Existence and Power; Name Sample Clauses

Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number and Organizational Identification Number 24 Section 5.2 Capitalization 25 Section 5.3 Authorization of Borrowing; No Conflict as to Law or Agreements 25 Section 5.4 Legal Agreements 25 Section 5.5 Subsidiaries 25 Section 5.6 Financial Condition; No Adverse Change 25 Section 5.7 Litigation 25 Section 5.8 Regulation U 26 Section 5.9 Taxes 26 Section 5.10 Titles and Liens 26 Section 5.11 Intellectual Property Rights 26 Section 5.12 Plans 27 Section 5.13 Default 27 Section 5.14 Environmental Matters 28 Section 5.15 Submissions to Lender 28 Section 5.16 Financing Statements 28 Section 5.17 Rights to Payment 29 Section 5.18 [_Financial Solvency_] 29 ARTICLE VI COVENANTS 29 Section 6.1 Reporting Requirements 29 Section 6.2 Financial Covenants 32 Section 6.3 Permitted Liens; Financing Statements 34 Section 6.4 Indebtedness 34 Section 6.5 Guaranties 35 Section 6.6 Investments and Subsidiaries 35 Section 6.7 Dividends and Distributions 35 Section 6.8 Salaries 36 Section 6.9 Reserved. 36 Section 6.10 Books and Records; Collateral Examination; Inspection and Appraisals 36 Section 6.11 Account Verification 36 Section 6.12 Compliance with Laws 36 Section 6.13 Payment of Taxes and Other Claims 37 Section 6.14 Maintenance of Properties 37 Section 6.15 Insurance 38 Section 6.16 Preservation of Existence 38 Section 6.17 Delivery of Instruments, etc. 38 Section 6.18 Sale or Transfer of Assets; Suspension of Business Operations 38 Section 6.19 Consolidation and Merger; Asset Acquisitions 38 Section 6.20 Sale and Leaseback 38 Section 6.21 Restrictions on Nature of Business 39 Section 6.22 Accounting 39 Section 6.23 Discounts, etc. 39 Section 6.24 Plans 39 Section 6.25 Place of Business; Name 39 Section 6.26 Constituent Documents; S Corporation Status 39 Section 6.27 Affiliate Transactions 39 Section 6.28 Performance by the Lender 39

Existence and Power; Name. Chief Executive Office;

Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number and Organizational Identification Number. Company is a corporation organized, validly existing and in good standing under the laws of the State of Minnesota and is licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. Company has all requisite power and authority to conduct its business, to own its properties and to execute and deliver, and to perform all of its obligations under, those Loan Documents and any other documents or agreements that it has entered into with ▇▇▇▇▇ Fargo related to this Agreement. During its existence, Company has done business solely under the names set forth below in addition to its correct legal name. Company’s chief executive office and principal place of business is located at the address set forth below, and all of Company’s records relating to its business or the Collateral are kept at that location. All Inventory and Equipment is located at that location or at one of the other locations set forth below. Company’s name, Federal Employer Identification Number and Organization Identification Number are correctly set forth at the end of the Agreement next to Company’s signature. Intercon One ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 1) ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2) ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 3) ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, MN 56425 4) ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, Baxter, MN 56425 5) ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 6) ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, MN 56465 7) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇ & ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 8) ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ NW, Bemidji, MN 56601 9) ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 10) ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 11) ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇

Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number and Organizational Identification Number. CUL is a corporation duly organized, validly existing and in good standing under the laws of the State of Washington and is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary, except where the failure to be so licensed or qualified could not reasonably be expected to have a Material Adverse Effect or could not reasonably be expected to impair the Lender's ability to liquidate, or to fully realize upon, the Collateral. GUAM is a corporation duly organized, validly existing and in good standing under the laws of the Territory of Guam and is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary, except where the failure to be so licensed or qualified could not reasonably be expected to have a Material Adverse Effect or could not reasonably be expected to impair the Lender's ability to liquidate, or to fully realize upon, the Collateral. NEV is a corporation duly organized, validly existing and in good standing under the laws of the State of Nevada and is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary, except where the failure to be so licensed or qualified could not reasonably be expected to have a Material Adverse Effect or could not reasonably be expected to impair the Lender's ability to liquidate, or to fully realize upon, the Collateral. USVI is a corporation duly organized, validly existing and in good standing under the laws of the U.S. Virgin Islands and is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary, except where the failure to be so licensed or qualified could not reasonably be expected to have a Material Adverse Effect or could not reasonably be expected to impair the Lender's ability to liquidate, or to fully realize upon, the Collateral. The Borrower has...

Existence and Power; Name. Chief Executive Office; Inventory Locations; Federal Employer Identification Number. Each of Ramtron and EMS is a corporation, duly organized, validly existing and in good standing under the laws of the State of Delaware. Mushkin is a corporation, duly organized, validly existing and in good standing under the laws of the State of Colorado. Each Borrower is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. Each Borrower has all requisite power and authority to conduct its business, to own its properties and to execute and deliver, and to perform all of its obligations under, the Loan Documents. During the past six years, each Borrower has done business solely under the names set forth in Schedule 5. 1. Each Borrower's chief executive office and principal place of business is located at the address set forth in Schedule 5.1 and all of such Borrower's records relating to its business or the Collateral are kept at that location. All Inventory is located at that location or at one of the other locations listed in Schedule 5.1. Each Borrower's federal employer identification number is correctly set forth in Section 3.6.

Existence and Power; Name. CHIEF EXECUTIVE OFFICE; INVENTORY AND EQUIPMENT LOCATIONS; FEDERAL EMPLOYER IDENTIFICATION NUMBER AND ORGANIZATIONAL IDENTIFICATION NUMBER. The Borrowers are corporations duly organized, validly existing and in good standing under the laws of their respective states of incorporation and are duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by them makes such licensing or qualification necessary. The Borrowers have all requisite power and authority to conduct their business, to own their properties and to execute and deliver, and to perform all of their obligations under, the Loan Documents. During their existence, the Borrowers have done business solely under the names set forth in Schedule 5.1. Each Borrower's chief executive office and principal place of business is located at the address set forth in Schedule 5.1, and all of the Borrowers' records relating to their business or the Collateral are kept at those locations. All Inventory and Equipment is located at that location or at one of the other locations listed in Schedule 5.1. The Borrowers' respective federal employer identification numbers and organization identification numbers are correctly set forth in Section 3.6.

Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number and Organizational Identification Number 26 Section 5.2 Capitalization 26 Section 5.3 Authorization of Borrowing; No Conflict as to Law or Agreements 26 Section 5.4 Legal Agreements 27 Section 5.5 Subsidiaries 27 Section 5.6 Financial Condition; No Adverse Change 27 Section 5.7 Litigation 27 Section 5.8 Regulation U 27

Existence and Power; Name. Each Borrower is a corporation duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization, except where the failure to be in good standing would not have a material adverse effect on the business taken as a whole. The name of each Borrower set forth in the first paragraph of this Agreement is the exact and current legal name of Borrower. The organizational number issued to Parent by the Secretary of State of Texas is 46499000. Borrower has all requisite power and authority, corporate or otherwise, to conduct its business, to own its properties and to execute and deliver, and to perform all of its obligations under, the Loan Documents.

Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number. Each Borrower is duly organized, validly existing and in good standing under the laws of the State of its organization and is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. Each Borrower has all requisite power and authority to conduct its business, to own its properties and to execute and deliver, and to perform all of its obligations under, the Loan Documents. For each Borrower, during its existence, (a) it has done business solely under the names set forth in Schedule 5.1, (b) its chief executive office and principal place of business is located at the address set forth in Schedule 5.1, (c) all of its records relating to its business or the Collateral are kept at that location, (d) all of its Inventory and Equipment is located at that location or at one of the other locations set forth in Schedule 5.1 hereto, and (e) its tax identification and organizational identification numbers are correctly set forth in Schedule 3.6 hereto.