Due Organization and Qualification; Subsidiaries. (a) Each Credit Party 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 result in a Material Adverse Change.
Appears in 9 contracts
Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan and Security Agreement (Atlanticus Holdings Corp), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)
Due Organization and Qualification; Subsidiaries. (a) Each Credit Party 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 result in have a Material Adverse Change.
Appears in 4 contracts
Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Loan Agreement (American Restaurant Group Inc), Loan, Guaranty and Security Agreement (Design Within Reach Inc)
Due Organization and Qualification; Subsidiaries. (a) Each Credit Party is duly organized and existing and in good standing standing, if applicable, 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 result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Ascendia Brands, Inc.), Credit Agreement (Ascendia Brands, Inc.)
Due Organization and Qualification; Subsidiaries. (a) Each Credit Party 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 every state where the failure to be so qualified reasonably could be expected to result in have a Material Adverse Change.
Appears in 1 contract
Samples: Securities Purchase Agreement (Impco Technologies Inc)
Due Organization and Qualification; Subsidiaries. (a) Each Except as described in the Post-Closing Agreement, each Credit Party 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 result in have a Material Adverse Change.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Payless Shoesource Inc /De/)
Due Organization and Qualification; Subsidiaries. (a) Each Credit Party is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and the laws of those jurisdictions in which it is qualified to do business. Each Credit Party is qualified to do business in any every state where in which the failure to be so qualified reasonably could be expected to result in a Material Adverse Change.ownership, use or leasing of its assets and properties, or the conduct or nature of its business, makes such qualification, licensing or admission necessary
Appears in 1 contract
Samples: Security Agreement (Center for Wound Healing, Inc.)
Due Organization and Qualification; Subsidiaries. (a) Each Credit Party (i) is duly organized and existing and in good standing under the laws of the jurisdiction of its organization and organization, (ii) is qualified to do business in any state where the failure to be so qualified could reasonably could be expected to result in a Material Adverse ChangeEffect, 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 Credit Documents to which it is a party and to carry out the transactions contemplated thereby.
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