Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification
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 27 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 28 Section 5.9 Taxes 28 Section 5.10 Title and Liens 28 Section 5.11 Intellectual Property Rights. 28 Section 5.12 Plans 30 Section 5.13 Default 30 Section 5.14 Environmental Matters. 30 Section 5.15 Intentionally Deleted 31 Section 5.16 Financing Statements 31 Section 5.17 Rights to Payment 31 Section 5.18 Financial Solvency 31 Section 5.19 Additional Representations and Warranties 32 Article VI COVENANTS 32 Section 6.1 Reporting Requirements 32 Section 6.2 Mimimum Availability 36 Section 6.3 Permitted Liens; Financing Statements. 36 Section 6.4 Indebtedness 37 Section 6.5 Guaranties 38 Section 6.6 Investments and Subsidiaries 38 Section 6.7 Dividends and Distributions 38 Section 6.8 Salaries 39 Section 6.9 Restricted Payments 39 Section 6.10 Books and Records; Collateral Examination, Inspection and Appraisals; Deposit Account Agreements and Securities Account Agreements 39 Section 6.11 Account Verification 41 Section 6.12 Compliance with Laws. 41 Section 6.13 Payment of Taxes and Other Claims 42 Section 6.14 Maintenance of Properties. 42 Section 6.15 Insurance 42 Section 6.16 Preservation of Existence 43 Section 6.17 Delivery of Instruments, etc 43 Section 6.18 Sale or Transfer of Assets; Suspension of Business Operations 43 Section 6.19 Consolidation and Merger; Asset Acquisitions 43 Section 6.20 Sale and Leaseback 43 Section 6.21 Restrictions on Nature of Business 43 Section 6.22 Accounting 44 Section 6.23 Plans 44 Section 6.24 Place of Business; Name 44 Section 6.25 Amendments to Certain Documents 44 Section 6.26 Performance by the Lender 44
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. 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 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 Xxxxx 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 0000 Xxxxxxx Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, XX 00000
1) 000 Xxxxxxxxxx Xxxxx, Xxxxxxx, XX 00000 2) 0000 Xxxx 00xx Xxxxxx, Xxxxxxxx, XX 00000 3) 0000 Xxxxxxxx Xxxx, Xxxxxx, MN 56425 4) 0000 Xxxxxxxx Xxxx, Baxter, MN 56425 5) 0000 Xxxxxxxx Xxxxxx, Xxxxxxxx, XX 00000 6) 00000 Xxxxxxx Xxxx Xxxx, Xxxxxxxxxx, MN 56465 7) 0000 Xxxxxxx Xxxx, Xxx 000 & 000, Xxxxxxx, XX 00000 8) 0000 Xxxxxx Xxxxx NW, Bemidji, MN 56601 9) 0000 Xxxx Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx 00000 10) 000 0xx Xxxxxx X.X. Xxxxxx, Xxxxxxxxx 00000
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 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. 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.
Existence and Power; Name. CHIEF EXECUTIVE OFFICE; INVENTORY AND EQUIPMENT LOCATIONS; FEDERAL EMPLOYER IDENTIFICATION NUMBER AND ORGANIZATIONAL IDENTIFICATION NUMBER. Each Borrower is a corporation, duly organized, validly existing and in good standing under the laws of the state if its formation 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
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 and Equipment is located at that location or at one of the other locations listed in SCHEDULE 5.1. Each Borrower's federal employer identification number and organization identification number 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. 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.
