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 kind 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 and, except for such Permitted Encumbrances, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Financial Institutions Inc)

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Title to Properties; Absence of Encumbrances. Each of the Borrower Company and its Subsidiaries has good and marketable valid title to all of the properties, assets and rights of every kind 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 for such Permitted Encumbrancesas so disclosed, free from all defects of title that might would materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Credit and Security Agreement (Hemasure Inc)

Title to Properties; Absence of Encumbrances. Each of the Borrower Company and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every kind 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 for such Permitted Encumbrancesas so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Biosepra Inc)

Title to Properties; Absence of Encumbrances. Each of the The Borrower and its Subsidiaries each Subsidiary has good and marketable title to all of the its respective properties, assets and rights of every kind name and nature now purported to be owned by it, including, without limitation, such properties, properties and assets and rights as are reflected in shown on the financial statements referred to in Section 4.6 4.04 (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 Liens whatsoever, except Permitted Encumbrances for Liens permitted by Section 5.09 or as otherwise disclosed in Exhibit K hereto, and, except for such Permitted Encumbrancesas so disclosed, free from all defects of title that might materially adversely affect such propertiesproperty, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (United Asset Management Corp)

Title to Properties; Absence of Encumbrances. Each of the Borrower Company and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every kind 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 or those Encumbrances disclosed in Exhibit C hereto, and, except for such Permitted Encumbrancesas so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Object Design Inc)

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Title to Properties; Absence of Encumbrances. Each of the Borrower and its Subsidiaries Company has good and marketable title to all of the properties, assets and rights of every kind 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 (i) as have been disposed of in the ordinary course of the Companies' business since the date thereofthereof and (ii) as set forth on EXHIBIT J hereto), free from all Encumbrances except Permitted Encumbrances Encumbrances, and, except for such Permitted Encumbrancesas so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Back Bay Restaurant Group Inc

Title to Properties; Absence of Encumbrances. Each of the Borrower Company and its Subsidiaries has good and marketable title to all of the properties, assets and rights of every kind 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 or those Encumbrances disclosed in Exhibit C hereto, and, except for such Permitted Encumbrancesas so disclosed, free from all defects of title that might materially adversely affect such properties, assets or rights, taken as a whole.

Appears in 1 contract

Samples: Revolving Credit Agreement (Essex County Gas Company)

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