Common use of Titles, etc Clause in Contracts

Titles, etc. (a) Each of the Borrower and its Subsidiaries and each Acquired Entity has good and defensible title to its material (individually or in the aggregate) Properties, free and clear of all Liens, except Liens permitted by Section 9.02. (b) All leases and agreements necessary for the conduct of the business of the Borrower and its Subsidiaries and each Acquired Entity are valid and subsisting, in full force and effect and there exists no default or event or circumstance which with the giving of notice or the passage of time or both would give rise to a default under any such lease or leases, which would affect in any material respect the conduct of the business of the Borrower and its Subsidiaries. (c) The licenses, rights, Properties and other assets presently owned, leased or licensed by the Borrower and its Subsidiaries and each Acquired Entity, include all rights, Properties and other assets necessary to permit the Borrower and its Subsidiaries and each Acquired Entity to conduct their business in all material respects in the same manner as its business has been conducted prior to the Closing Date. (d) All of the assets and Properties of the Borrower and its Subsidiaries and each Acquired Entity which are reasonably necessary for the operation of its business are in good working condition and are maintained in accordance with prudent business standards.

Titles, etc. (a) Each Except as set out in SCHEDULE 7.10, each of the Borrower and its the Subsidiaries and each Acquired Entity has good and defensible title to its material (individually or in the aggregate) Properties, free and clear of all Liens, Liens except Liens permitted by Section 9.02. (b) All leases and agreements necessary for the conduct of the business of the Borrower and its the Subsidiaries and each Acquired Entity are valid and subsisting, in full force and effect and there exists no default or event or circumstance which with the giving of notice or the passage of time or both would give rise to a default under any such lease or leases, which would affect in any material respect the conduct of the business of the Borrower and its the Subsidiaries. (c) The licenses, rights, Properties and other assets presently owned, leased or licensed by the Borrower and its the Subsidiaries including, without limitation, all easements and each Acquired Entityrights of way, include all rights, Properties and other assets necessary to permit the Borrower and its the Subsidiaries and each Acquired Entity to conduct their business in all material respects in the same manner as its business has been conducted prior to the Closing Date. (d) All of the assets and Properties of the Borrower and its the Subsidiaries and each Acquired Entity which are reasonably necessary for the operation of its business are in good working condition and are maintained in accordance with prudent business standards.

Titles, etc. (a) Each Except as set out in Schedule 7.10, each of the Borrower and its Subsidiaries and each Acquired Entity has good and defensible title to its material (individually or in the aggregate) Properties, free and clear of all Liens, Liens except Liens permitted by Section 9.02. (b) All leases and agreements necessary for the conduct of the business of the Borrower and its Subsidiaries and each Acquired Entity are valid and subsisting, in full force and effect and there exists no default or event or circumstance which with the giving of notice or the passage of time or both would give rise to a default under any such lease or leases, which would adversely affect in any material respect the conduct of the business of the Borrower and its Subsidiaries. (c) The licenses, rights, Properties and other assets presently owned, leased or licensed by the Borrower and its Subsidiaries including, without limitation, all easements and each Acquired Entityrights of way, include all rights, Properties and other assets necessary to permit the Borrower and its Subsidiaries and each Acquired Entity to conduct their business in all material respects in the same manner as its business has been conducted prior to the Closing Date. (d) All Except as provided in Schedule 7.10, all of the assets and Properties of the Borrower and its Subsidiaries and each Acquired Entity which are reasonably necessary for the operation of its business are in good working condition and are maintained in accordance with prudent business standards. (e) After the Initial Funding the Borrower shall own good and marketable title to 100% of the common stock of Kinder ▇▇▇▇▇▇ ▇.▇., and Kinder ▇▇▇▇▇▇ ▇.▇. shall have no other stock issued or outstanding other than the common stock owned by the Borrower and pledged to the Agent for the benefit of the Lenders.

Titles, etc. (a) Each of Except as set out in Schedule 7.10, the US Borrower and its Subsidiaries and each Acquired Entity has have good and defensible marketable title to its their material (individually or in the aggregate) Properties, (i) except in cases where the failure to have said good and marketable title would not reasonably cause a Material Adverse Effect and (ii) free and clear of all Liens, except Liens permitted by Section 9.0210.02. (b) All leases and agreements necessary for the conduct of the business of the US Borrower and its Subsidiaries and each Acquired Entity are valid and subsisting, in full force and effect and there exists no default or event or circumstance which with the giving of notice or the passage of time or both would give rise to a default under any such lease or leases, which would affect in any material respect the conduct of the business of the US Borrower and its Subsidiaries. (c) The licenses, rights, Properties and other assets presently owned, leased or licensed by the US Borrower and its Subsidiaries including, without limitation, all easements and each Acquired Entityrights of way, include all rights, Properties and other assets necessary to permit the US Borrower and its Subsidiaries and each Acquired Entity to conduct their business in all material respects in the same manner as its business has been conducted prior to the Closing Date. (d) All of the assets and Properties of the US Borrower and its Subsidiaries and each Acquired Entity (taken as a whole) which are reasonably necessary for the operation of its business are in good working condition and are maintained in accordance with prudent business standards.

Titles, etc. (a) Each of Except as set out in Schedule 7.10, the Borrower and its Subsidiaries and each Acquired Entity Subsidiary has good and defensible title to its material (individually or in the aggregate) Properties, free and clear of all Liens, Liens except Liens permitted by Section 9.02. (b) All leases and agreements necessary for the conduct of the business of the Borrower and its the Subsidiaries and each Acquired Entity are valid and subsisting, in full force and effect and there exists no default or event or circumstance which with the giving of notice or the passage of time or both would give rise to a default under any such lease or leases, which would affect in any material respect the conduct of the business of the Borrower and its the Subsidiaries. (c) The licenses, rights, Properties and other assets presently owned, leased or licensed by the Borrower and its the Subsidiaries including, without limitation, all easements and each Acquired Entityrights of way, include all rights, Properties and other assets necessary to permit the Borrower and its the Subsidiaries and each Acquired Entity to conduct their business in all material respects in the same manner as its business has been conducted prior to the Closing Date. (d) All of the assets and Properties of the Borrower and its the Subsidiaries and each Acquired Entity which are reasonably necessary for the operation of its business are in good working condition and are maintained in accordance with prudent business standards.