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

Title to Properties; Absence of Encumbrances. Each of the Borrower and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole. The Collateral is free from all Encumbrances other than Permitted Exceptions.

Appears in 4 contracts

Samples: Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc)

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Title to Properties; Absence of Encumbrances. Each of the Borrower Credit Parties and its their Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all Encumbrances except Permitted Encumbrances hereto, and, except as so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole. The Collateral is free from all Encumbrances other than Permitted Exceptions.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Biosphere Medical Inc), Revolving Credit Agreement (Sepracor Inc /De/), Revolving Credit Agreement (Sepracor Inc /De/)

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Title to Properties; Absence of Encumbrances. Each of the Borrower and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every name and nature now purported to be owned by it, including, without limitation, such properties, assets and rights as are reflected in the financial statements referred to in Section 4.6 (except such properties, assets or rights as have been disposed of in the ordinary course of business since the date thereof), free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole. The Collateral is free from all Encumbrances other than Permitted ExceptionsEncumbrances.

Appears in 1 contract

Samples: Credit Agreement (Moore Handley Inc /De/)

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