Common use of Priority of Liens; Title to Properties Clause in Contracts

Priority of Liens; Title to Properties. The security interests and liens granted to Agent under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 23 contracts

Samples: Loan and Security Agreement (Officemax Inc), Loan and Security Agreement (Farmer Brothers Co), Loan and Security Agreement (Latrobe Specialty Metals, Inc.)

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Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 7 contracts

Samples: Loan and Security Agreement (Vitacost.com, Inc.), Loan and Security Agreement (Swank Inc), Loan and Security Agreement (Ic Isaacs & Co Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 4 contracts

Samples: Loan and Security Agreement (Pemstar Inc), Loan and Security Agreement (Reptron Electronics Inc), Loan and Security Agreement (Reptron Electronics Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 4 contracts

Samples: Loan and Security Agreement (Lydall Inc /De/), Loan and Security Agreement (Farmer Brothers Co), Loan and Security Agreement (Langer Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 3 contracts

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.), Loan and Security Agreement (Hancock Fabrics Inc), Loan and Security Agreement (Hancock Fabrics Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to in the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are specifically listed on Schedule 8.4 to in the Information Certificate or permitted under Section 9.8 hereof.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements are intended to constitute valid and perfected first priority liens and security interests in and upon the Collateral Collateral, subject only to the liens indicated on Schedule 8.4 to the Information Certificate 8.4, Permitted Liens and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property Properly and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are specifically listed on Schedule 8.4 to the Information Certificate 8.4, Permitted Liens, or liens permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Value Financial Services, Inc.)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property real property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Streicher Mobile Fueling Inc)

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Priority of Liens; Title to Properties. The security interests and liens granted to Agent under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other material properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlas Air Worldwide Holdings Inc)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereofCertificate. Each Borrower and each Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Lec Corp)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 to the Information Certificate and the other liens permitted under Section 9.8 hereof. Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Lender and such others as are 52 specifically listed on Schedule 8.4 to the Information Certificate or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Little Switzerland Inc/De)

Priority of Liens; Title to Properties. The security interests and liens granted to Agent Agent, for itself and the ratable benefit of Lenders, under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only (other than as to specific items of Collateral as to which the liens indicated on Schedule 8.4 security interest of Agent is not required as of the date hereof to be perfected consisting of the Information Certificate and the other liens permitted under Section 9.8 hereofExcluded Property). Each Borrower and Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Agent Agent, for itself and the ratable benefit of Lenders, and such others as are specifically listed on Schedule 8.4 to the Information Certificate hereto or permitted under Section 9.8 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

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