Common use of Corporate Existence and Authority Clause in Contracts

Corporate Existence and Authority. Borrower is, and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization. Borrower is and will continue to be qualified and licensed to do business in all jurisdictions in which any failure to do so would result in a Material Adverse Change. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors’ rights generally), and (iv) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, which is binding upon Borrower or its property, and (v) do not constitute grounds for acceleration of any indebtedness or obligations in excess of $500,000 in the aggregate, under any agreement or instrument which is binding upon Borrower or its property.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Nlight, Inc.), Loan and Security Agreement (Nlight, Inc.)

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Corporate Existence and Authority. Borrower is, and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization. Borrower is and will continue to be qualified and licensed to do business in all jurisdictions in which any failure to do so would result in a Material Adverse Change. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors’ rights generally), and (iv) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, which is binding upon Borrower or its property, and (v) do not constitute grounds for acceleration of any indebtedness or obligations in excess of $500,000 250,000 in the aggregate, under any agreement or instrument which is binding upon Borrower or its property.

Appears in 2 contracts

Samples: Loan and Security Agreement (Talend SA), Loan and Security Agreement (Talend SA)

Corporate Existence and Authority. Borrower is, and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization. Borrower is and will continue to be qualified and licensed to do business in all jurisdictions in which any failure to do so would result in a Material Adverse Change. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors’ rights generally), and (iv) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, which is binding upon Borrower or its property, and (v) do not constitute grounds for acceleration of any indebtedness or obligations in excess of $500,000 50,000 in the aggregate, under any agreement or instrument which is binding upon Borrower or its property.

Appears in 2 contracts

Samples: Security Agreement (On Deck Capital Inc), Security Agreement (On Deck Capital Inc)

Corporate Existence and Authority. Borrower is, and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization. Borrower is and will continue to be qualified and licensed to do business in all jurisdictions in which any failure to do so would result in a Material Adverse Change. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors’ rights generally), and (iv) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, which is binding upon Borrower or its property, and (v) do not constitute grounds for acceleration of any indebtedness or obligations in excess of $500,000 100,000 in the aggregate, under any agreement or instrument which is binding upon Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Xtera Communications, Inc.)

Corporate Existence and Authority. Borrower isBorrower, if a corporation, is and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organizationincorporation. Borrower is and will continue con­tinue to be qualified and licensed to do business in all jurisdictions ju­risdictions in which any failure to do so would result in have a Material Adverse Changema­terial adverse effect on Borrower. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement en­forcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors’ rights generally), and (iviii) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, instru­ment which is binding upon Borrower or its property, and (viv) do not constitute grounds for acceleration of any material indebtedness or obligations in excess of $500,000 in the aggregate, obligation under any material agreement or instrument instru­ment which is binding upon Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Satcon Technology Corp)

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Corporate Existence and Authority. Borrower isBorrower, if a corporation, is and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organizationincorporation. Borrower is and will continue con-tinue to be qualified and licensed to do business in all jurisdictions ju-risdictions in which any failure to do so would result in have a Material Adverse Changema-terial adverse effect on Borrower. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement en-forcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors' rights generally), and (iviii) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, instru-ment which is binding upon Borrower or its property, and (viv) do not constitute grounds for acceleration of any material indebtedness or obligations in excess of $500,000 in the aggregate, obligation under any material agreement or instrument instru-ment which is binding upon Borrower or its property.

Appears in 1 contract

Samples: Security Agreement (Entrada Networks Inc)

Corporate Existence and Authority. Borrower is, and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization. Borrower is and will continue to be qualified and licensed to do business in all jurisdictions in which any failure to do so would result in a Material Adverse Change. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors' rights generally), and (iv) do not violate Borrower’s articles or certificate of incorporation, or Borrower’s by-laws, or any law or any material agreement or instrument, which is binding upon Borrower or its property, and (v) do not constitute grounds for acceleration of any indebtedness or obligations in excess of $500,000 50,000 in the aggregate, under any agreement or instrument which is binding upon Borrower or its property.

Appears in 1 contract

Samples: Security Agreement (Accelerize New Media Inc)

Corporate Existence and Authority. Borrower isBorrower, if a corporation, is and will continue to be, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organizationincorporation. Borrower is and will continue to be qualified and licensed to do business in all jurisdictions in which any failure to do so would result in have a Material Adverse Changematerial adverse Silicon Valley Bank Schedule to Loan and Security Agreement effect on Borrower. The execution, delivery and performance by Borrower of this Agreement, and all other documents contemplated hereby (i) have been duly and validly authorized, (ii) are not subject to any consents, which have not been obtained, (iii) are enforceable against Borrower in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors' rights generally), and (iviii) do not violate Borrower’s 's articles or certificate of incorporation, or Borrower’s 's by-laws, or any law or any material agreement or instrument, instrument which is binding upon Borrower or its property, and (viv) do not constitute grounds for acceleration of any material indebtedness or obligations in excess of $500,000 in the aggregate, obligation under any material agreement or instrument which is binding upon Borrower or its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Parlex Corp)

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