Common use of Due Organization and Qualification Clause in Contracts

Due Organization and Qualification. Each Loan Party (a) is duly formed and existing under the laws of its respective state of formation or incorporation, as applicable, and (b) 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, solely in the case of this clause (b), where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.)

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Due Organization and Qualification. Each Loan Party (a) and its Subsidiaries is an entity duly formed and existing under the laws of its respective state of formation or incorporation, as applicable, the jurisdiction in which it is organized and (b) 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, solely in the case of this clause (b), except where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (Apex Technology Acquisition Corp)

Due Organization and Qualification. Each such Loan Party (a) is an entity duly formed and existing under the laws of its respective state of formation or incorporation, as applicable, the jurisdiction in which it is organized and (b) 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, solely in the case of this clause (b), except where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.)

Due Organization and Qualification. Each Such Loan Party is (a) is duly formed and existing under the laws of its respective state of formation or incorporation, as applicable, organization and (b) is qualified and licensed to do business in any state in which such qualification and licensing is required, except to the conduct of its business or its ownership of property requires that it be so qualified, except, solely in the case of this clause (b), where the extent failure to do so could obtain such qualification or license would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Blue Owl Capital Inc.), Credit Agreement (Blue Owl Capital Inc.), Credit Agreement (Blue Owl Capital Inc.)

Due Organization and Qualification. Each Loan Party is (a) is duly formed and existing under the laws of its respective state or other jurisdiction of formation or incorporation, as applicable, and (b) 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, solely in the case of this clause (b), where the failure to do so could not reasonably be expected to cause a Material Adverse Effect. Each of the Loan Parties’ Subsidiaries is duly formed and validly existing under the laws of its respective jurisdiction of formation.

Appears in 1 contract

Samples: Loan and Security Agreement (Urgent.ly Inc.)

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Due Organization and Qualification. Each Loan Party (a) is duly formed and existing under the laws of its respective the state of formation or incorporation, as applicable, in which it is organized and (b) 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, solely in the case of this clause (b), 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 (Trupanion Inc.)

Due Organization and Qualification. Each Loan Party (a) is duly formed and existing under the laws of its respective state of formation or incorporation, as applicable, and (b) 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, solely in the case of this clause (b), 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 (Asure Software Inc)

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