Common use of Due Organization and Qualification; Subsidiaries Clause in Contracts

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 41 contracts

Samples: Possession Loan and Security Agreement, Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (I Link Inc)

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Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 36 contracts

Samples: Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Silicon Graphics Inc /Ca/), Loan Agreement (Arg Property Management Corp)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 34 contracts

Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have a Material Adverse Change.

Appears in 26 contracts

Samples: Loan and Security Agreement (Data Systems Network Corp), Loan and Security Agreement (American Bank Note Holographics Inc), Loan and Security Agreement (Allied Products Corp /De/)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 18 contracts

Samples: Credit Agreement (Youbet Com Inc), Credit Agreement (Silicon Graphics Inc), Loan and Security Agreement (Silicon Graphics Inc)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have cause a Material Adverse Change.

Appears in 12 contracts

Samples: Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have a Material Adverse Change.

Appears in 8 contracts

Samples: Loan and Security Agreement (Intergraph Corp), Loan and Security Agreement (Interiors Inc), Loan and Security Agreement (Ultimate Electronics Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could reasonably be expected to have result in a Material Adverse Change.

Appears in 4 contracts

Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably 46 could be expected to have a Material Adverse Change.

Appears in 4 contracts

Samples: Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization organization, has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower and each of its Subsidiaries is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any each state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 3 contracts

Samples: Credit Agreement (ECA Marcellus Trust I), Credit Agreement (Energy Corp of America), Credit Agreement (Energy Corp of America)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and and, if applicable, in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state state, province or territory where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 2 contracts

Samples: Credit Agreement (Sitel Corp), Credit Agreement (Sitel Corp)

Due Organization and Qualification; Subsidiaries. (a) Borrower (i) is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and organization, (ii) qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change, and (iii) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Loan Documents to which it is a party and to carry out the transactions contemplated thereby.

Appears in 2 contracts

Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies Inc)

Due Organization and Qualification; Subsidiaries. (a) Parent and each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its their organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 2 contracts

Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.)

Due Organization and Qualification; Subsidiaries. (a) Parent and each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (Paincare Holdings Inc), Credit Agreement (Monotype Imaging Holdings Inc.)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could would be expected to have a Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)

Due Organization and Qualification; Subsidiaries. (a) Borrower Each of the Borrowers is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 2 contracts

Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change. Borrower has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Loan Documents to which it is a party and to carry out the transactions contemplated thereby.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower and each Subsidiary of a Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 2 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Due Organization and Qualification; Subsidiaries. (a) Each of Borrower and its Subsidiaries is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmhouse Corp)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Starcraft Corp /In/)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state or jurisdiction where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 1 contract

Samples: Credit Agreement (Emrise CORP)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state or province where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Anacomp Inc)

Due Organization and Qualification; Subsidiaries. (a) a Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Usci Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and and, except as set forth on Schedule 5.8(a), is qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

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Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any nation, state or province where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state jurisdiction where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 1 contract

Samples: Credit Agreement (Dialogic Inc.)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower (i) is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and (ii) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated and (iii) is qualified to do business in any state or province where the failure to be so qualified reasonably could be expected to have cause a Material Adverse ChangeEffect.

Appears in 1 contract

Samples: Term Loan Agreement (Bombay Co Inc)

Due Organization and Qualification; Subsidiaries. (a) The Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Party City Corp)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower and General Partner is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (FFP Marketing Co Inc)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have cause a Material Adverse ChangeChange .

Appears in 1 contract

Samples: Loan and Security Agreement (P Com Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is (i) duly organized and existing and in good standing under the laws of the jurisdiction of its organization and (ii) qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Brio Software Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.. Borrower has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Loan Documents to which it is a party and to carry out the transactions contemplated thereby. 71

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Capital, Inc.)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state each jurisdiction where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower and each of its Subsidiaries is duly organized and existing and in good standing (or the foreign equivalent thereof) under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 1 contract

Samples: Possession Credit Agreement (Enesco Group Inc)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified could reasonably could be expected to have result in a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Kroll Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction state of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified could reasonably could be expected to have a Material Adverse Changematerial adverse effect on the business, operations, condition (financial or otherwise), finances, or prospects of Borrower or on the value of the Collateral to Foothill.

Appears in 1 contract

Samples: Loan and Security Agreement (Image Entertainment Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and existing and in good standing under the laws of the jurisdiction of its organization incorporation and qualified and licensed to do business in, and in good standing in, any state where the failure to be so licensed or qualified reasonably could be expected to have a Material Adverse ChangeEffect.

Appears in 1 contract

Samples: Loan Agreement (Ugly Duckling Corp)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized and validly existing and in good standing under the laws of the jurisdiction of its organization and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Cutter & Buck Inc)

Due Organization and Qualification; Subsidiaries. (a) Borrower is duly organized incorporated or organized, as the case may be, and existing and in good standing under the laws of the jurisdiction of its organization incorporation or organization, as the case may be, and qualified to do business in any state where the failure to be so qualified reasonably could be expected to have result in a Material Adverse Change.

Appears in 1 contract

Samples: Credit Agreement (Baseline Oil & Gas Corp.)

Due Organization and Qualification; Subsidiaries. (a) Each Borrower is (i) duly organized and existing and in good standing under the laws of the jurisdiction of its organization and (ii) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated and (iii) qualified to do business in any state or province where the failure to be so qualified reasonably could be expected to have cause a Material Adverse ChangeEffect.

Appears in 1 contract

Samples: Credit Agreement (Bombay Company Inc)

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