Property and Assets. The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure Schedule.
Appears in 4 contracts
Samples: Series E Preferred Stock Purchase Agreement (Arrowpoint Communications Inc), Series D Preferred Stock Purchase Agreement (Arrowpoint Communications Inc), Series C Preferred Stock Purchase Agreement (Arrowpoint Communications Inc)
Property and Assets. The Company has good title to to, or a valid leasehold interest in, all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance Security Interest other than those the material terms of which are described in Section 3.12 the Balance Sheet or in the Schedule of the Disclosure ScheduleExceptions.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Eiger BioPharmaceuticals, Inc.), Series E Preferred Stock Purchase Agreement (Aduro Biotech, Inc.), Common Stock Purchase Agreement (Aduro Biotech, Inc.)
Property and Assets. The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure ScheduleBalance Sheet.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct), Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct)
Property and Assets. The Company has good title to to, or a valid leasehold interest in, all of its material properties and assets, including all properties and assets reflected in the Base Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance Lien other than those the material terms of which are described in Section 3.12 of the Disclosure ScheduleBase Balance Sheet or in Schedule 4.v.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (POSITIVEID Corp)
Property and Assets. The Company has good and marketable title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure Scheduleencumbrance.
Appears in 1 contract
Samples: Subscription and Investor Rights Agreement (CareView Communications Inc)
Property and Assets. The Company has good title to all of its ------------------- material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure ScheduleBalance Sheet or in Exhibit C attached hereto.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Proton Energy Systems Inc)
Property and Assets. The Company has good title to all of its --------------------- material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure ScheduleBalance Sheet, except as described on Schedule 4.14.
Appears in 1 contract
Samples: Solutions Financing Agreement (Pointe Communications Corp)
Property and Assets. The Company has good title to all of its material properties and assets, including all material properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge charge, or encumbrance other than those the material terms of which are encumbrances described in Section 3.12 of the Disclosure ScheduleBalance Sheet or the most recent balance sheet delivered to Purchaser pursuant to Subsection 7.2(a)(i) below (the "Most Recent Balance Sheet"), if any.
Appears in 1 contract
Samples: Investment Agreement (Airport Systems International Inc)
Property and Assets. The Company has good title to ------------------- to, or a valid leasehold interest in, all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance Security Interest other than those the material terms of which are described in Section 3.12 of the Balance Sheet or in the Disclosure Schedule.
Appears in 1 contract
Samples: Voting Agreement (Touchstone Applied Science Associates Inc /Ny/)
Property and Assets. The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure ScheduleBalance Sheet or in EXHIBIT C attached hereto.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Evergreen Solar Inc)
Property and Assets. The Company has good title to to, or a valid ------------------- leasehold interest in, all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance Security Interest other than those the material terms of which are described in the Balance Sheet or in Section 3.12 of the Disclosure Schedule.
Appears in 1 contract
Property and Assets. The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure Scheduleencumbrance.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Art Technology Group Inc)
Property and Assets. The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of businessbusiness as disclosed on Schedule 3.10 of the Company Disclosure Schedule, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance Lien other than those the material terms of which are described in Section 3.12 of the Balance Sheet or in Schedule 3.10 to the Company Disclosure Schedule.
Appears in 1 contract
Samples: Stock Purchase Agreement (NHP Inc)
Property and Assets. The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure ScheduleBalance Sheet or in Schedule 3.12.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Sequoia Software Corp)
