Equipment and Fixed Assets. (a) The Sellers and their Subsidiaries have good and marketable title to all Equipment and Fixed Assets, free and clear of all Encumbrances other than Permitted Encumbrances, except where the failure to have such good and marketable title would not reasonably be expected, individually or in the aggregate, to be material to the Purchased Business or materially delay or impair any of the transactions contemplated hereby.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Contura Energy, Inc.), Asset Purchase Agreement (Contura Energy, Inc.), Asset Purchase Agreement (Alpha Natural Resources, Inc.)
Equipment and Fixed Assets. (a) The Sellers and their Subsidiaries have good and marketable title to all Equipment and Fixed Assets, free and clear of all Encumbrances other than Permitted Encumbrances, except where the failure to have such good and marketable title would not reasonably be expected, individually or in the aggregate, expected to be material to the Purchased Business or materially delay or impair any of the transactions contemplated herebyBusiness.
Appears in 2 contracts
Samples: Asset Purchase Agreement (James River Coal CO), Asset Purchase Agreement (James River Coal CO)