Common use of Due Organization and Qualification Clause in Contracts

Due Organization and Qualification. Borrower and each Subsidiary is an entity duly existing under the laws of the jurisdiction in which it is 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 could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

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Due Organization and Qualification. Each Borrower and each Subsidiary is an a corporation or other legal entity duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of organization 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, qualified except where the failure to do be so could qualified would not reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aviza Technology, Inc.), Loan and Security Agreement (Nextg Networks Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, 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 in each case where the failure to do so could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Adicet Bio, Inc.), Loan and Security Agreement (resTORbio, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is an entity organization duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of 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, except where the failure to do so could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation or company duly existing under the laws of the its state or jurisdiction in which it is incorporated of incorporation or organized, as applicable, formation and qualified and licensed to do business in in: (a) its state or jurisdiction of incorporation and the state where its chief executive office is located, and (b) any other state or jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified, except except, in the case of such other states and jurisdictions, where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Inphonic Inc), Loan and Security Agreement (Inphonic Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation or limited liability company, as applicable, duly existing under the laws of the jurisdiction in which it is incorporated its state of incorporation or organizedformation, 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 qualified and failure to do be so qualified could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 the failure to do be so qualified could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Patient Infosystems Inc)

Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 could qualify would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Pointshare Corp)

Due Organization and Qualification. Such Borrower and each Subsidiary is an entity a corporation or limited liability company, as applicable, duly existing under the laws of the its state or jurisdiction in which it is incorporated of organization or organizedformation, as applicable, and qualified and licensed to do business in in: (a) its state or jurisdiction of organization or formation, as applicable, and (b) any other state or jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified, except except, in the case of such other states and jurisdictions, where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Icad Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 to the extent that failure to do so qualify could not reasonably be expected to cause have a Material Adverse Effectmaterial adverse effect on the Borrower's and its Subsidiaries' business taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Avistar Communications Corp)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the state or other jurisdiction in which it is 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Traffic.com, Inc.)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction state in which it is 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 could would not reasonably be expected to cause a Material Adverse EffectEffect or except as set forth on the Schedule.

Appears in 1 contract

Samples: Loan and Security Agreement (Opentable Inc)

Due Organization and Qualification. Borrower and each Subsidiary is (i) an entity organization duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of organization and (ii) 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 could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Five9, Inc.)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 for such states as to which any failure to do so qualify could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

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

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 failure to be so qualified, except where the failure to do so qualified could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Quovadx Inc)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Proteinsimple)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, Borrower State 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 could qualify would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Citadel Security Software Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction state or country in which it is incorporated or organized, as applicable, and qualified and licensed to do business in any state or country 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiodynamics International Corp)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation, limited liability company, partnership or other Person duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of formation 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 to the extent the failure to do be so qualified or licensed could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Tippingpoint Technologies Inc)

Due Organization and Qualification. Each Borrower and each Subsidiary is an entity a corporation (or limited liability company) duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its respective Organizational Jurisdiction 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 qualify could not reasonably be expected to cause result in a Material Adverse Effectmaterial adverse effect on Borrower’s business or operations.

Appears in 1 contract

Samples: Loan and Security Agreement (iSpecimen Inc.)

Due Organization and Qualification. Borrower and each Material Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 the failure to do be so could qualified and licensed will not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Wj Communications Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an a corporation, limited liability company, partnership or other entity (i) duly existing under the laws of the jurisdiction in which it is incorporated its state of incorporation or organized, as applicable, organization and qualified and (ii) 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 in each case under this clause (ii) (other than with respect to Borrowers) where the a failure to do so could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (ThredUp Inc.)

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Due Organization and Qualification. Borrower and each Subsidiary is an entity organization duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of organization 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, qualified except where the failure to do so could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Quicklogic Corporation)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of incorporation 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 to the extent that a failure to do so qualify could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Crystal Decisions Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation (or limited liability company) duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its respective Organizational Jurisdiction 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of incorporation 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 could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Align Technology Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 the failure to do be so qualified could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Security Systems Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 failure to be so qualified, except where the failure qualified or licensed could be reasonably likely to do so could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Reliant Technologies Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Due Organization and Qualification. Borrower and each ------------------------------------- Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, Borrower State 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 could qualify would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Citadel Security Software Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 for states as to which any failure to do so qualify could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Netgear Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the its jurisdiction in which it is incorporated or organized, as applicable, of incorporation and qualified and licensed to do business in any state or other 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 could not reasonably be expected to cause have a Material Adverse Effectmaterial adverse effect on Borrower’s business.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan and Security Agreement (CareView Communications Inc)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, state of its incorporation 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 could would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Serviceware Technologies Inc/ Pa)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation or limited liability company duly existing under the laws of the jurisdiction in which it is incorporated its state of incorporation or organized, as applicable, formation 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 with respect to qualification where the failure to do be so could qualified would not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Lime Energy Co.)

Due Organization and Qualification. Borrower and each Subsidiary is an entity a corporation duly existing under the laws of the jurisdiction in which it is incorporated or organized, as applicable, its state of incorporation 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 could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Genaissance Pharmaceuticals Inc)

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