Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state of incorporation (or formation) and in each other state requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
Appears in 6 contracts
Samples: Credit Agreement (Earth Biofuels Inc), Credit Agreement (PNG Ventures Inc), Credit Agreement (Earth Biofuels Inc)
Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state jurisdiction of incorporation (or formation) and (subject to Section 6.16 below) in each other state jurisdiction reasonably requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification, in form and substance reasonably satisfactory to Agent.
Appears in 3 contracts
Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Response Genetics Inc), Credit Agreement (Response Genetics Inc)
Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authoritygovernmental authority, (ii) good standing certificates in its state jurisdiction of incorporation (or formation) and in each other state jurisdiction requested by AgentLender, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
Appears in 2 contracts
Samples: Credit Agreement (Atlas Industries Holdings LLC), Credit Agreement (Atlas Industries Holdings LLC)
Authorization Documents. For each Loan Note Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state of incorporation (or formation) and in each other state requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body, including the manager of a manager managed limited liability company) approving and authorizing such Person’s execution, delivery and performance of the Loan Investment Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Investment Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
Appears in 2 contracts
Samples: Subordination Agreement (CNL Strategic Capital, LLC), Note Purchase Agreement (CNL Strategic Capital, LLC)
Authorization Documents. For each Loan Party, such Person’s 's (i) charter (or similar formation document), certified by the appropriate Governmental Authoritygovernmental authority, (ii) good standing certificates in its state of incorporation (or formation) and in each other state requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s 's execution, delivery and performance of the Loan Subordinated Notes Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Subordinated Notes Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
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Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state jurisdiction of incorporation (or formation) and in each other state jurisdiction reasonably requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance [Biolase] Credit Agreement #61304369 of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification, in form and substance reasonably satisfactory to Agent.
Appears in 1 contract
Samples: Credit Agreement (Biolase, Inc)
Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state of incorporation (or formation) and in each other state requested by AgentAgent or a Lender, (iii) limited liability company agreement, partnership agreement, bylaws (and similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
Appears in 1 contract
Samples: Credit Agreement (PNG Ventures Inc)
Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state jurisdiction of incorporation (or formation) and in each other state jurisdiction set forth on Schedule 5.1 to the extent reasonably requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification, in form and substance reasonably satisfactory to Agent.
Appears in 1 contract
Authorization Documents. For each Loan Note Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state of incorporation (or formation) and in each other state requested by Agent, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body, including the manager of a manager-managed limited liability company) approving and authorizing such Person’s execution, delivery and performance of the Loan Investment Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Investment Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
Appears in 1 contract
Samples: Note Purchase Agreement (CNL Strategic Capital, LLC)
Authorization Documents. For each Loan Party, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, if applicable, (ii) good standing certificates in its state jurisdiction of incorporation (or formation) and in each other state jurisdiction reasonably requested by Agent, in each case, if applicable, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification, in form and substance reasonably satisfactory to Agent.
Appears in 1 contract
Samples: Credit Agreement (SWK Holdings Corp)
Authorization Documents. For each Loan PartyParty and sponsor-party to the Maintenance Agreement, such Person’s (i) charter (or similar formation document), certified by the appropriate Governmental Authority, (ii) good standing certificates in its state of incorporation (or formation) and in each other state requested by AgentLender, (iii) limited liability company agreement, partnership agreement, bylaws (and or similar governing document), (iv) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby, and (v) signature and incumbency certificates of its officers executing any of the Loan Documents, all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.
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