Common use of Existence, Properties, Etc Clause in Contracts

Existence, Properties, Etc. (a) Pledgor shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be necessary (i) to maintain its due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)); and (b) Pledgor shall not do, or cause to be done, any act impairing its corporate power or authority (i) to carry on its business as now conducted, and (ii) to execute or deliver this Agreement, or any other loan instrument delivered pursuant to the Confidential Private Placement Memorandum of Pledgor dated May 14, 1999 (which other loan instruments collectively shall be referred to the "Loan Instruments") to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes of this Agreement, the term "Material Adverse Affect" shall mean any material and adverse affect, whether individually or in the aggregate, upon (a) Pledgor's assets, business, operations, properties or condition, financial or otherwise, (b) the ability of Pledgor to make payment as and when due of all or any part of the Obligations, or (c) the Pledged Collateral.

Existence, Properties, Etc. (a) Pledgor The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain its Company's due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)below); and (b) Pledgor the Company shall not do, or cause to be done, any act impairing its the Company's corporate power or authority (i) to carry on its the Company's business as now conducted, and (ii) to execute or deliver this Agreement, Agreement or any other loan instrument document delivered pursuant to in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Confidential Private Placement Memorandum of Pledgor dated May 14, 1999 Secured Party (which other loan instruments collectively shall be referred to the as "Loan Instruments") to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes purpose of this Agreement, the term "Material Adverse AffectEffect" shall mean any material and adverse affectaffect as determined by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) Pledgorthe Company's assets, business, operations, properties or condition, financial or otherwise, ; (b) the ability of Pledgor Company's to make payment as and when due of all or any part of the Obligations, ; or (c) the Pledged CollateralProperty.

Existence, Properties, Etc. (a) Pledgor shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be necessary (i) to maintain its due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)); and (b) Pledgor shall not do, or cause to be done, any act impairing its corporate power or authority (i) to carry on its business as now conducted, and (ii) to execute or deliver this Agreement, or any other loan instrument delivered pursuant to the Confidential Private Placement Memorandum of Pledgor dated May 1417, 1999 2001, as amended (which other loan instruments collectively shall be referred to the "Loan Instruments") to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes of this Agreement, the term "Material Adverse Affect" shall mean any material and adverse affect, whether individually or in the aggregate, upon (a) Pledgor's assets, business, operations, properties or condition, financial or otherwise, (b) the ability of Pledgor to make payment as and when due of all or any part of the Obligations, or (c) the Pledged Collateral.

Existence, Properties, Etc. (a) Pledgor The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain its Company's due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)below); and (b) Pledgor the Company shall not do, or cause to be done, any act impairing its the Company's corporate power or authority (i) to carry on its the Company's business as now conducted, and (ii) to execute or deliver this Agreement, Agreement or any other loan instrument document delivered pursuant to in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Confidential Private Placement Memorandum of Pledgor dated May 14, 1999 Secured Party (which other loan instruments collectively shall be referred to as the "Loan Instruments") to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes purpose of this Agreement, the term "Material Adverse AffectEffect" shall mean any material and adverse affectaffect as determine by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) Pledgorthe Company's assets, business, operations, properties or condition, financial or otherwise, ; (b) the ability of Pledgor Company's to make payment as and when due of all or any part of the Obligations, ; or (c) the Pledged CollateralProperty.

Existence, Properties, Etc. (a) Pledgor The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain its Company’s due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)below); and (b) Pledgor the Company shall not do, or cause to be done, any act impairing its the Company’s corporate power or authority (i) to carry on its the Company’s business as now conducted, and (ii) to execute or deliver this Agreement, Agreement or any other loan instrument document delivered pursuant to in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Confidential Private Placement Memorandum of Pledgor dated May 14, 1999 Secured Party (which other loan instruments collectively shall be referred to as the "“Loan Instruments"”) to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes purpose of this Agreement, the term "“Material Adverse Affect" Effect” shall mean any material and adverse affect, affect whether individually or in the aggregate, upon (a) Pledgor's the Company’s assets, business, operations, properties or condition, financial or otherwise, ; (b) the Company’s ability of Pledgor to make payment as and when due of all or any part of the Obligations, ; or (c) the Pledged CollateralProperty.

Existence, Properties, Etc. (a) Pledgor The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain its Company’s due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)below); and (b) Pledgor the Company shall not do, or cause to be done, any act impairing its the Company’s corporate power or authority (i) to carry on its the Company’s business as now conducted, and (ii) to execute or deliver this Agreement, Agreement or any other loan instrument document delivered pursuant to in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Confidential Private Placement Memorandum of Pledgor dated May 14, 1999 Secured Party (which other loan instruments collectively shall be referred to as the "“Loan Instruments"”) to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes purpose of this Agreement, the term "“Material Adverse Affect" Effect” shall mean any material and adverse affectaffect as determined by Secured Party in its reasonable discretion, whether individually or in the aggregate, upon (a) Pledgor's the Company’s assets, business, operations, properties or condition, financial or otherwise, ; (b) the ability of Pledgor Company’s to make payment as and when due of all or any part of the Obligations, ; or (c) the Pledged Collateral.)

Existence, Properties, Etc. (a) Pledgor The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain its Company's due organization, valid existence and good standing under the laws of its state jurisdiction of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined in this Section 6.1(a)below); and (b) Pledgor the Company shall not do, or cause to be done, any act impairing its the Company's corporate power or authority (i) to carry on its the Company's business as now conducted, and (ii) to execute or deliver this Agreement, Agreement or any other loan instrument document delivered pursuant to in connection herewith, including, without limitation, any Financing Statements required by the Confidential Private Placement Memorandum of Pledgor dated May 14, 1999 Secured Party (which other loan instruments collectively shall be referred to as the "Loan Instruments") to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purposes purpose of this Agreement, the term "Material Adverse AffectEffect" shall mean any material and adverse affectaffect as determine by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) Pledgorthe Company's assets, business, operations, properties or condition, financial or otherwise, ; (b) the ability of Pledgor Company's to make payment as and when due of all or any part of the Obligations, ; or (c) the Pledged Collateral.