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

Title to Properties; Priority of Liens. Each Borrower and Subsidiary has good and marketable title to (or valid leasehold interests in) all of its Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders, in each case free of Liens except Permitted Liens or any defects in title which do not constitute Liens and that individually or in the aggregate could not reasonably be expected to have a Material Adverse Effect. Each Borrower and Subsidiary has paid and discharged all lawful claims that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. Obligors have not entered into any PACE Financing and have no knowledge of any pending assessments or adjustments therefor with respect to their Properties. Subject to any actions required to be taken solely by Agent, including the filing of UCC-1 financing statements, all Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.

Title to Properties; Priority of Liens. Each Borrower and Subsidiary has good and marketable title to (or valid leasehold interests in) all of its Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders, in each case free of Liens except Permitted Liens or any defects in title which do not constitute Liens and that individually or in the aggregate could not reasonably be expected to have a Material Adverse Effect. Each Borrower and Subsidiary has paid and discharged all lawful claims that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. Obligors have not entered into any PACE Financing and have no knowledge of any pending assessments or adjustments therefor with respect to their Properties. Subject to any actions required to be taken solely by Agent, including the filing of UCC-1 financing statements, all Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.

Title to Properties; Priority of Liens. Each Borrower Obligor and Subsidiary has its Subsidiaries has, in all material respects, good and marketable title to (or valid leasehold interests in) all of its material Real Estate, and good title to all of its material personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders, in each case free of Liens except Permitted Liens or any defects Liens, except in title which do not constitute Liens and that individually or in the aggregate each case as could not reasonably be expected to have a Material Adverse Effect. Each Borrower Obligor and Subsidiary its Subsidiaries has paid and discharged or is being Properly Contested all lawful claims that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. Obligors have not entered into any PACE Financing and have no knowledge of any pending assessments or adjustments therefor with respect to their Properties. Subject to any actions required to be taken solely by Agent, including the filing of UCC-1 financing statements, all All Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to the Intercreditor Agreement and Permitted Liens that are expressly allowed to have priority over Agent’s Liens.

Title to Properties; Priority of Liens. Each Borrower Obligor and Subsidiary has good and marketable title to (or valid leasehold interests in) all of its Real EstateEligible Inventory and Eligible Accounts. Except as would not reasonably be expected to cause a Material Adverse Effect, each Obligor and its Subsidiary has good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or LendersLender, in each case free of Liens except Permitted Liens or any defects in title which do not constitute Liens and that individually or in the aggregate could not reasonably be expected to have a Material Adverse EffectLiens. Each Borrower Obligor and Subsidiary has paid and discharged all lawful claims that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. Obligors have not entered into any PACE Financing and have no knowledge of any pending assessments or adjustments therefor with respect to their Properties. Subject to any actions required to be taken solely by Agent, including the filing of UCC-1 financing statements, all All Liens of Agent Lender in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over AgentLender’s Liens.

Title to Properties; Priority of Liens. Each Borrower and Subsidiary has good and marketable title to (or valid leasehold interests in) all of its Real Estate, and good title to all of its personal Property, including all Property reflected in any financial statements delivered to Agent or Lenders, in each case free of Liens except Permitted Liens or any defects in title which do not constitute Liens and that individually or in the aggregate could not reasonably be expected to have a Material Adverse Effect. Each Borrower and Subsidiary has paid and discharged all lawful claims that, if unpaid, could become a Lien on its Properties, other than Permitted Liens. Obligors have not entered into any PACE Financing and have no knowledge of any pending assessments or adjustments therefor with respect to their Properties. Subject to any actions required to be taken solely by Agent, including the filing of UCC-1 financing statementsstatements and the recording of Mortgages, all Liens of Agent in the Collateral are duly perfected, first priority Liens, subject only to Permitted Liens that are expressly allowed to have priority over Agent’s Liens.