Common use of Title to Properties; Liens Clause in Contracts

Title to Properties; Liens. Borrower and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 10 contracts

Samples: Credit Agreement (Newmarket Corp), Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Isle of Capri Casinos Inc)

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Title to Properties; Liens. Borrower and its Subsidiaries The Credit Parties have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective material properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreementfor Permitted Liens, all such properties and assets are free and clear of Liens.

Appears in 6 contracts

Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)

Title to Properties; Liens. Borrower Lessee and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective the properties and assets reflected in the financial statements referred to in subsection 5.3 5(c) or in the most recent financial statements delivered pursuant to subsection 6.16(a), in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.77(g). Except as permitted by this AgreementLease, all such properties and assets are free and clear of Liens.

Appears in 5 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc)

Title to Properties; Liens. Borrower Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 5 contracts

Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Sunrise Medical Inc), Credit Agreement (Dictaphone Corp /De)

Title to Properties; Liens. Borrower (i) Lessee and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective the properties and assets reflected in the financial statements referred to in subsection 5.3 5(c) or in the most recent financial statements delivered pursuant to subsection 6.16(a), in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.77(g). Except as permitted by this AgreementLease, all such properties and assets are free and clear of Liens.

Appears in 5 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc)

Title to Properties; Liens. Borrower The Borrowers and its their Subsidiaries have (i) good, sufficient good marketable and legal insurable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or ) and (iii) good title to (in the case of all other personal property), all of their respective material properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are held free and clear of Liens.

Appears in 4 contracts

Samples: Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp)

Title to Properties; Liens. Borrower and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee and freehold interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for immaterial exceptions and for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 3 contracts

Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Title to Properties; Liens. Each member of the Borrower and its Subsidiaries have Group has (i) good, sufficient good marketable and legal insurable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective material properties and assets reflected in the financial statements referred to in subsection 5.3 Section 4.4 or in the most recent financial statements delivered pursuant to subsection 6.1Section 5.1, in each case except for assets disposed Disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7Section 6.7. Except as permitted by this Agreement, all such properties and assets are held free and clear of Liens.

Appears in 3 contracts

Samples: Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data Facilities Company, Inc.)

Title to Properties; Liens. Borrower The Borrowers and its their Subsidiaries have (i) good, sufficient good marketable and legal insurable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or ) and (iii) good title to (in the case of all other personal property), all of their respective material properties and assets reflected in the financial statements referred to in subsection 5.3 4.3 or in the most recent financial statements delivered pursuant to subsection 6.15.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.76.6. Except as permitted by this Agreement, all such properties and assets are held free and clear of Liens.

Appears in 2 contracts

Samples: Construction Loan Agreement (Las Vegas Sands Inc), Construction Loan Agreement (Las Vegas Sands Corp)

Title to Properties; Liens. Borrower A. Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 2 contracts

Samples: Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/)

Title to Properties; Liens. Borrower and its Subsidiaries Loan Parties have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for Permitted Encumbrances and assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 2 contracts

Samples: Credit Agreement (Prime Succession Inc), Credit Agreement (Rose Hills Co)

Title to Properties; Liens. Borrower Subject to Permitted Liens, Parent and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 2 contracts

Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)

Title to Properties; Liens. Borrower Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under by subsection 7.77.7 and except for such defects that individually or in the aggregate would not reasonably be expected to have a Material Adverse Effect. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens.Liens except for Liens permitted pursuant to subsection 7.2A.

Appears in 2 contracts

Samples: Security Agreement (United Online Inc), Credit Agreement (United Online Inc)

Title to Properties; Liens. The Borrower and its Subsidiaries have (ia) good, sufficient insurable and legal title to (in the case of fee interests in real property), (iib) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iiic) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 Section 4.6 or in the most recent financial statements delivered pursuant to subsection Section 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7Section 7.8. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Warwick Valley Telephone Co), Credit Agreement (Warwick Valley Telephone Co)

Title to Properties; Liens. Borrower and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens, other than Permitted Encumbrances.

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Title to Properties; Liens. Borrower The Lessee and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective the properties and assets reflected in the financial statements referred to in subsection 5.3 5(c) or in the most recent financial statements state- ments delivered pursuant to subsection 6.16(a), in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.77(g). Except as permitted by this AgreementLease, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Title to Properties; Liens. Borrower Holdings and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreementsubsections 7.2 and 7.7 except in cases, all individually or in the aggregate, where any such properties and assets are free and clear of Lienstitle defects could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (La Quinta Properties Inc)

Title to Properties; Liens. Borrower Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.77.7 and except for such defects that individually or in the aggregate would not have a Material Adverse Effect. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Security Agreement (FTD Group, Inc.)

Title to Properties; Liens. The Borrower and its Domestic Subsidiaries have (ia) good, sufficient and legal title to (in the case of fee interests in real property), (iib) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iiic) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 Section 4.6 or in the most recent financial statements delivered pursuant to subsection Section 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7Section 7.8. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Applied Optoelectronics, Inc.)

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Title to Properties; Liens. Borrower Each Loan Party and its Subsidiaries have each Subsidiary thereof has (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Mitel Corp)

Title to Properties; Liens. Borrower Company and its Restricted Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under by subsection 7.77.7 and except for such defects that individually or in the aggregate would not reasonably be expected to have a Material Adverse Effect. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens.Liens except for Liens permitted pursuant to subsection 7.2A.

Appears in 1 contract

Samples: Credit Agreement (United Online Inc)

Title to Properties; Liens. Borrower The Company and its Subsidiaries have (i) good, sufficient and legal good marketable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or ) and (iii) good title to (in the case of all other personal property), all of their respective material properties and assets 120 reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are held free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Las Vegas Sands Corp)

Title to Properties; Liens. Borrower The Company and its Restricted Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 Section 6.03 or in the most recent financial statements delivered pursuant to subsection 6.1Section 7.01, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7by Section 8.07 and except for such defects that individually or in the aggregate would not reasonably be expected to have a Material Adverse Effect. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (United Online Inc)

Title to Properties; Liens. The Borrower and its Restricted Subsidiaries have (i) good, sufficient and legal good marketable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or ) and (iii) good title to (in the case of all other personal property), all of their respective material properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are held free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Las Vegas Sands Corp)

Title to Properties; Liens. Borrower A. Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.77.7 and except for an encroachment relating to the relocation of a portion of the golf course at Mesquite, Nevada. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Players International Inc /Nv/)

Title to Properties; Liens. Borrower Holdings and its Subsidiaries have (i) good, sufficient good record and legal marketable fee simple title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective material properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, and in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.77.7 and except for any deficiencies of title which could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Except as permitted by subsection 7.2 of this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Maidenform Brands, Inc.)

Title to Properties; Liens. Borrower The Company and its Restricted Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all 84 other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 Section 6.03 or in the most recent financial statements delivered pursuant to subsection 6.1Section 7.01, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7by Section 8.07 and except for such defects that individually or in the aggregate would not reasonably be expected to have a Material Adverse Effect. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (FTD Companies, Inc.)

Title to Properties; Liens. Borrower Company and its the Material Domestic Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under pursuant to subsection 7.7. Except as permitted by pursuant to this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Urs Corp /New/)

Title to Properties; Liens. Borrower Company and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7, and except for such defects in title and interests that do not interfere with the ability of Company and its Subsidiaries to conduct their business. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

Title to Properties; Liens. The Borrower and its Subsidiaries have (ia) good, sufficient insurable and legal title to (in the case of fee interests in real property), (iib) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iiic) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 Section 4.6 or in the most recent financial statements delivered pursuant to subsection Section 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7pursuant to the reasonable business requirements of the Borrower and its Subsidiaries. Except as permitted by this Agreement, all All such properties and assets are free and clear of Liens, other than Permitted Liens.

Appears in 1 contract

Samples: Discretionary Demand Credit Agreement (Alteva, Inc.)

Title to Properties; Liens. Borrower and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), or (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the financial statements referred to in subsection 5.3 or in the most recent financial statements 108 delivered pursuant to subsection 6.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under subsection 7.7. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

Appears in 1 contract

Samples: Security Agreement (Isle of Capri Casinos Inc)

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