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.

Appears in 6 contracts

Samples: Loan and Security Agreement (Dynatronics Corp), Loan and Security Agreement (Flux Power Holdings, Inc.), Loan and Security Agreement (Polar Power, Inc.)

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Borrower Existence. The Borrower shall at all times (a) preserve and maintain its (a) 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.

Appears in 5 contracts

Samples: Loan Agreement (Helpful Alliance Co), Loan Agreement (Helpful Alliance Co), Loan Agreement (Helpful Alliance Co)

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 conductingconducting or such other business reasonably related or ancillary thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (FC Global Realty Inc), Loan and Security Agreement (FC Global Realty Inc)

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)necessary, and (c) continue as a going concern in the business which the such Borrower is presently conducting.

Appears in 1 contract

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)

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 such Borrower is presently conducting.

Appears in 1 contract

Samples: Loan and Security Agreement (Hill International, 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 Adverse Effect), and (c) shall at all times continue as a going concern in the business which the Borrower is presently conducting.

Appears in 1 contract

Samples: Loan Agreement (Lime Energy Co.)

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 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.

Appears in 1 contract

Samples: Loan Agreement (Birner Dental Management Services 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.

Appears in 1 contract

Samples: Loan Agreement (Neogen Corp)

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