Due Organization and Qualification. Each Loan Party (i) is duly organized and validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of the jurisdiction of its organization, (ii) is qualified to do business in any jurisdiction where the failure to be so qualified reasonably could be expected to result in a Material Adverse Effect, 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 15 contracts
Samples: Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp)
Due Organization and Qualification. Each Loan Party (i) is duly organized and validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of the jurisdiction of its organization, (ii) is qualified to do business in any jurisdiction state where the failure to be so qualified could reasonably could be expected to result in a Material Adverse Effect, 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 Agreement and each other Loan Documents Document to which it is a party and to carry out the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.)
Due Organization and Qualification. Each Loan Party (ia) is duly organized and validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of the jurisdiction of its organization, (iib) is qualified to do business in any jurisdiction State where the failure to be so qualified could reasonably could be expected to result in have a Material Adverse Effect, and (iiic) has all requisite power and authority to own and operate its propertiesassets, 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 4 contracts
Samples: Credit Agreement (Innodata Inc), Credit Agreement (Innodata Inc), Credit Agreement (Culp Inc)
Due Organization and Qualification. Each Loan Party (i) is duly organized and validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of the jurisdiction of its organization, (ii) is qualified to do business in any jurisdiction where the failure to be so qualified could reasonably could be expected to result in a Material Adverse Effect, 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 this Amendment and to carry out the transactions contemplated therebyhereby.
Appears in 3 contracts
Samples: Credit Agreement (Celadon Group Inc), Credit Agreement (Celadon Group Inc), Credit Agreement (Celadon Group Inc)
Due Organization and Qualification. Each Loan Party (ia) is duly organized and validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of the jurisdiction of its organization, (iib) is qualified to do business in any jurisdiction where the failure to be so qualified could reasonably could be expected to result in have a Material Adverse Effect, and (iiic) has all requisite power and authority to own and operate its propertiesassets, 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 1 contract
Samples: Credit Agreement (Hamilton Beach Brands Holding Co)