Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, 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. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 22 contracts
Sources: Securities Purchase Agreement (Digital Angel Corp), Securities Purchase Agreement (Socket Communications Inc), Securities Purchase Agreement (Digital Angel Corp)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, 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 chargeEncumbrance, other than (a) those resulting from taxes which have not yet become delinquent, (b) minor liens and encumbrances Encumbrances reflected in the Financial Statements or which do not materially detract from the value of the property subject thereto or materially impair the operations of the Companythereto, and (c) those that have otherwise arisen in the ordinary course Ordinary Course of businessBusiness. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.
Appears in 6 contracts
Sources: Common Stock Purchase Agreement (Ontro Inc), Common Stock Purchase Agreement (Ontro Inc), Common Stock Purchase Agreement (Ontro Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (ai) those resulting from taxes which have not yet become delinquent, (bii) 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, Company and (ciii) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. 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 a Convertible Participating Preferred Stock Purchase Agreement (Friendable, Inc.), Series C Preferred Stock Purchase Agreement (Genomica Corp /De/), Series B Preferred Stock Purchase Agreement (Genomica Corp /De/)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, 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. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair repair, normal wear and tear excepted, and are reasonably fit and usable for the purposes for which they are being used. 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: Securities Purchase Agreement (Spirits Capital Corp), Securities Purchase Agreement (Spirits Capital Corp), Securities Purchase Agreement (Ilive Inc/Nv)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, 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. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair repair, ordinary wear and tear excepted, and are reasonably fit and usable for the purposes for which they are being used. 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: Securities Purchase Agreement (Bestnet Communications Corp), Stock Purchase Agreement (Bestnet Communications Corp), Securities Purchase Agreement (Bestnet Communications Corp)
Title to Properties and Assets; Liens, Etc. The Company Except as set forth in Schedule 4.4, Buyer has good and marketable title to its properties and assets, 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 CompanyBuyer, and (c) those that have otherwise arisen in the ordinary course of businesscourse. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company Buyer in their respective businesses are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. The Company Buyer is in compliance with all material terms of each lease to which it each is a party or is otherwise bound.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Inphonic Inc), Asset Purchase Agreement (Inphonic Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (ai) those resulting from taxes which have not yet become delinquent, (bii) 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 (ciii) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. 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: Series B Preferred Stock and Warrant Purchase Agreement (Improvenet Inc), Warrant Purchase Agreement (Improvenet Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, 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. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. 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: Convertible Note Purchase Agreement (Idial Networks Inc)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, 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. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. The To the best of the Company's knowledge, 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: Securities Purchase Agreement (Global Sports & Entertainment Inc/)
Title to Properties and Assets; Liens, Etc. The Company has good and marketable title to its properties and assets, and good title to its leasehold estates, in each case subject to no mortgage, pledge, lien, lease, encumbrance or charge, other than (ai) those resulting from taxes which have not yet become delinquent, (bii) 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 (ciii) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. 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, and good title to its leasehold estates, in each 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 Company or any of its Subsidiaries; and
(c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company and its Subsidiaries are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. The Company is and its Subsidiaries are 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, and good title to its leasehold estates, in each 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 ; and
(c) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. 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: Securities Purchase Agreement (RPM Technologies 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 (ai) those resulting from taxes which have not yet become delinquent, (bii) minor liens and encumbrances which do Encumbrances that would not materially detract from the value of the property subject thereto or materially impair the operations of the Companyhave a Material Adverse Effect, and (ciii) those that have otherwise arisen in the ordinary course of business. All facilities, machinery, equipment, fixtures, vehicles and other properties owned, leased or used by the Company are in good operating condition and repair and are reasonably fit and usable for the purposes for which they are being used. 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