BORROWER REPRESENTS AND WARRANTS AS FOLLOWS. Borrower is duly existing and in good standing in its state of formation and qualified and licensed to do business in, and in good standing in, any state in which the conduct of its business or its ownership of property requires that it be qualified. The execution, delivery and performance of this Agreement has been duly authorized, and do not conflict with Borrower's formations documents, nor constitute an Event of Default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement to which or by which it is bound.
Appears in 3 contracts
Samples: Accounts Receivable Financing Agreement (Giga Information Group Inc), Accounts Receivable Financing Agreement (Navisite Inc), Accounts Receivable Financing Agreement (I Many Inc)
BORROWER REPRESENTS AND WARRANTS AS FOLLOWS. Borrower is duly existing and in good standing in its state of formation and qualified and licensed to do business in, and in good standing in, any state in which the conduct of its business or its ownership of property requires that it be qualified, except as otherwise provided in the Agreement. The execution, delivery and performance of this Agreement has been duly authorized, and do not conflict with Borrower's formations formation documents, nor constitute an Event of Default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement to which or by which it is bound, except as otherwise provided in the Agreement.
Appears in 1 contract
Samples: Accounts Receivable Financing Agreement (Loudeye Corp)
BORROWER REPRESENTS AND WARRANTS AS FOLLOWS. Borrower is duly existing and in good standing in its state of formation and qualified and licensed to do business in, and in good standing in, any state in each jurisdiction for which the conduct of its failure to so qualify would have a material adverse effect on Borrower's business or its ownership of property requires that it be qualifiedoperations. The execution, delivery and performance of this Agreement has been duly authorized, and do does not conflict with Borrower's formations documents, nor organizational documents or constitute an Event of Default under any material agreement by which Borrower is bound. Borrower is not in default under any material agreement to which or by which it is bound.
Appears in 1 contract
Samples: Accounts Receivable Financing Agreement (Exchange Applications Inc)