Common use of Borrower Existence Clause in Contracts

Borrower Existence. The Borrower shall at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Appears in 7 contracts

Samples: Loan and Security Agreement (Argyle Security, Inc.), Loan and Security Agreement (Parlux Fragrances Inc), Loan and Security Agreement (CHS Inc)

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Borrower Existence. The Borrower shall and shall cause each of its Subsidiaries to at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Appears in 4 contracts

Samples: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Primoris Services CORP)

Borrower Existence. The Borrower shall at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Millennium Ethanol, LLC), And Security Agreement (Millennium Ethanol, LLC)

Borrower Existence. The Borrower shall at all times preserve and maintain (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number on the Restatement Date and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (PLM Equipment Growth Fund V)

Borrower Existence. The Each Borrower shall at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the each Borrower is presently conducting. If the any Borrower does not have an Organizational Identification Number and later obtains one, the Borrower Borrowers shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (Amerinac Holding Corp.)

Borrower Existence. The Borrower shall at all times preserve and maintain (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number on the Closing Date and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (PLM Equipment Growth Fund V)

Borrower Existence. The Borrower shall at all times preserve and maintain (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)

Borrower Existence. The Borrower shall at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Land Lease Inc)

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Borrower Existence. The Borrower shall at all times preserve and maintain its (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Materially Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 1 contract

Samples: Security Agreement (Presto Automation Inc.)

Borrower Existence. The Borrower shall at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organizationformation, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (Chromcraft Revington Inc)

Borrower Existence. The Borrower shall at all times preserve and maintain its (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank Lender of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Ally, Inc.)

Borrower Existence. The Borrower shall at all times preserve and maintain its (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)

Borrower Existence. The Borrower shall at all times preserve and maintain (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, and (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Appears in 1 contract

Samples: Credit Agreement (Integrity Media Inc)

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