Common use of Due Organization, etc Clause in Contracts

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite power and authority to enter into and perform its obligations as a Lender under each Operative Document to which it is or will be a party and each other agreement, instrument and document to be executed and delivered by it in connection therewith.

Appears in 3 contracts

Samples: Participation Agreement (Mandalay Resort Group), Participation Agreement (Grand Casinos Inc), Participation Agreement (Stratosphere Corp)

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Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization formation and has the requisite full power and authority to enter into and perform its obligations as a Lender Rent Assignee under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before the Closing Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 3 contracts

Samples: Participation Agreement (Big Lots Inc), Participation Agreement (Big Lots Inc), Participation Agreement (Cubic Corp /De/)

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite full corporate power and authority to enter into and perform its obligations as a Certificate Purchaser or Lender (as the case may be) under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before each Advance Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 3 contracts

Samples: Participation Agreement (Electric Lightwave Inc), Participation Agreement (Electric Lightwave Inc), Participation Agreement (Electric Lightwave Inc)

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite full corporate power and authority to enter into and perform its obligations as either a Lender or a Certificate Purchaser (as the case may be) under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before the Delivery Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 2 contracts

Samples: Participation Agreement (Ferrellgas Partners Finance Corp), Participation Agreement (Ferrellgas Partners Finance Corp)

Due Organization, etc. It is duly organized and validly existing --------------------- under the laws of the jurisdiction of its organization and has the requisite full corporate power and authority to enter into and perform its obligations as a Lender Investor under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before each Advance Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 1 contract

Samples: Participation Agreement (Smart & Final Inc/De)

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite full power and authority to enter into and perform its obligations as a Lender Lessor or Borrower (as the case may be) under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before each Advance Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 1 contract

Samples: Participation Agreement (Reebok International LTD)

Due Organization, etc. It is duly organized and validly existing --------------------- under the laws of the jurisdiction of its organization and has the requisite full corporate power and authority to enter into and perform its obligations as a Lender under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before each Advance Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 1 contract

Samples: Participation Agreement (Smart & Final Inc/De)

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite full corporate power and authority to enter into and perform its obligations as a Lender under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before each Advance Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 1 contract

Samples: Participation Agreement (Genesis Health Ventures Inc /Pa)

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Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite full power and authority to enter into and perform its obligations as a Lender under each Operative Document to which it is or will be a party and each other agreement, instrument and document to be executed and delivered by it in connection therewithwith or as contemplated by each such Operative Document.

Appears in 1 contract

Samples: Participation Agreement (Dresser-Rand Group Inc.)

Due Organization, etc. It is duly organized and validly ---------------------- existing under the laws of the jurisdiction of its organization and has the requisite power and authority to enter into and perform its obligations as a Lender under each Operative Document to which it is or will be a party and each other agreement, instrument and document to be executed and delivered by it in connection herewith or therewith.

Appears in 1 contract

Samples: Participation Agreement (HCS Ii Inc)

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization and has the requisite full corporate power and authority to enter into and perform its obligations as either a Lender Participant or a Certificate Purchaser (as the case may be) under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before the initial Advance Date in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 1 contract

Samples: Participation Agreement (Del Monte Foods Co)

Due Organization, etc. It is duly organized and validly existing in good standing under the laws of the jurisdiction of its organization and has the requisite power and authority to carry on its business as now conducted and to enter into and perform its obligations as a Lender under each Operative Document Agreement to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it on or before the Effective Date and each Property Closing Date in connection therewithwith or as contemplated by each such Operative Agreement to which it is or will be a party.

Appears in 1 contract

Samples: Participation Agreement (Borders Group Inc)

Due Organization, etc. It is duly organized and validly existing under the laws of the jurisdiction of its organization formation and has the requisite full corporate power and authority to enter into and perform its obligations as a Lender and/or a Certificate Purchaser (as the case may be) under each Operative Document to which it is or will is to be a party and each other agreement, instrument and document to be executed and delivered by it in connection therewithwith or as contemplated by each such Operative Document to which it is or is to be a party.

Appears in 1 contract

Samples: Participation Agreement (Lsi Logic Corp)

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