Common use of Due Incorporation, Qualification, etc Clause in Contracts

Due Incorporation, Qualification, etc. The Company (i) is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would reasonably be expected to have a material adverse effect on the Company.

Appears in 2 contracts

Samples: Note Purchase and Security Agreement (AMERI Holdings, Inc.), Note Purchase Agreement (Tintri, Inc.)

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Due Incorporation, Qualification, etc. The Company (i) is a corporation duly organizedincorporated, validly existing and in good standing under the laws of the State of Delaware; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would could reasonably be expected to have a material adverse effect on the assets, liabilities, condition (financial or otherwise) or business of Company.

Appears in 2 contracts

Samples: Put Option Agreement (Intercloud Systems, Inc.), Put Option Agreement (Intercloud Systems, Inc.)

Due Incorporation, Qualification, etc. The Company is (i) is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; Delaware and (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would could reasonably be expected to have a material adverse effect on the Company and its subsidiaries taken as a whole. The name of the Company as set forth in the preamble to this Agreement is the same as set forth in the Articles of Incorporation of the Company.

Appears in 1 contract

Samples: Settlement and Amendment Agreement (Smartserv Online Inc)

Due Incorporation, Qualification, etc. The Company (i) is a corporation duly organized, validly existing existing, and in good current standing under the laws of the State of Delaware; (ii) has the power and authority to own, lease lease, and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business business, and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would could reasonably be expected to have a material adverse effect on the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (Bbooth, Inc.)

Due Incorporation, Qualification, etc. The Company (i) is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would could reasonably be expected to have a material adverse effect Material Adverse Effect on the Company.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Brekford Corp.)

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Due Incorporation, Qualification, etc. The Company (i) is a corporation duly organized, validly existing and in good standing under the laws of the State state of Delaware; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would could reasonably be expected to have a material adverse effect on the Company's business, properties, assets, liabilities, prospects, financial condition, operations or otherwise (a "Material Adverse Effect").

Appears in 1 contract

Samples: Loan Agreement (Vaxgen Inc)

Due Incorporation, Qualification, etc. The Company (i) is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted or as currently contemplated to be conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed would could reasonably be expected to have a material adverse effect on the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (DraftDay Fantasy Sports, Inc.)

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