Common use of Assets and Properties Clause in Contracts

Assets and Properties. The Borrowers and each of their Subsidiaries have good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially all of the assets and Property owned by, leased to, or used by the Borrowers and/or each such Subsidiary is in adequate operating condition and repair, ordinary wear and tear excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either Borrower or any Subsidiary of either Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Each Borrower and each of their Subsidiaries have Guarantor has good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens Liens, except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially all of the assets and Property owned by, leased to, or used by the Borrowers any Borrower and/or each such Subsidiary Guarantor is in adequate operating condition and repair, ordinary wear and tear exceptedexcepted (other than Inventory classified as "AR", "R", and "BER"), is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either any Borrower or any Subsidiary of either Borrower Guarantor in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Borrower and each of their the Material Subsidiaries have has good and marketable title to substantially all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens except Liens securing the Obligations and Liens permitted under Section 10.039.03. Substantially all of the assets and Property owned by, by or leased to, or to and used by the Borrowers Borrower and/or each such Material Subsidiary which is material to the operation of their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either the Borrower or any Material Subsidiary of either the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Each Borrower and each Subsidiary of their Subsidiaries have the Borrowers has good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially Substan- tially all of the assets and Property owned by, leased to, or used by any Borrower and/or each Subsidiary of the Borrowers and/or each such Subsidiary in their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either any Borrower or any Subsidiary of either Borrower the Borrowers in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Borrower and each Subsidiary of their Subsidiaries have the Borrower has good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially Substan-tially all of the assets and Property owned by, leased to, or used by the Borrowers Borrower and/or each such Subsidiary of the Borrower in their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operationsopera-tions, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction DocumentLoan Docu-ment, nor any transaction contemplated contem-plated under any such agreement, will affect any right, title or interest of either the Borrower or any Subsidiary of either the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers RHI, the Borrower and each Subsidiary of their Subsidiaries have the Borrower has good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens except Liens securing the Obligations and Liens permitted under Section 10.03. Substantially all of the assets and Property owned by, leased to, or used by RHI, the Borrowers Borrower and/or each such Subsidiary of the Borrower in their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either RHI, the Borrower or any Subsidiary of either the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Borrower and each of their the Material Subsidiaries have has good and marketable title to substantially all of the assets and Property property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property property are free and clear of all Liens except Liens securing the Obligations and Liens permitted under Section 10.039.03. Substantially all of the assets and Property property owned by, by or leased to, or to and used by the Borrowers Borrower and/or each such Material Subsidiary which is material to the operation of their respective businesses is in adequate operating condition and repair, ordinary wear and tear excepted, is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either the Borrower or any Material Subsidiary of either the Borrower in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Borrower and each of their Subsidiaries have Guarantor has good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens Liens, except Liens securing the Obligations and Liens permitted under Section SECTION 10.03. Substantially all of the assets and Property owned by, leased to, or used by the Borrowers Borrower and/or each such Subsidiary the Guarantors is in adequate operating condition and repair, ordinary wear and tear exceptedexcepted (other than Inventory classified as "AR", "R", and "BER"), is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either the Borrower or any Subsidiary of either Borrower Guarantor in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.

Assets and Properties. The Borrowers Each Borrower and each of their Subsidiaries have Guarantor has good and marketable title to all of the assets and Property (tangible and intangible) owned by them, respectively, it (except insofar as marketability may be limited by any laws or regulations of any Governmental Authority affecting such assets), and all such assets and Property are free and clear of all Liens Liens, except Liens securing the Obligations and Liens permitted under Section SECTION 10.03. Substantially all of the assets and Property owned by, leased to, or used by the Borrowers any Borrower and/or each such Subsidiary Guarantor is in adequate operating condition and repair, ordinary wear and tear exceptedexcepted (other than Inventory classified as "AR", "R", and "BER"), is free and clear of any known defects except such defects as do not substantially interfere with the continued use thereof in the conduct of normal operations, and is able to serve the function for which they are currently being used, except in each case where the failure of such asset to meet such requirements would not, or is not reasonably likely to, result in a Material Adverse Effect. Neither this Agreement nor any other Transaction Loan Document, nor any transaction contemplated under any such agreement, will affect any right, title or interest of either any Borrower or any Subsidiary of either Borrower Guarantor in and to any of such assets in a manner that would, or is reasonably likely to, result in a Material Adverse Effect.