Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 25 contracts
Sources: Subscription Agreement (Investview, Inc.), Securities Purchase Agreement (Clean Wind Energy Tower, Inc.), Securities Purchase Agreement (Clean Wind Energy Tower, Inc.)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business; and (d) those that would not reasonably be expected to have a Material Adverse Effect. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 21 contracts
Sources: Securities Purchase Agreement (Coronado Biosciences Inc), Note Purchase Agreement (Coronado Biosciences Inc), Note Purchase Agreement (Aytu Bioscience, Inc)
Title to Properties and Assets; Liens, Etc. The Except as described in the 34 Act Reports, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsCompany’s financial statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 14 contracts
Sources: Securities Purchase Agreement (Sunovia Energy Technologies Inc), Subscription Agreement (National Investment Managers Inc.), Subscription Agreement (National Investment Managers Inc.)
Title to Properties and Assets; Liens, Etc. The Except as described in the SEC Reports, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsCompany’s financial statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargeEncumbrances, other than (a) those resulting from taxes which have not yet become delinquent; and (b) liens and encumbrances Encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business, none of which are material. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 10 contracts
Sources: Subscription Agreement (Uppercut Brands, Inc.), Subscription Agreement (Integral Technologies Inc), Subscription Agreement (SpendSmart Payments Co)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 5 contracts
Sources: Series B Preferred Stock Purchase Agreement, Series a Preferred Stock Purchase Agreement, Series C Preferred Stock Purchase Agreement (Veraz Networks, Inc.)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsCompany’s financial statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargeEncumbrances, other than (a) those resulting from taxes which have not yet become delinquent; and (b) liens and encumbrances Encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business, none of which are material. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 4 contracts
Sources: Agreement (Boxlight Corp), Subscription Agreement (Boxlight Corp), Subscription Agreement (Ubiquity, Inc.)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each the case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than than: (a) those resulting from taxes which have not yet become delinquent; (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each the lease to which it is a party or is otherwise bound.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 3 contracts
Sources: Note Purchase Agreement (Anthera Pharmaceuticals Inc), Note and Warrant Purchase Agreement (Anthera Pharmaceuticals Inc), Stock Purchase Agreement (Anthera Pharmaceuticals Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsReports, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business, none of which are material in amount. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 3 contracts
Sources: Series D Preferred Stock Purchase Agreement (I Storm Inc), Series D Preferred Stock Purchase Agreement (I Storm Inc), Series D Preferred Stock Purchase Agreement (I Storm Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company is are in compliance with all material terms of each lease to good operating condition and repair and are reasonably fit and usable for the purposes for which it is a party or is otherwise boundthey are being used.
Appears in 3 contracts
Sources: Series B Preferred Stock Purchase Agreement (Nocimed, Inc.), License and Sublicense Agreement (ARCA Biopharma, Inc.), Note and Warrant Purchase Agreement (ARCA Biopharma, Inc.)
Title to Properties and Assets; Liens, Etc. The Except as described in the SEC Reports, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsCompany's financial statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 2 contracts
Sources: Subscription Agreement (National Investment Managers Inc.), Subscription Agreement (National Investment Managers Inc.)
Title to Properties and Assets; Liens, Etc. The Except as described in the 34 Act Reports, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsCompany's financial statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 2 contracts
Sources: Subscription Agreement (National Investment Managers Inc.), Subscription Agreement (American Technologies Group Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 2 contracts
Sources: Note Purchase Agreement (Peninsula Pharmaceuticals Inc), Series a Preferred Stock Purchase Agreement (Oryx Technology Corp)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of businessbusiness and do not materially impair the Company’s ownership or use of such property or assets. The With respect to the property and assets it leases, the Company is in compliance with such leases in all material terms respects and holds a valid leasehold interest free of each lease any liens, claims or encumbrances, subject to which it is a party or is otherwise boundclauses (a) through (c) above.
Appears in 2 contracts
Sources: Series F Preferred Stock Purchase Agreement (LendingClub Corp), Series E Preferred Stock Purchase Agreement (LendingClub Corp)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargecharge (a “Lien”), other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease agreement to which it is a party or is otherwise bound.
Appears in 1 contract
Title to Properties and Assets; Liens, Etc. The To its knowledge, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 1 contract
Title to Properties and Assets; Liens, Etc. The Except as described in the Memorandum, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; (b) liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business; and (d) those that would not reasonably be expected to have a Material Adverse Effect. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (VioQuest Pharmaceuticals, Inc.)
Title to Properties and Assets; Liens, Etc. The Except as described in the Memorandum, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial StatementsCompany’s financial statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or chargeEncumbrances, other than (a) those resulting from taxes which have not yet become delinquent; and (b) liens and encumbrances Encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business, none of which are material. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 1 contract
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party parry or is otherwise bound.
Appears in 1 contract
Sources: Series a Preferred Stock and Series B Preferred Stock Purchase Agreement (Snowball Com Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Financial Statements, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (a) those resulting from taxes which have not yet become delinquent; , (b) minor liens and encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; , and (c) those that have otherwise arisen in the ordinary course of business. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 1 contract