Common use of Existence and Power Clause in Contracts

Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser has all powers required to carry on such Purchaser's business as now conducted.

Appears in 13 contracts

Samples: Note and Warrant Purchase Agreement (Langer Inc), Preferred Stock and Warrant Purchase Agreement (Orthovita Inc), Common Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)

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Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's ’s organization. The Purchaser has all powers required to carry on such Purchaser's ’s business as now conducted.

Appears in 10 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Netsol Technologies Inc), Common Stock and Warrant Purchase Agreement (Nexmed Inc), Common Stock and Warrant Purchase Agreement (Avatech Solutions Inc)

Existence and Power. The Purchaser (a) is duly organized, organized and validly existing and in good standing under the laws Laws of the jurisdiction of such Purchaser's organization. The Purchaser its formation and (b) has all powers required requisite power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under this Agreement.

Appears in 8 contracts

Samples: Common Stock Purchase Agreement (Wecast Network, Inc.), Common Stock Purchase Agreement (You on Demand Holdings, Inc.), Common Stock Purchase Agreement (You on Demand Holdings, Inc.)

Existence and Power. The Purchaser is duly organizedincorporated, validly existing and in good standing under the laws Laws of the its jurisdiction of such Purchaser's organization. The Purchaser organization and has all powers required necessary corporate power and authority to enter into this Agreement and purchase the Notes, to carry on such Purchaser's business as now conductedout its obligations hereunder and to consummate the transactions contemplated hereby and thereby.

Appears in 8 contracts

Samples: Convertible Senior Notes Purchase Agreement (JinkoSolar Holding Co., Ltd.), Placement Agent Agreement (JinkoSolar Holding Co., Ltd.), Convertible Senior Notes Purchase Agreement (JinkoSolar Holding Co., Ltd.)

Existence and Power. The Purchaser Purchaser, if not a natural person, is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Such Purchaser has all powers required to carry on such Purchaser's business as now conductedbind it to the representations, warranties and covenants set forth herein.

Appears in 8 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Genetronics Biomedical Corp), Convertible Note Purchase Agreement (GlobalOptions Group, Inc.), Preferred Stock and Warrant Purchase Agreement (Transmeridian Exploration Inc)

Existence and Power. The Such Purchaser (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its formation and (b) has all powers required the requisite power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under this Agreement and each of the other Transaction Documents to which it is a party.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Local Matters Inc.), Stock Purchase Agreement (Local Matters Inc.), Stock Purchase Agreement (Local Matters Inc.)

Existence and Power. The Purchaser is duly organizedincorporated, validly existing and in good standing under the laws Laws of the its jurisdiction of such Purchaser's organization. The Purchaser organization and has all powers required necessary corporate power and authority to enter into this Agreement and the Note, to carry on such Purchaser's business as now conductedout its obligations hereunder and to consummate the transactions contemplated hereby and thereby.

Appears in 5 contracts

Samples: Convertible Note Purchase Agreement (NQ Mobile Inc.), Convertible Note Purchase Agreement (Priceline Group Inc.), Convertible Note Purchase Agreement (Priceline Group Inc.)

Existence and Power. The Purchaser Purchaser: (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's its organization. The Purchaser ; and (b) has all powers required the power and authority to carry on such Purchaser's own and operate its property, to lease the property it operates as lessee and to conduct the business as now conductedin which it is currently, or is currently proposed to be, engaged.

Appears in 5 contracts

Samples: Senior Subordinated Note and Warrant Purchase Agreement (Phoenix Racing Inc), Securities Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Securities Purchase Agreement (Steri Oss Inc)

Existence and Power. The Each Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction State of such Purchaser's organization. The Purchaser its formation and has all powers required requisite power and authority to carry on such Purchaser's own, lease and operate its properties and to conduct its business as now currently conducted.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Terfin International LTD), Securities Purchase Agreement (Three Cities Offshore Ii Cv), Securities Purchase Agreement (Family Bargain Corp)

Existence and Power. The Such Purchaser (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its formation and (b) has all powers required the requisite power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under this Agreement.

Appears in 4 contracts

Samples: Investment Agreement (Bluefly Inc), Stock Purchase Agreement (Infonow Corp /), Stock Purchase Agreement (Keystone Inc Et Al)

Existence and Power. The Purchaser is duly organizedincorporated, validly existing and in good standing under the laws Laws of the its jurisdiction of such Purchaser's organization. The Purchaser organization and has all powers required necessary corporate power and authority to enter into this Agreement and other Transaction Agreements, to carry on such Purchaser's business as now conductedout its obligations hereunder and thereunder and to consummate the transactions contemplated hereby and thereby.

Appears in 3 contracts

Samples: Convertible Notes Purchase Agreement, Convertible Notes Purchase Agreement (Ctrip Com International LTD), Convertible Notes Purchase Agreement (MakeMyTrip LTD)

Existence and Power. The Purchaser Such Purchaser: (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's its organization. The Purchaser ; and (b) has all powers required the power and authority to carry on such Purchaser's own and operate its property, to lease the property it operates as lessee and to conduct the business as now conductedin which it is currently, or is currently proposed to be, engaged.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Wiltek Inc), Stock Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Stock Purchase Agreement (Commercial Electronics LLC)

Existence and Power. The Purchaser is duly organizedincorporated, validly existing and in good standing under the laws Laws of the its jurisdiction of such Purchaser's organization. The Purchaser organization and has all powers required necessary corporate power and authority to enter into the Transaction Agreements, to carry on such Purchaser's business as now conductedout its obligations thereunder and to consummate the transactions contemplated thereby.

Appears in 3 contracts

Samples: Share Purchase Agreement (MakeMyTrip LTD), Share Purchase Agreement (Ctrip Com International LTD), Share Purchase Agreement (MakeMyTrip LTD)

Existence and Power. The Purchaser (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its organization and (b) has all powers required the power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under each Investment Document to which it is or will be a party.

Appears in 2 contracts

Samples: Note Purchase Agreement (Fermavir Pharmaceuticals, Inc.), Note Purchase Agreement (Inhibitex, Inc.)

Existence and Power. The Purchaser is duly organized, organized and validly existing and in good standing as a limited liability company under the laws of the jurisdiction of such Purchaser's organization. The Purchaser [] and has all powers required requisite power and authority to carry on such Purchaser's business as now conductedexecute and deliver this Agreement and to consummate the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Exchange Agreement, Exchange Agreement

Existence and Power. The Purchaser is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction state of such Purchaser's organization. The Purchaser its organization and has all powers required power and authority to carry enter into and perform its obligations under this Agreement, acting on such Purchaser's business as now conductedbehalf of the investment funds and accounts it manages.

Appears in 2 contracts

Samples: Share Subscription Agreement (Apollo Investment Corp), Share Subscription Agreement (Cb Richard Ellis Group Inc)

Existence and Power. The Purchaser is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its organization and has all powers required the power, authority and capacity to carry on such Purchaser's business as now conductedexecute and deliver this Agreement, to perform its obligations hereunder, and to consummate the transactions contemplated hereby.

Appears in 2 contracts

Samples: Notes and Warrants Purchase Agreement (Chinacast Education Corp), Notes and Warrants Purchase Agreement (Fir Tree Inc.)

Existence and Power. The Purchaser Purchaser (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its formation and (b) has all powers required the requisite power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Loral Space & Communications LTD), Stock Purchase Agreement (Cd Radio Inc)

Existence and Power. The Purchaser either (i) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its organization and has all powers required the power, authority and capacity to carry on such Purchaser's business as now conductedexecute and deliver this Agreement, to perform its obligations hereunder, and to consummate the transactions contemplated hereby, or (ii) is a natural person.

Appears in 2 contracts

Samples: Notes and Warrants Purchase Agreement (Chinacast Education Corp), Notes and Warrants Purchase Agreement (Fir Tree Inc.)

Existence and Power. The Purchaser Purchaser (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its formation and (b) has all powers required requisite power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (New Mountain Partners Lp), Preferred Stock Purchase Agreement (Res Care Inc /Ky/)

Existence and Power. The Such Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction state of such Purchaser's organization. The Purchaser its organization and has all powers required power and authority to carry on such Purchaser's business as now conductedenter into and perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Note Subscription Agreement (Customers Bancorp, Inc.), Note Subscription Agreement (Berkshire Hills Bancorp Inc)

Existence and Power. The Purchaser is duly organized, validly existing existing, and in good standing under the laws of the respective jurisdiction of such Purchaser's organization. The Purchaser incorporation and has all powers requisite power and authority required to own and lease its property and to carry on such Purchaser's its business as now presently conducted.

Appears in 1 contract

Samples: Series Seed Preferred Share Purchase Agreement (Evogene Ltd.)

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Existence and Power. The Purchaser Purchaser (a) is duly organized, organized and validly existing and in good standing under the laws Laws of the jurisdiction of such Purchaser's organization. The Purchaser its formation and (b) has all powers required requisite power and authority to carry on such Purchaser's business as now conductedexecute, deliver and perform its obligations under this Agreement.

Appears in 1 contract

Samples: Series D Preferred Stock Purchase Agreement (You on Demand Holdings, Inc.)

Existence and Power. The Purchaser is duly organized, organized and validly existing and in good standing as a [—] under the laws of the jurisdiction of such Purchaser's organization. The Purchaser [—] and has all powers required requisite power and authority to carry on such Purchaser's business as now conductedexecute and deliver this Agreement and to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Exchange Agreement (Monarch Community Bancorp Inc)

Existence and Power. The Each Purchaser is duly organized, ------------------- validly existing and in good standing under the laws of the jurisdiction of such Purchaser's its organization. The Each Purchaser has all powers required to carry on such Purchaser's its business as now conducted.

Appears in 1 contract

Samples: Stock Purchase Agreement (Clinicor Inc)

Existence and Power. The Purchaser (i) is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its organization and (ii) has all powers required requisite power and authority to carry on such Purchaser's business as now conductedexecute and deliver this Agreement and to consummate the transactions described herein.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hilltop Holdings Inc.)

Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser has all powers required to carry on such Purchaser's its business as now conducted.

Appears in 1 contract

Samples: Unit Purchase Agreement (NovaCopper Inc.)

Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's ’s organization. The Purchaser has all powers required to carry on such Purchaser's ’s business as now conductedconducted and to undertake the transactions contemplated by this Agreement and the Related Documents.

Appears in 1 contract

Samples: Convertible Note and Warrant Purchase Agreement (LOCAL Corp)

Existence and Power. The Purchaser is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction state of such Purchaser's organization. The Purchaser its organization and has all powers required requisite power and authority to carry on such Purchaser's business as now conductedenter into and perform its obligations under this Agreement.

Appears in 1 contract

Samples: Share Exchange Agreement (Ecoark Holdings, Inc.)

Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's its organization. The Purchaser has all powers required to carry on such Purchaser's business as now conducted.

Appears in 1 contract

Samples: Stock Purchase Agreement (Relationserve Media Inc)

Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its organization and has all powers required the power, authority and capacity to carry on such Purchaser's business as now conductedexecute and deliver this Agreement, to perform its obligations hereunder, and to consummate the transactions contemplated hereby.

Appears in 1 contract

Samples: Note Purchase Agreement (Keywin Holdings LTD)

Existence and Power. The Purchaser is Purchasers are duly organized, validly existing and in good standing under the laws of the their jurisdiction of such Purchaser's organization. The Purchaser has organization and have all powers (corporate, partnership or otherwise) and all material governmental licenses, authorizations, permits, consents and approvals required to carry on such Purchaser's business their businesses as now conducted.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (WRC Media Inc)

Existence and Power. The Such Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's its organization. The Such Purchaser has all powers power and authority required to enter into and to perform its obligations under this Agreement in accordance with its terms and to carry on such Purchaser's its business as now conducted. Such Purchaser has not been organized, reorganized or recapitalized specifically for the purpose of investing in the Company.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Familymeds Group, Inc.)

Existence and Power. The Such Purchaser is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of such Purchaser's organization. The Purchaser its organization and has all powers required requisite power and authority to carry on such Purchaser's business as now conductedenter into and perform its obligations under this Agreement.

Appears in 1 contract

Samples: Exchange Agreement (Protalix BioTherapeutics, Inc.)

Existence and Power. The Purchaser is duly organized, validly existing and in good standing under the laws of the jurisdiction of such Purchaser's its organization. The Purchaser has all powers required to carry on such Purchaser's business as now conductedbind it to the representations, warranties and covenants set forth herein.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (National Coal Corp)

Existence and Power. The Such Purchaser is duly organized, validly existing and in good standing under the laws of the its respective jurisdiction of such Purchaser's organization. The Purchaser , and has all powers partnership power required to carry on such Purchaser's its business as now being, and as proposed to be, conducted.

Appears in 1 contract

Samples: Common Unit Purchase Agreement (CNX Coal Resources LP)

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