Due Organization; Qualification. The Stockholder, if a corporation, limited liability company, limited partnership or other entity, has been duly incorporated, organized or formed and is validly existing and in good standing under the laws of the State of its incorporation, formation or organization. The Stockholder is duly licensed or qualified to do business and is in good standing in each jurisdiction in which the properties owned or leased by it or the operation of its business makes such licensing or qualification necessary, except where the failure to so qualify or be licensed would not have a material adverse effect on the Stockholder.
Due Organization; Qualification. Guarantor is qualified to transact business and is in good standing in the State in which it is organized and in each other jurisdiction in which such qualification and/or standing is necessary to the conduct of its business and where the failure to be so qualified would adversely affect the validity of, the enforceability of, or the ability of Guarantor to perform the Guaranteed Obligations.
Due Organization; Qualification. (1) The Borrower is a duly formed and existing corporation. The Borrower is qualified to transact business and is in good standing in each other jurisdiction in which such qualification and/or standing is necessary to the conduct of its business and where the failure to be so qualified would adversely affect the validity of, the enforceability of, or the ability of the Borrower to perform the Obligations under this Agreement and the other Loan Documents. The Borrower is qualified to transact business and is in good standing in each State in which it owns a Mortgaged Property.
(2) The Borrower's principal place of business, principal office and office where it keeps its books and records as to the Collateral is located at its address set out in Section 23.08.
(3) The Borrower has observed all customary formalities regarding its corporate existence.
Due Organization; Qualification. If the Stockholder is an entity, the Stockholder is duly formed under the laws of its jurisdiction of organization and is validly existing and in good standing under the laws thereof.
Due Organization; Qualification. (a) The Company is a limited liability company duly organized and validly existing and in good standing under the laws of the State of Illinois and has all requisite limited liability company power and authority to own, lease and operate its properties and to carry on its business as now being conducted.
(b) The copies of the certificate of formation of the Company and the Existing Operating Agreement that previously have been made available to the Buyer are true and correct copies of such documents as in effect on the date of this Agreement.
(c) The Company and each of its Subsidiaries is duly qualified or licensed to do business and is in good standing in all jurisdictions where the Company or such Subsidiary, as applicable, currently conducts business that requires such qualification or licensing, except where the failure to be so qualified or licensed would not have a Company Material Adverse Effect.
Due Organization; Qualification. Each of Ibis and Isis is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, with full corporate power and authority to enter into each of the Transaction Documents. Except as would not reasonably be expected to have a Material Adverse Effect, Ibis has obtained and currently maintains all qualifications to do business as a foreign corporation in all jurisdictions in which the character of the Business requires it to be so qualified. Ibis has all requisite power and authority and all authorizations and Licenses necessary to own, operate or conduct the Business.
Due Organization; Qualification. AMI is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, with full corporate power and authority to enter into the Transaction Documents and to perform its obligations hereunder and thereunder.
Due Organization; Qualification. WXI/MCN Multifamily Real Estate Limited Partnership is a limited partnership duly organized, validly existing and in good standing under the laws of Delaware. Castle Bluff Fund XII Associates L.P. is a limited partnership duly organized, validly existing and in good standing under the laws of Texas. Brendon Way Fund XII Associates is a general partnership duly organized and validly existing under the laws of Indiana. Embarcadero Associates is a general partnership duly organized and validly existing under the laws of Georgia. Each Borrower is duly qualified to do business, and is in good standing, in each state in which any Mortgaged Property is located and in each other jurisdiction in which such qualification and/or standing is necessary to the conduct of its business and where the failure to be so qualified would adversely affect the validity of, the enforceability of, or the ability of the Borrower to perform its obligations under, this Agreement and the other Loan Documents. Each General Partner of each Borrower is a duly organized and validly existing limited liability company or limited partnership duly qualified to do business in and in good standing under the laws of its respective state of organization and in each other jurisdiction in which such qualification and/or standing is necessary to the conduct of its business and where the failure to be so qualified would adversely affect the validity, the enforceability, or the ability of any Borrower to perform its obligations under this Agreement and the other Loan Documents. The Partnership Agreement of each Borrower has been duly executed and delivered by each partner, is a legal and valid and binding agreement, enforceable in accordance with its terms, and is in full force and effect. Each Borrower has its principal place of business, principal office and office where it keeps its records at the notice address set forth for the Borrowing Agent in
Due Organization; Qualification. (1) The REIT is qualified to transact business and is in good standing in the State of Tennessee. The Borrower is qualified to transact business and is in good standing in the State in which it is organized and in each other jurisdiction in which such qualification and/or standing is necessary to the conduct of its business and where the failure to be so qualified would adversely affect the validity of, the enforceability of, or the ability of the Borrower to perform the Obligations under this Agreement and the other Loan Documents. The Borrower is qualified to transact business and is in good standing in each State in which it owns a Mortgaged Property.
(2) The Borrower’s principal place of business, principal office and office where it keeps its books and records as to the Collateral is located at the address set out in Section 23.08.
Due Organization; Qualification. (a) Organization/Qualification. Xxxxxx is a corporation duly organized, validly existing and in good standing under the laws of the State of Maryland and is duly qualified and in good standing to do business as a foreign corporation in each jurisdiction where the conduct of the Business or the ownership of its properties so requires if the failure to so qualify would have a material adverse effect on the Business or the Contributed Assets.
