Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization duly formed, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority and the legal right to own its property and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing under the laws of each jurisdiction where its ownership of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 14 contracts
Samples: Credit Agreement (Kayne Anderson MLP Investment CO), Credit Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Credit Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership or operation of property or the conduct of its business requires such qualification except where the failure to be so qualify duly qualified could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 14 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Revolving Credit Agreement (Bunge Global SA), Term Loan Agreement (Bungeltd)
Existence; Compliance with Law. The Each of the Borrower and each of its the Significant Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property and assets and to conduct the business in which it is currently engaged, except to the extent the failure to have such power or authority would not result in a Material Adverse Effect, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification qualification, except where the failure so to so qualify could or be in good standing would not reasonably be expected to have result in a Material Adverse Effect Effect, and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, would not result in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 9 contracts
Samples: Credit Agreement (Westar Energy Inc /Ks), Second Extension Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is duly formed, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity limited liability company and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property its Property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) Applicable Laws except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 6 contracts
Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership or operation of property or the conduct of its business requires such qualification qualification, except where the failure to be so qualify duly qualified could not reasonably be expected to have a Material Adverse Effect Effect, and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 4 contracts
Samples: Credit Agreement (Bungeltd), Credit Agreement (Bungeltd), Credit Agreement (Bungeltd)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is a corporation duly formedorganized, validly existing and in good standing under the laws of the jurisdiction state of its organizationincorporation, (b) has the power and authority authority, and the legal right right, to own its and operate property, to lease property and to conduct the its business in which it is currently engagedas now, heretofore and proposed to be conducted, (c) is duly qualified as a foreign entity and is in good standing under the laws of each jurisdiction where its ownership of property or the conduct of its business requires such qualification except where wherein the failure to be so qualify qualified and in good standing could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 3 contracts
Samples: Loan Agreement (Cynet Inc), Loan Agreement (Cynet Inc), Loan Agreement (Cynet Inc)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law Law, in each case with respect to clauses (includingb), without limitation(c) and (d), the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith as could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 2 contracts
Samples: Escrow Credit Agreement (Charter Communications, Inc. /Mo/), Escrow Credit Agreement (Charter Communications, Inc. /Mo/)
Existence; Compliance with Law. The Borrower and each Each of its Subsidiaries is the Loan Parties (a) an organization is duly formedformed or organized, validly existing and in good standing under the laws Laws of the jurisdiction of its organization, (b) has the corporate (or analogous) power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing under the laws Laws of each jurisdiction where its ownership of property or the conduct of its business requires such qualification is required, except where the failure to be so qualify qualified could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 2 contracts
Samples: Credit Agreement (SemGroup Corp), Term Loan Credit Agreement (SemGroup Corp)
Existence; Compliance with Law. The Each of the Borrower and each of its Material Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 2 contracts
Samples: Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is Material Subsidiary (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation or other organization and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 2 contracts
Samples: Credit Agreement (Marchex Inc), Credit Agreement (Marchex Inc)
Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation or other organization and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law Law, except in the case of each of (includingb) through (d), without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
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Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction State of its organizationCalifornia, (b) has the corporate power and corporate authority and the legal right to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation or other organization and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where to the extent that the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
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Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is the other Loan Parties (a) an organization is duly formedorganized, validly existing and in good standing subsisting under the laws of the jurisdiction of its organization, (b) has the corporate power and authority and the legal right to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing or subsisting, as applicable, under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification qualification, except where to the extent that the failure to be so qualify could not reasonably be expected to qualified would not, in the aggregate, have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to non-compliance with which would have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (Aqua America Inc)
Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the corporate power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect qualification, and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, whether individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
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Existence; Compliance with Law. The Borrower and each of its Subsidiaries is Material Subsidiary (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (National Financial Partners Corp)
Existence; Compliance with Law. The Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing subsisting under the laws of the jurisdiction of its organizationincorporation, (b) has the corporate power and authority and the legal right to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is to transact business in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification qualification, except where to the extent that the failure to be so qualify could not reasonably be expected to qualified would not, in the aggregate, have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to non‑compliance with which would have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (Aqua America Inc)
Existence; Compliance with Law. The Each of Holdings, the Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the corporate power and authority authority, and the legal right right, to own and operate its property Property, to lease the Property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property Property or the conduct of its business requires such qualification except where to the extent that the failure to be so qualify could qualified or in good standing would not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (includingexcept, without limitationin each case, the 1940 Act and the 0000 Xxx) except to the extent that the any such failure to comply therewith could not, in the aggregate, not reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (Empi Inc)
Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (Adams Outdoor Advertising LTD Partnership)
Existence; Compliance with Law. The Each of the Borrower and each of its Restricted Subsidiaries is (a) an organization duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is corporation, limited partnership or limited liability company, as the case may be, and, where applicable, in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law except, with respect to (includinga) - (d) above, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is the other Loan Parties (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign corporation or other entity and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (Merisel Inc /De/)
Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the corporate power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
Appears in 1 contract
Samples: Credit Agreement (Unidigital Inc)
Existence; Compliance with Law. The Each of the Borrower and each of its ------------------------------ Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
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Existence; Compliance with Law. The Each of the Borrower and each of its Subsidiaries is Guarantor (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity and is in good standing under the laws of each jurisdiction where its ownership ownership, lease or operation of property or the conduct of its business requires such qualification qualification, except where the failure to so qualify could such non-qualification would not reasonably be expected to have a Material Adverse Effect Effect, and (d) is in material compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorizedLaw.
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Existence; Compliance with Law. The Revolving Borrower and each of its Subsidiaries is (a) an organization is duly formedorganized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority authority, and the legal right right, to own and operate its property and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign entity corporation and is in good standing under the laws of each jurisdiction where its ownership or operation of property or the conduct of its business requires such qualification except where the failure to be so qualify duly qualified could not reasonably be expected to have a Material Adverse Effect and (d) is in compliance with all Requirements of Law (including, without limitation, the 1940 Act and the 0000 Xxx) except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The shares of the Borrower have been validly authorized.
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