Common use of Investment Assets Clause in Contracts

Investment Assets. Each of Parent and its Consolidated Subsidiaries has good title to all securities, indebtedness and other financial instruments owned by it, free and clear of any material Liens, except to the extent such securities, indebtedness or other financial instruments, as applicable, are pledged in the ordinary course of business consistent with past practice to secure obligations of Parent or its Consolidated Subsidiaries under outstanding indebtedness and except for Liens consisting of restrictions on transfer agreed to in respect of investments entered into in the ordinary course of business.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ares Capital Corp), Agreement and Plan of Merger (Allied Capital Corp)

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Investment Assets. Each of Parent and its Consolidated Subsidiaries has good title to all securities, indebtedness Indebtedness and other financial instruments owned held by it, free and clear of any material Liens, except for Permitted Liens to the extent such securities, indebtedness Indebtedness or other financial instruments, as applicable, are pledged in the ordinary course of business consistent with past practice to secure obligations of Parent or and any of its Consolidated Subsidiaries under outstanding indebtedness and except for Liens consisting of restrictions on transfer agreed to in respect of investments entered into in the ordinary course of business.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ares Capital Corp), Agreement and Plan of Merger (American Capital, LTD)

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