Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number
Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number and Organizational Identification Number 29 Section 5.2 Capitalization 29 Section 5.3 Authorization of Borrowing; No Conflict as to Law or Agreements 30 Section 5.4 Legal Agreements 30 Section 5.5 Subsidiaries 30 Section 5.6 Financial Condition; No Adverse Change 30 Section 5.7 Litigation 30 Section 5.8 Regulation U 31 Section 5.9 Taxes 31 Section 5.10 Titles and Liens 31 Section 5.11 Intellectual Property Rights 31 Section 5.12 Plans 32 Section 5.13 Default 32 Section 5.14 Environmental Matters 33 Section 5.15 Submissions to Lender 33 Section 5.16 Financing Statements 34 Section 5.17 Rights to Payment 34 ARTICLE VI COVENANTS 34 Section 6.1 Reporting Requirements 34 Section 6.2 Financial Covenants 37 Section 6.3 Permitted Liens; Financing Statements 37 Section 6.4 Indebtedness 38 Section 6.5 Guaranties 38 Section 6.6 Investments and Subsidiaries 38 Section 6.7 Dividends and Distributions 39 Section 6.8 Salaries 39 Section 6.9 Intentionally Omitted 39 Section 6.10 Books and Records; Collateral Examination, Inspection and Appraisals 39 Section 6.11 Account Verification 40 Section 6.12 Compliance with Laws 40 Section 6.13 Payment of Taxes and Other Claims 40 Section 6.14 Maintenance of Properties 41 Section 6.15 Insurance 41 Section 6.16 Preservation of Existence 41 Section 6.17 Delivery of Instruments, etc 42 Section 6.18 Sale or Transfer of Assets; Suspension of Business Operations 42 Section 6.19 Consolidation and Merger; Asset Acquisitions 42 Section 6.20 Sale and Leaseback 42 Section 6.21 Restrictions on Nature of Business 43 Section 6.22 Accounting 43 Section 6.23 Discounts, etc 43
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 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. Trade Names Intercon One Chief Executive Office / Principal Place of Business 0000 Xxxxxxx Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, XX 00000 Other Inventory and Equipment Locations
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. 39 Section 5.2 Capitalization. 40 Section 5.3 Authorization of Borrowing; No Conflict as to Law or Agreements. 40 Section 5.4 Legal Agreements. 40 Section 5.5 Subsidiaries. 40 Section 5.6 Financial Condition; No Adverse Change. 41 Section 5.7 Litigation. 41 Section 5.8 Taxes. 41 Section 5.9 Titles and Liens. 41 Section 5.10 Intellectual Property Rights. 41 Section 5.11 Pension and Benefit Plans. 43 Section 5.12 Default. 43 Section 5.13 Environmental Matters. 43 Section 5.14 Pledged Equity Interests; Pledged Debt. 44 Section 5.15 Submissions to Lender. 44 Section 5.16 Financing Statements. 45 Section 5.17 Rights to Payment. 45 Section 5.18 Bank Accounts. 45 Section 5.19 Financial Solvency. 45 Article VI COVENANTS 46 Section 6.1 Reporting Requirements. 46 Section 6.2 Permitted Liens; Financing Statements. 49 Section 6.3 Indebtedness. 50 Section 6.4 Guarantees. 51 Section 6.5 Investments and Subsidiaries. 51 Section 6.6 Dividends and Distributions. 52
Existence and Power; Name. Chief Executive Office; Inventory and Equipment Locations; Federal Employer Identification Number and Organizational Identification Number. Tradestar is a corporation duly organized, validly existing and in good standing under the laws of the State of New Mexico 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.
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 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. 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.
