Common use of Due Organization and Qualification Clause in Contracts

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 35 contracts

Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc)

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Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 34 contracts

Samples: Loan Agreement (Ault Alliance, Inc.), Loan and Security Agreement (Imperalis Holding Corp.), Loan and Security Agreement

Due Organization and Qualification. Borrower and each Subsidiary is an entity duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Oxford Immunotec Global PLC), Loan and Security Agreement (Oxford Immunotec Global PLC), Loan and Security Agreement (Aratana Therapeutics, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- is a corporation duly existing and in good standing under the laws of the its state in which it is organized of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the for states in which failure to do so qualify would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity duly existing under the laws of the state jurisdiction in which it is organized and qualified and and, if applicable, is licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (CareDx, Inc.)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc), Loan and Security Agreement (Everyday Health, Inc.)

Due Organization and Qualification. Such Borrower and each Subsidiary thereof is an entity duly existing under the laws of the state jurisdiction in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Due Organization and Qualification. Borrower is duly incorporated and validly existing under the laws of the Borrower State and each Subsidiary is duly incorporated and existing under the laws of the state in which it is organized organized. Borrower and each Subsidiary qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Legalzoom Com Inc)

Due Organization and Qualification. Each Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary Subsidiary, if applicable, is a corporation duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (GenMark Diagnostics, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary of Borrower is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Environmental Energy Services Inc), Term Loan and Security Agreement (Blaze Energy Corp.)

Due Organization and Qualification. Borrower and each Subsidiary is of Borrower are duly existing under the laws of the state jurisdiction in which it is organized incorporated or organized, as applicable, and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualifiedqualified or licensed, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is duly organized and existing under the laws of the its state in which it of incorporation, formation or organization and is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except except, with respect to states other than Borrower’s state of incorporation, formation or organization, where the failure to do be so would qualified could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Realnetworks Inc)

Due Organization and Qualification. Borrower and each Subsidiary is are entities duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Aldexa Therapeutics, Inc.)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity duly existing under the laws of the state in which it is organized its jurisdiction of incorporation or formation and qualified and licensed to do business in any state jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified, except where (a) as set forth in the Schedule or (b) to the extent that the failure to do be so would qualified could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

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

Due Organization and Qualification. Borrower and each Subsidiary is an entity duly existing under the laws of the state in which it is organized incorporated or organized, as applicable, and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Rainmaker Systems Inc)

Due Organization and Qualification. Borrower and each Subsidiary is of Borrower duly existing under the laws of the state in which it is organized incorporated or organized, as applicable, and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

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Due Organization and Qualification. Borrower Borrowers and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Compass Therapeutics, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state jurisdiction in which it is organized and qualified and licensed to do business in any state jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Qad Inc)

Due Organization and Qualification. Borrower (and each Subsidiary ---------------------------------- Subsidiary, if any) is a corporation duly existing and in good standing under the laws of the its state in which it is organized of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do be so qualified would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Orapharma Inc)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect. Ekso Bionics, Inc. – LSA – EXECUTION 6.

Appears in 1 contract

Samples: Loan and Security Agreement (Ekso Bionics Holdings, Inc.)

Due Organization and Qualification. Except as set forth in the ---------------------------------- Schedule, Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of the its state in which it is organized of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the for states as to which any failure to do so would qualify could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Verisity LTD)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Igi Laboratories, Inc)

Due Organization and Qualification. Borrower and each Subsidiary organized under the laws of the US is a corporation duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Celator Pharmaceuticals Inc)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and is qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (PogoTec, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do be so would qualified or licensed could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Genoptix Inc)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity duly existing under the laws of the state jurisdiction in which it is organized and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Everside Health Group, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is duly existing under the laws of the state in which it is organized jurisdiction of its organization and qualified and licensed to do business in any state in which the conduct of its business or its ownership of property requires that it be so qualified, qualified except where to the extent the failure to do be so would qualified or licensed could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)

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