forth on Schedule 5.5 of the Disclosure Schedules under the heading “Subleases, etc.”, there are no (x) written subleases or (y) written or oral licenses, concessions, occupancy agreements or other Contractual Obligations granting to any other Person the Lender, free from all defects right of title that could reasonably be expected to result in a Material Adverse Effect. All such properties and assets and all properties which are leaseholds are free and clear use or occupancy of all title defects or objections, liens, claims, charges, security interests and other Encumbrances (except Permitted Encumbrances) of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s Leased Real Property or any other member portion thereof and there is no Person in possession of the Borrower Affiliated Group’s use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower Leased Real Property or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner portion thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender or in any way encumbered except as disclosed to the Lender; and the Borrower or such member Sellers. The real property identified on Schedule 5.5 of the Borrower Affiliated Group shall defend the same against the claims and demands of Disclosure Schedules represents all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real propertyproperty owned, leased, licensed or otherwise occupied by the Sellers that is utilized in the operation of the Hospital Business.

Title to Properties; Absence of Encumbrances. The Borrower Each of the Borrowers and each other member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the most recent of the Initial Financial Statement Statements (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in might have a Material Adverse Effect. All such properties and assets and all properties which are leaseholds are free and clear of all material title defects or objections, liens, claims, charges, security interests and other Encumbrances (of any nature whatsoever except Permitted Encumbrances) , and are not, in the case of real property, subject to any rights of way, building, use or other restrictions, easements, exceptions, variances, reservations or limitations of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the any Borrower’s 's or any other member of the Borrower Affiliated Group’s 's use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto, and (iv) other Permitted Encumbrances. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower Borrowers and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the each such Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the any Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender Administrative Agent any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights Accounts and AccountsIntellectual Property Rights) or any proceeds or products thereof, or any interest therein, the such Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender Administrative Agent or in any way encumbered except as disclosed to the Lenderencumbered; and the such Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Each of the Borrower and each other member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the Initial Financial Statement (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in a Material Adverse Effectmight materially adversely affect any of such properties, assets or rights. All such properties and assets and all properties which are leaseholds are free and clear of all title defects or objections, liens, claims, charges, security interests and other Encumbrances of any nature whatsoever (except for Permitted Encumbrances) ), and are not, in the case of real property, subject to any rights of way, building, use or other restrictions, easements, exceptions, variances, reservations or limitations of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided that such provisions would not materially interfere with the Borrower’s or any other member of the Borrower Affiliated Group’s use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit D hereto. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender Administrative Agent any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender Administrative Agent or in any way encumbered except as disclosed to the Lenderencumbered; and the Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.

Title to Properties; Absence of Encumbrances. The Each of the Borrower and each other member of the Borrower Affiliated Group has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned or leased by it, including, without limitation, such properties, assets and rights as are reflected in the Initial Financial Statement (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof and which are not material to its business or the disposition of which have been approved by the Lenderthereof), free from all Encumbrances except Permitted Encumbrances, and, except as disclosed to the Lenderso disclosed, free from all defects of title that could reasonably be expected to result in a Material Adverse Effectmight materially adversely affect any of such properties, assets or rights. All such properties and assets and all properties which are leaseholds are free and clear of all title defects or objections, liens, claims, charges, security interests and other Encumbrances of any nature whatsoever (except for Permitted Encumbrances) ), and are not, in the case of real property, subject to any rights of way, building, use or other restrictions, easements, exceptions, variances, reservations or limitations of any nature whatsoever except, with respect to all such properties and assets, (i) provisions of existing building and zoning laws, provided PROVIDED that such provisions would not materially interfere with the Borrower’s 's or any other member of the Borrower Affiliated Group’s 's use of such properties, (ii) liens for current taxes not yet due, and (iii) as otherwise disclosed on Exhibit EXHIBIT D hereto. The rights, properties and other assets presently owned, leased or licensed by each of the Borrower and each other member of the Borrower Affiliated Group and described elsewhere in this Agreement include all rights, properties and other assets necessary to permit the Borrower and such member of the Borrower Affiliated Group to conduct its businesses in all material respects in the same manner as its businesses have been conducted prior to the date hereof. At the time the Borrower or any other member of the Borrower Affiliated Group pledges, sells, assigns or transfers to the Lender Administrative Agent any instrument, document of title, security, chattel paper or other property (including Inventory, contract rights and Accounts) or any proceeds or products thereof, or any interest therein, the Borrower or such member of the Borrower Affiliated Group shall be the lawful owner thereof and shall have good right to pledge, sell, assign or transfer the same; none of such properties shall have been pledged, sold, assigned or transferred to any Person other than the Lender Administrative Agent or in any way encumbered except as disclosed to the Lenderencumbered; and the Borrower or such member of the Borrower Affiliated Group shall defend the same against the claims and demands of all Persons. Neither the Borrower nor any other member of the Borrower Affiliated Group owns any real property.