Title to Collateral Clause Samples
The "Title to Collateral" clause establishes who holds legal ownership of the collateral provided under an agreement. Typically, this clause clarifies whether the lender or the borrower retains title to assets such as property, equipment, or securities that are pledged as security for a loan. For example, in some arrangements, the borrower keeps title but grants the lender a security interest, while in others, title may transfer to the lender until obligations are fulfilled. The core function of this clause is to clearly define ownership rights, thereby reducing disputes and ensuring both parties understand their rights and responsibilities regarding the collateral.
Title to Collateral. At the date hereof the Borrower is (and as to Collateral that the Borrower may acquire after the date hereof, will be) the lawful owner of the Collateral, and the Collateral and each item thereof is, will be and shall continue to be free of all restrictions, liens, encumbrances or other rights, title or interests (other than the security interest therein granted to the Bank), credits, defenses, recoupments, set-offs or counterclaims whatsoever. The Borrower has and will have full power and authority to grant to the Bank a security interest in the Collateral and the Borrower has not transferred, assigned, sold, pledged, encumbered, subjected to lien or granted any security interest in, and will not transfer, assign, sell (except sales or other dispositions in the ordinary course of business in respect to inventory as expressly permitted in this Agreement), pledge, encumber, subject to lien or grant any security interest in any of the Collateral (or any of the Borrower's right, title or interest therein), to any person other than the Bank. The Collateral is and will be valid and genuine in all respects. The Borrower will warrant and defend the Bank's right to and interest in the Collateral against all claims and demands of all persons whatsoever.
Title to Collateral. The Grantor is the sole owner of, and has good, valid, and marketable title to, the Collateral, free from all Liens other than Permitted Liens, and the Grantor has full right and power to grant the Administrative Agent for the benefit of the Secured Parties a lien thereon and a security interest therein.
Title to Collateral. The Collateral is owned by Borrower, free and clear of all liens and other encumbrances of any kind (including liens or other encumbrances upon properties acquired or to be acquired under conditional sales agreement or other title retention devised), excepting only liens in favor of Lender.
Title to Collateral. Except for the security interests granted to the Agent pursuant to this Security Agreement and as otherwise permitted by Section 6.2(a) of the Revolving Credit Agreement, the Debtor is the sole owner of each item of the Collateral, having good and marketable title thereto, free and clear of any and all Liens.
Title to Collateral. Legal title to the Collateral shall be vested at all times in the Trust as a separate legal entity and shall be held and administered by the Delaware Trustee for the benefit of the Trust and each Securityholder, except that with respect to the Collateral collaterally assigned to the Indenture Trustee, legal title to the Collateral shall be vested at all times in the Indenture Trustee, for the benefit of the applicable Holders and such Collateral shall be held by the Indenture Trustee.
Title to Collateral. Pledgor shall at all times hereafter have and maintain good and marketable title to the Collateral pledged by it, free of all Liens (other than the Lien created by this Agreement) and Transfer Restrictions, and, subject to the terms of this Agreement, will at all times hereafter have and maintain good, right and lawful authority to assign, transfer and pledge such Collateral and all such additions to such Collateral and substitutions for such Collateral under this Agreement.
Title to Collateral. Subject to Section 20 hereof, the Pledgor warrants and represents that (i) it is the lawful owner of the Collateral, and has the full right, power, and authority to convey, transfer, and grant the security title and security interest in the Collateral granted herein to the Lender; (ii) all licenses relating to the Collateral are fully paid and freely assignable to Lender, and, upon the occurrence of an Event of Default (as defined herein) and foreclosure by the Lender, the Lender shall have all rights of the Pledgor to any Collateral licensed to the Pledgor or licensed by the Pledgor; (iii) the Collateral is not, and so long as this Agreement is in effect will not be, subject to any liens, claims, security interests, encumbrances, taxes, or assessments, however described or denominated, except for liens, claims, security interests and encumbrances in favor of the Lender and except as set forth on Exhibit "A" hereto; (iv) no financing statement, mortgage, notice of lien, deed of trust, deed to secure debt, security agreement, or any other agreement or instrument creating an encumbrance, lien, charge against any of the Collateral is in existence or on file in any public office, other than financing statements (or other appropriate security documentation) filed on behalf of the Lender or disclosed on Exhibit "A" hereto; and (v) all information with respect to the Collateral and the Pledgor's Liabilities, or any of them, set forth in any written schedule, certificate, or other document at any time heretofore or hereafter furnished by RCA or the Pledgor to the Lender, including any Borrowing Base Certificate referred to in Section 4 of that certain Security Agreement dated as of even date herewith executed by RCA to the Lender (the "RCA Security Agreement"), and all other written information heretofore or hereafter furnished by the Pledgor to the Lender, is and will be true and correct in all material respects as of the date furnished.
Title to Collateral. (a) Except for the Security Interest herein granted and Liens not expressly prohibited by the Indentures, Pledgor shall be the owner of the Collateral free from (and Pledgor shall not create or suffer to exist on the Collateral) any Lien; and (
Title to Collateral. The Company will have at the time it acquires rights in Collateral hereafter acquired or arising and will maintain so long as the Security Interest may remain outstanding, title to each item of Collateral (including the proceeds and products thereof), free and clear of all liens except for the Security Interest and Permitted Liens. The Company will not license any Collateral. The Company will defend the Collateral against all claims or demands of all Persons (other than the Secured Party and any other party secured by the Star Buds Security Interests) claiming the Collateral or any interest therein.
Title to Collateral. The Grantor has (or will have at the ------------------- time it acquires rights in Collateral hereafter acquired or arising) and will maintain so long as the Security Interest may remain outstanding, title to each item of Collateral (including the proceeds and products thereof), free and clear of all Liens except the Security Interest and except Liens permitted by the Credit Agreement. The Grantor will defend the Collateral against all claims or demands of all Persons (other than the Secured Party) claiming the Collateral or any interest therein. As of the date of execution of this Security Agreement, no effective financing statement or other similar document used to perfect and preserve a security interest under the laws of any jurisdiction (a "Financing Statement") covering all or any part of the Collateral is on file in any recording office, except such as may have been filed (a) in favor of the Secured Party relating to this Agreement, or (b) to perfect Liens permitted by the Credit Agreement.