Existence of Borrower. If Borrower is a corporation or other form of entity, Borrower shall maintain its existence in good standing under the laws of the state in which it is organized and maintain its qualification as a foreign entity in good standing in each jurisdiction in which the nature of its business requires qualification as a foreign entity and where the failure to qualify would have a material adverse effect on Borrower's business.
Existence of Borrower. (a) The Borrower shall take all reasonable steps to maintain its identity as a separate legal entity from that of its members. The Borrower shall keep its principal place of business at the address specified on Appendix B. The Borrower shall keep separate books and records and will not commingle its respective funds with those of any other Person. The Borrower shall, to the maximum extent permitted by applicable law, keep in full force and effect its rights and franchises as a limited liability company incorporated under the laws of the State of Delaware, shall comply with the provisions of its organizational documents, and shall obtain and preserve its qualification to do business as a foreign limited liability company in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement or any of the Collateral.
(b) The Borrower shall ensure that all limited liability company or other formalities regarding its existence (including, to the extent required by applicable law, holding regular member and managers or other similar meetings) are followed and shall conduct business in its name. The Borrower shall not take any action, or conduct its affairs in a manner, that is likely to result in its separate existence being ignored, will fail to correct any known misunderstanding regarding its existence, or in its assets and liabilities being substantively consolidated with any other Person in a bankruptcy, reorganization or other insolvency proceeding. Without limiting the foregoing, the Borrower shall not (A) have any employees (other than members, managers and any other officers appointed in compliance with the Limited Liability Company Agreement), (B) engage in any transaction with any member (other than the issuance of the Borrower’s equity) that would constitute a conflict of interest (provided that the Limited Liability Company Agreement, the Collateral Administration Agreement, the Sale and Contribution Agreement and the Investment Management Agreement shall not be deemed to be such a transaction that would constitute a conflict of interest) or (C) pay dividends other than in accordance with the Priority of Payments or any other provision of any Transaction Document that expressly permits dividends.
(c) The Borrower shall (1) have a board of managers separate from that of any other person (although members of the board of managers of the Borrower may serve as managers of one or more Affili...
Existence of Borrower of the Indenture shall be binding upon the Borrower as if such section (and the corresponding defined terms) had been set forth herein in its entirety.
Existence of Borrower. The Borrower shall comply with the provisions of Section 7.4 of the Indenture with respect to the existence of the Borrower and the provisions of Section 7.4 of the Indenture are incorporated by reference mutatis mutandis.
Existence of Borrower. The Borrower is a corporation duly incorporated, validly existing and in good standing under the laws of the state indicated at the beginning of this Agreement. The Borrower has not, in the past five years, operated under any name, including any trade name or assumed name, other than the name indicated at the beginning of this Agreement.
Existence of Borrower. The Borrower is a corporation duly incorporated, validly existing and in good standing under the laws of the state indicated at the beginning of this Agreement and is qualified to conduct its business in Minnesota and in all other States in which it conducts its business.
Existence of Borrower. Borrower and Guarantor are each a corporation duly incorporated, validly existing and in good standing under the laws of the state indicated at the beginning of this Agreement 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 it makes such licensing or qualification necessary, except as permitted by Section 3.2(g) hereto. Borrower and Guarantor have not, in the past five years, operated under any name, including any trade name or assumed name, other than the names indicated at the beginning of this Agreement, the names of the Subsidiaries listed in Section 4.1(l) and the following names: Sunrise Leasing Corporation, Sunrise Financial Resources, Sunrise Funding Corporation I, Cisco Systems Capital Corporation, Digital Telecommunications Capital, International Leasing Corporation, Internet Finance and Equipment Capital Corporation, MicroSystem Solutions, Sonic Solutions Capital Corporation, Sun Microsystems Finance, Symmetricom Capital, H.A. Technical Solutions, LLC, King Leasing S. de R.L. xx C.V., King Services Administrators S. de R.L. xx C.V. and Vanguard Investments LLC.
Existence of Borrower. Borrower shall preserve and keep in full force and effect its existence, rights, franchises, and trade names. Borrower shall promptly pay any and all taxes to preserve its existence in Nevada, Texas, and New Mexico, and shall comply with all of the foregoing state requirements to maintain its authority to transact business in Nevada, Texas, and New Mexico.
Existence of Borrower. Borrower was formed pursuant to that certain Certificate of Formation dated as of April 1, 2014 and is governed pursuant to that certain Second Amended and Restated Agreement of Limited Liability Company Agreement dated as of September 19, 2014 (as amended, modified, supplemented, or restated from time to time, the “Operating Agreement”).
Existence of Borrower. The Borrower is a limited liability company, duly organized, validly existing and in good standing under the laws of the state of its organization and is authorized to do business and in good standing as a foreign limited liability company in every jurisdiction in which it owns or leases real property or in which the nature of its business requires it to be so qualified, except where the failure to so qualify, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.
