Borrower’s Organizational Documents. The Borrower's organizational documents have not been amended since July 27, 2009.
Borrower’s Organizational Documents. (i) The certificate of formation of the Borrower, certified as of a recent date prior to the December 2019 Amendment Effective Date by the Secretary of State (or comparable official) of the State of Texas, or certified to by the Secretary of the Borrower that there have been no changes thereto since the July 2017 Amendment Effective Date;
(ii) A certificate of the Secretary or an Assistant Secretary of the Borrower, dated the December 2019 Amendment Effective Date, certifying that (A) attached thereto is a true and correct copy of the certificate of formation and limited liability company agreement of the Borrower as in effect on the December 2019 Amendment Effective Date, or certified to that there have been no changes thereto since the July 2017 Amendment Effective Date; (B) attached thereto are true and correct copies of resolutions duly adopted by the board of directors or other governing body of the Borrower (or other comparable enabling action) and continuing in effect, which authorize the execution, delivery and performance by the Borrower of this Amendment and the other Credit Documents executed or to be executed by the Borrower and the consummation of the transactions contemplated hereby and thereby; (C) there are no proceedings for the dissolution or liquidation of the Borrower; and (D) the incumbency, signatures and authority of the officers of the Borrower authorized to execute, deliver and perform this Amendment, the other Credit Documents and all other documents, instruments or agreements related thereto executed or to be executed by the Borrower; and
(iii) Certificates of good standing (or comparable certificates) for the Borrower, certified as of a recent date prior to the December 2019 Amendment Effective Date by the Secretary of State (or comparable official) of Texas, California, Delaware and Ohio.
Borrower’s Organizational Documents. Copies of Borrower's organizational documents, including but not limited to its certificate of incorporation and bylaws, together with any amendments thereto, certified to be true and complete by the Secretary of Borrower.
Borrower’s Organizational Documents. The Borrowers’ organizational documents have not been amended since April 16, 2008.
Borrower’s Organizational Documents. A true and complete copy of Borrower's Organizational Documents have been furnished to Lender. Borrower's Organizational Documents constitute the entire agreement among the shareholders in Borrower and are binding upon and enforceable against all of such shareholders in accordance with their respective terms. There are no other agreements, oral or written, among any of the shareholders in Borrower relating to Borrower. No party is in default of its obligations under Borrower's Organizational Documents and no condition exists which, with the giving of notice and/or the passage of time, would constitute a default under Borrower's Organizational Documents.
Borrower’s Organizational Documents. (i) The certificate of incorporation or articles of organization of each Borrower, certified as of a recent date prior to the Fourth Restatement Effective Date by the Secretary of State (or comparable official) of such Borrower’s state of incorporation;
(ii) A certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Fourth Restatement Effective Date, certifying (A) that attached thereto is a true and correct copy of the bylaws of such Borrower as in effect on the Fourth Restatement Effective Date; (B) that attached thereto are true and correct copies of resolutions duly adopted by the board of directors or other governing body of such Borrower and continuing in effect, which authorize the execution, delivery and performance by such Borrower of this Agreement and the other Loan Documents executed or to be executed by such Borrower and the consummation of the transactions contemplated hereby and thereby; (C) there are no proceedings for the dissolution or liquidation of such Borrower; and (D) the incumbency, signatures and authority of the officers of such Borrower authorized to execute, deliver and perform this Agreement, the other Loan Documents and all other documents, instruments or agreements related thereto executed or to be executed by such Borrower; and
(iii) Certificates of good standing (or comparable certificates) for each Borrower, certified as of a recent date prior to the Fourth Restatement Effective 4159-4780-3173 Date by the Secretary of State (or comparable official) of such Borrower’s state of organization and each state in which such Borrower is qualified to do business.
Borrower’s Organizational Documents. The Lender shall have received with respect to each of the entities comprising the Borrowers, (i) a copy, certified as of a recent date by the jurisdiction of the Borrower’s state or country of organization of such Borrower, of the Borrower’s Charter and Bylaws, and all amendments thereto, (ii) to the extent available, a Certificate of Good Standing (or similar document) for such Borrower issued by the jurisdiction of the Borrower’s state or country of organization, and (iii) a copy, certified to the Lender as true and correct as of the date hereof by such Borrower, of the resolutions of the Borrowers authorizing the execution and delivery of this Agreement and the other Financing Documents to which the Borrowers are a party and designating by name and title the officers of the Borrowers who are authorized to sign this Agreement and such other Financing Documents for and on behalf of the Borrowers and to make the borrowings hereunder.
Borrower’s Organizational Documents. (i) The certificate of incorporation, articles of incorporation, certificate of limited partnership, articles of organization or comparable document of each Borrower, certified as of a recent date prior to the Closing Date by the Secretary of State (or comparable public official) of its state of incorporation or formation;
(ii) A certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, certifying that (A) attached thereto is a true and correct copy of the limited liability company agreement or bylaws of such Borrower as in effect on the Closing Date; (B) attached thereto are true and correct copies of resolutions duly adopted by the members or board of directors of such Borrower and continuing in effect, which authorize the execution, delivery and performance by such Borrower of this Agreement and the other Credit Documents executed or to be executed by such Borrower and the consummation of the transactions contemplated hereby and thereby; and (C) there are no proceedings for the dissolution or liquidation of such Borrower;
(iii) A certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, certifying the incumbency, signatures and authority of the officers of such Borrower authorized to execute, deliver and perform this Agreement, the other Credit Documents and all other documents, instruments or agreements related thereto executed or to be executed by such Borrower;
(iv) Certificates of good standing (or comparable certificates) for each Borrower, certified as of a recent date prior to the Closing Date by the Secretaries of State (or comparable official) of Delaware, any other state where significant business is conducted; principal office location and each state in which such Borrower is qualified to do business; and
(v) Certificates of the Franchise Tax Board, Secretary of State or comparable official of the same states referenced in clause (iv) above for the applicable Borrower), dated as of a date close to the Closing Date, stating that such Borrower is in good tax standing under the laws of such states.
Borrower’s Organizational Documents. The Lender shall have received copies of any amendments to the Borrower's Charter and Bylaws since July 31, 2008.
Borrower’s Organizational Documents. Borrower will not cause or permit any amendment, modification, supplement, waiver or termination of any provisions of Borrower’s Organizational Documents or any other governing or organizational document of Borrower, Guarantor or any other Pledgor in any manner that might have a Material Adverse Effect or that might impair the rights of Administrative Agent and Lenders (including without limitation any changes to the leverage covenants in such documents) without the prior written consent of Administrative Agent and the Required Lenders, which consent may be granted or withheld in the sole discretion of Administrative Agent and the Required Lenders.
