Common use of Existence and Qualification; Power; Compliance With Laws Clause in Contracts

Existence and Qualification; Power; Compliance With Laws. Borrower is a corporation duly formed, validly existing and in good standing under the Laws of Delaware. The chief executive offices of Borrower are in Salt Lake City, Utah. Borrower is duly qualified or registered to transact business and is in good standing in California and in each other jurisdiction in which the conduct of its business or the ownership or leasing of its Property makes such qualification or registration necessary where the failure to be so qualified would have a Material Adverse Effect. Borrower has all requisite power and authority to conduct its business, to own and lease its Property and to execute, deliver and perform all of its Obligations under the Plan Documents. All outstanding Common Stock of Borrower is duly authorized, validly issued, fully paid and non-assessable and issued in compliance with all applicable state and federal securities and other Laws. Borrower is in compliance with all Laws and other legal requirements applicable to its business, has obtained all authorizations, consents, approvals, orders, licenses and permits from, and has accomplished all filings, registrations and qualifications with, or obtained exemptions from any of the foregoing from, any Governmental Agency that are necessary for the transaction of its business as now conducted, except where the failure so to comply, file, register, qualify or obtain exemptions would not have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (Leucadia National Corp), Loan Agreement (Homefed Corp), Loan Agreement (Homefed Corp)

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Existence and Qualification; Power; Compliance With Laws. Borrower is a corporation duly formed, validly existing and in good standing under the Laws of Delaware. The chief executive offices of Borrower are in Salt Lake City, UtahNevada. Borrower is duly qualified or registered to transact business and is in good standing in California and in each other jurisdiction in which the conduct of its business or the ownership or leasing of its Property Properties makes such qualification or registration necessary necessary, except where the failure so to qualify or register and to be so qualified in good standing would have not constitute a Material Adverse Effect. Borrower has all requisite corporate power and authority to conduct its business, to own and lease its Property Properties and to execute, execute and deliver each Loan Document to which it is a Party and to perform all of its Obligations under the Plan DocumentsObligations. All outstanding Common Stock shares of capital stock of Borrower is are duly authorized, validly issued, fully paid and paid, non-assessable and issued in compliance with all no holder thereof has any enforceable right of rescission under any applicable state and or federal securities and other Laws. Borrower is in compliance with all Laws and other legal requirements applicable to its business, has obtained all authorizations, consents, approvals, orders, licenses and permits from, and has accomplished all filings, registrations and qualifications with, or obtained exemptions from any of the foregoing from, any Governmental Agency that are necessary for the transaction of its business as now conductedbusiness, except where the failure so to comply, file, register, qualify or obtain exemptions would does not have constitute a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Mandalay Resort Group), Term Loan Agreement (Mandalay Resort Group), Revolving Loan Agreement (Mandalay Resort Group)

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Existence and Qualification; Power; Compliance With Laws. Borrower is a corporation duly formed, validly existing and in good standing under the Laws of Delaware. The chief executive offices of Borrower are in Salt Lake City, Utah. Borrower is duly qualified or registered to transact business business, and is in good standing standing, in California Arizona and in each other jurisdiction in which the conduct of its business or the ownership or leasing of its Property Properties makes such qualification or registration necessary necessary, except where the failure so to qualify or register and to be so qualified in good standing would have not constitute a Material Adverse Effect. Borrower has all requisite corporate power and authority to conduct its business, to own and lease its Property Properties and to execute, execute and deliver each Loan Document to which it is a Party and to perform all of its Obligations under the Plan DocumentsObligations. All outstanding Common Stock shares of capital stock of Borrower is are duly authorized, validly issued, fully paid and non-assessable paid, nonassessable and issued in compliance with all applicable state and federal securities and other Laws. Borrower is in compliance with all Laws and other legal requirements applicable to its business, has obtained all authorizations, consents, approvals, orders, licenses and permits from, and has accomplished all filings, registrations and qualifications with, or obtained exemptions from any of the foregoing from, any Governmental Agency that are necessary for the transaction of its business as now conductedbusiness, except where the failure so to comply, file, register, qualify or obtain exemptions would does not have constitute a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (B&f Fabrications Inc)

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