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

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Appears in 9 contracts

Samples: Loan Agreement, Loan Agreement (Sono Tek Corp), Loan Agreement (Sono Tek Corp)

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Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Appears in 7 contracts

Samples: Loan and Security Agreement (Document Security Systems Inc), Loan and Security Agreement (Sidoti & Company, Inc.), Loan and Security Agreement (Wireless Xcessories Group Inc)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Lender and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the BankLender.

Appears in 5 contracts

Samples: Loan and Security Agreement (Truett-Hurst, Inc.), Loan and Security Agreement (Truett-Hurst, Inc.), Loan and Security Agreement (Truett-Hurst, Inc.)

Title to Properties; Absence of Liens. Borrower has rights in or the power to transfer the Collateral and it has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Appears in 4 contracts

Samples: Loan and Security Agreement (Diversified Restaurant Holdings, Inc.), Loan and Security Agreement (Diversified Restaurant Holdings, Inc.), Loan and Security Agreement (Diversified Restaurant Holdings, Inc.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets assets, including the Collateral (as defined herein) to the extent owned by Borrower, are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those mortgages, deeds of trust, leases of personal property other than the security interest therein granted to Lender hereby and the encumbrances and security interests previously specifically consented to in writing by the Bankinterest as set forth on Schedule 3.4 hereto, if any (“Permitted Liens”).

Appears in 4 contracts

Samples: Loan and Security Agreement (Daybreak Oil & Gas, Inc.), Loan and Security Agreement (Daybreak Oil & Gas, Inc.), Loan and Security Agreement (Daybreak Oil & Gas, Inc.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are assets, including the Collateral, is free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Appears in 2 contracts

Samples: Line of Credit Agreement (Star Alliance International Corp.), Line of Credit Agreement (Crown Electrokinetics Corp.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those (a) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 2.2, if any, and (b) the leases of personal property and security interests previously specifically consented to in writing by the Bankas set forth on Schedule 2.2, if any.

Appears in 2 contracts

Samples: Loan Agreement (Moixa Iii, Inc.), Loan Agreement (Moixa Iii, Inc.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank, including those liens referred to on Exhibit 3.5 attached hereto and made a part hereof (collectively, the “Permitted Liens”).

Appears in 1 contract

Samples: And Restated Loan Agreement (Cybex International Inc)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those (a) the mortgages, deeds of trusttrust and security interests held by the Lender, and (b) the leases of personal property and security interests previously specifically consented disclosed to in writing by the BankLender, if any.

Appears in 1 contract

Samples: Credit Loan Agreement (Stran & Company, Inc.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank hereby and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to disclosed in writing by the BankSchedule B attached hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Photonix Inc)

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Title to Properties; Absence of Liens. Except as shown in Schedule 1, Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Lender and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Point.360)

Title to Properties; Absence of Liens. The Borrower has good and clear record and marketable valid title to all properties, assets and rights of its properties every name and assets, and nature now purported to be owned by it free from all of its properties and assets are free and clear of all mortgagesdefects, liens, pledges, charges, charges and encumbrances and setoffswhatsoever, except those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to as set forth in writing by the BankSchedule 9.3 hereof.

Appears in 1 contract

Samples: Advance Facility Loan Agreement (Xyvision Inc)

Title to Properties; Absence of Liens. Borrower has good and clear record record, equitable and marketable title to all of its properties and assets, and including without limitation to all of its properties and assets are the Collateral, free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those other than (a) the security interest therein granted to Bank, (b) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 3.4, if any, (c) the leases of personal property as set forth on Schedule 3.4, if any, and security interests previously specifically consented to in writing by the Bank(d) any other Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Iteris, Inc.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those (a) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 2.4, if any, and (b) the leases of personal property and security interests previously specifically consented to in writing by the Bankas set forth on Schedule 2.4, if any.

Appears in 1 contract

Samples: Loan Agreement (Sachem Capital Corp.)

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those other than the security interest therein granted to the Lender hereby and (a) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 3.4, if any, and (b) the leases of personal property and security interests previously specifically consented to in writing by the Bankas set forth on Schedule 3.4, if any (“Permitted Liens”).

Appears in 1 contract

Samples: Loan and Security Agreement (instaCare Corp.)

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