Capacity and Standing. Borrower warrants and represents that it is (i) duly organized and existing under the laws of the State of Delaware; (ii) duly qualified and in good standing in every other state in which the nature of its business shall require such qualification, and (iii) duly authorized to make and perform the obligations under the Note, the Deed of Trust, this Agreement and any related documents executed pursuant to this Agreement (the Note, the Deed of Trust, this Agreement, and any other related documents executed pursuant to this Agreement are hereinafter collectively referred to as the “Loan Documents”). The Loan Documents, when executed, shall constitute valid and binding obligations of Borrower.
Capacity and Standing. Each Parte has full capacity and standing to execute this instrument, consummate all the transactions set forth herein, and perform all its obligations hereunder and has taken all corporate and other measures that may be required to authorize such execution, implement all the transactions set forth herein, and perform all its obligations hereunder.
Capacity and Standing. If the Borrower and/or the Guarantor is a corporation, LLC, or LLP, each warrants and represents that it is duly organized and validly existing under the laws of its respective state of incorporation, it and its subsidiaries are duly qualified and in good standing in every other state in which the nature of their business shall require such qualification, and are each duly authorized by their respective boards of directors to make and perform the obligations under the Loan Documents.
Capacity and Standing. Each Fountain Corporation is duly organized and validly existing under the laws of the state in which it is incorporated, is duly qualified and in good standing in every other state in which the nature of its business shall require such qualification and where the failure to qualify would have a material adverse effect, and it is duly authorized by its board of directors to make and perform its respective obligations under this Agreement and each of the other Loan Documents to which it is a party.
Capacity and Standing. This Agreement, the Note, Security Agreement, and any related documents executed pursuant to this Agreement, when executed, shall constitute valid and binding obligations of Borrower. Borrower warrants and represents that it is a corporation duly organized and existing under the laws of the State of Delaware and is duly qualified and in good standing in the State of Florida and in every other state in which the nature of its business shall require such qualification (except where the failure to be so qualified will not have a material adverse effect on Borrower's operations), and is duly authorized to make and perform the obligations under the Security Documents.
Capacity and Standing. The execution of this Agreement, the Note, and any related documents executed pursuant to this Agreement when executed, shall constitute valid and binding obligations of Borrower. The Borrower warrants and represents that it is duly organized and existing under the laws of the State of Florida, it and its subsidiaries, if any, are duly qualified and good standing in every other state in which the nature of their business shall require such qualification, and are duly authorized to make and perform the obligations under the Note and this Agreement.
Capacity and Standing. The execution of this Agreement and any and all other Loan Documents, as that term is defined in the Promissory Note dated as of even date herewith from Borrower in favor of Bank in the stated principal amount of $14,000,000.00 (the “Note”) evidencing the Loan when executed, shall constitute the valid and binding obligations of Borrower. Borrower is a duly organized and existing corporation under the laws of the State of Delaware, is duly qualified and in good standing in every other state in which the nature of its business shall require such qualification (other than any state in which the failure to be so qualified could not reasonably be expected to have a material adverse effect on Borrower), and is duly authorized to make and perform its obligations under the Loan Documents.
Capacity and Standing. This Agreement, the Note, and any related documents executed pursuant to this Agreement, when executed, shall constitute valid and binding obligations of Borrower. Borrower warrants and represents that it is a duly organized and existing under the laws of the State of Colorado and is duly qualified and in good standing in every other state in which the nature of its business shall require such qualification, and is duly authorized to make and perform the obligations under the Note, this Agreement and any related documents executed pursuant to this Agreement (the Note, this Agreement, and any other related documents executed pursuant to this Agreement are hereinafter collectively referred to as the "Loan Documents").
Capacity and Standing. The execution of this Agreement and Loan Documents, as that term is defined in the Note when executed, shall constitute the valid and binding obligations of BORROWER.
Capacity and Standing. If the Borrower and/or any Guarantor is a corporation, limited liability company, or limited liability partnership, each warrants and represents that it is duly organized and validly existing under the laws of its respective state of incorporation or organization, it and its subsidiaries are duly qualified and in good standing in every other state in which the nature of their business shall require such qualification, and are each duly authorized by their board of directors, managers, members or partners respectively to enter into and perform the obligations under the Loan Documents. BB&T of South Carolina LOAN AGREEMENT
