Common use of Title to Properties and Assets; Liens, Etc Clause in Contracts

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 55 contracts

Samples: Securities Purchase Agreement (Petrol Oil & Gas Inc), Securities Purchase Agreement (Powercold Corp), Securities Purchase Agreement (Powercold Corp)

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Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 29 contracts

Samples: Note and Warrant Purchase Agreement (Biovest International Inc), Note Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (Modtech Holdings Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 19 contracts

Samples: Securities Purchase Agreement (American Water Star Inc), Securities Purchase Agreement (Transgenomic Inc), Securities Purchase Agreement (Innovative Companies Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.93.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 9 contracts

Samples: Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.912(i), each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 9 contracts

Samples: Security Agreement (Conversion Services International Inc), Security Agreement (Comc Inc), Security and Purchase Agreement (Maxim Mortgage Corp/)

Title to Properties and Assets; Liens, Etc. Except as set forth on ------------------------------------------ Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 5 contracts

Samples: Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (New Century Energy Corp.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the The Company and each of its Subsidiaries has good and marketable title to its material properties and assets, and has good title to all its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:than for taxes not yet due or payable or as set forth in the Financial Statements or the notes thereto or in Section 3.13 of the Disclosure Schedule.

Appears in 4 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Regen Biologics Inc), Common Stock Purchase Agreement (Regen Biologics Inc), Convertible Preferred Stock Purchase Agreement (Regen Biologics Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.94.9 or in any Exchange Act Filings, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Clinical Data Inc), Placement Agency Agreement (Icoria, Inc.), Securities Purchase Agreement (Clinical Data Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargecharge (each for the foregoing, a “Lien”) , other than:than the following (each a “Permitted Encumbrance”):

Appears in 4 contracts

Samples: Securities Purchase Agreement (Pervasip Corp), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (New Century Energy Corp.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable valid title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Friendlyway CORP)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.93.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Bio Key International Inc), Securities Exchange Agreement (Bio Key International Inc), Securities Purchase Agreement (Bio Key International Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:than the following (each a “Permitted Encumbrance”):

Appears in 2 contracts

Samples: Securities Purchase Agreement (TRUEYOU.COM), Securities Purchase Agreement (TRUEYOU.COM)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.94.9 or as disclosed in any Exchange Act Filings, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Greenman Technologies Inc), Securities Purchase Agreement (Greenman Technologies Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.94.9 or in any Exchange Act Filing, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Biodelivery Sciences International Inc), Securities Purchase Agreement (Biodelivery Sciences International Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Omni Energy Services Corp), Securities Purchase Agreement (Singing Machine Co Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.912(i), each of the Company and each of its Eligible Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Security Agreement (Digital Lifestyles Group Inc), Security Agreement (Digital Lifestyles Group Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, in the Company’s Exchange Act Filings or in the Financial Statements, each of the Company and each of its Subsidiaries Subsidiary has good and marketable title to its material properties and assets, and good title to its material leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bos Better Online Solutions LTD), Securities Purchase Agreement (Bos Better Online Solutions LTD)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargecharge (collectively, an “Encumbrance”), other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Coach Industries Group Inc), Securities Purchase Agreement (Coach Industries Group Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its owned properties and assets, and good valid and enforceable title to its leasehold estatesinterests in its leased property, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pacific Biometrics Inc), Securities Purchase Agreement (Pacific Biometrics Inc)

Title to Properties and Assets; Liens, Etc. Except as set -------------------------------------------- forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Sequiam Corp)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.95(h), each of the Company and each of its Subsidiaries the Guarantors has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Loan Agreement (Cci Group Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth in the Exchange Act Filings or on Schedule 4.93.9, each of the Company and each of its Subsidiaries the Subsidiary has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Subscription Agreement (In Veritas Medical Diagnostics, Inc.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company Company, Cancable Parent and each of its their respective Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Creative Vistas Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and (where such concept is applicable) marketable title to its the properties and assetsassets it owns, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Standard Management Corp)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargecharge (each for the foregoing, a “Lien”), other than:than the following (each a “Permitted Encumbrance”):

Appears in 1 contract

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)

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Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (AGU Entertainment Corp.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its the Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Xfone Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.93.6, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargecharge (each for the foregoing, a “Lien”), other than:than the following (each a “Permitted Encumbrance”):

Appears in 1 contract

Samples: Senior Secured Note Purchase Agreement (Proelite, Inc.)

Title to Properties and Assets; Liens, Etc. Except as set forth ------------------------------------------- on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Elec Communications Corp)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.912(i), each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case on the date of the initial borrowing under this Agreement, subject to no mortgage, pledge, lienLien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Security Agreement (Bp International Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.94.9 or as disclosed in any Exchange Act Filings, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Payment Technologies Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargecharge (collectively, an "Encumbrance"), other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Synergy Brands Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.912(i), each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other thanthan Permitted Liens and:

Appears in 1 contract

Samples: Security Agreement (DSL Net Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company and each of its Domestic Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Trinity Learning Corp)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company Company, Iview, Iview Parent and each of its their respective Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Creative Vistas Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth in the SEC Reports or on Schedule 4.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Apogee Technology Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each Each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (AdAl Group Inc.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.99(i), each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Security and Purchase Agreement (Thomas Equipment, Inc.)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.912(i) or as disclosed in any Exchange Act Filings, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Security Agreement (Greenman Technologies Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.93.9, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Minatura Gold)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.9, each of the Company Parent and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estatesinterests, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Accentia Biopharmaceuticals Inc)

Title to Properties and Assets; Liens, Etc. Except as set forth on Schedule 4.94.9 or as disclosed in SEC Filings, each of the Company and each of its Subsidiaries has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than:

Appears in 1 contract

Samples: Securities Purchase Agreement (Axeda Systems Inc)

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