Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 3 contracts
Samples: Term Loan and Security Agreement (ARKO Corp.), Term Loan and Security Agreement (GPM Petroleum LP), Term Loan and Security Agreement (GPM Petroleum LP)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or incorporation/formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or incorporation/formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.), Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.)
Good Standing Certificates. Agent shall have received received, in form and substance satisfactory to Agent, good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s 's and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s 's and each Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (E Com Ventures Inc), Revolving Credit and Security Agreement (E Com Ventures Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 20 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or or formation, as applicablethe case may be, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 2 contracts
Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Revolving Credit and Security Agreement (Valuevision Media Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualificationfailure to be so qualified could reasonably be expected to have a Material Adverse Effect;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation)
Good Standing Certificates. Agent shall have received good standing certificates for Holdings, each Borrower and each Guarantor dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of Holdings’, each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, or formation and each jurisdiction where the conduct of Holdings, each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Fairchild Corp), Export Import Revolving Credit and Security Agreement (Fairchild Corp)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each for Guarantor dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each 's or of Guarantor’s 's, as the case may be, jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each such Borrower’s and each 's or of Guarantor’s 's, as the case may be, business activities or the ownership of its properties necessitates qualification;
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Richton International Corp), Revolving Credit and Term Loan Agreement (Richton International Corp)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 ten days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s 's and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s 's and each Guarantor’s 's business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Samples: Loan and Security Agreement (Lets Talk Cellular & Wireless Inc)
Good Standing Certificates. The Administrative Agent shall have received good standing certificates for each the Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each the Borrower’s 's and each such Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, or formation and each jurisdiction where the conduct of each the Borrower’s 's and each such Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit, Equipment Loan, Term Loan and Security Agreement (McMS Inc /De/)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower Company and each Guarantor dated not more than 30 fifteen (15) days prior to the Deferred Draw Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Good Standing Certificates. The Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 ten (10) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s 's and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s 's and each Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Credit, Guaranty and Security Agreement (Evergreen International Aviation Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 fifteen (15) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Crocs, Inc.)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 75 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, or formation and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, organization and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Apac Customer Service Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Berliner Communications Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, organization and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Intcomex, Inc.)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower Company and each Guarantor dated not more than 30 fifteen (15) days prior to the Initial Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Good Standing Certificates. Agent shall have received good standing certificates for each Holdings, Borrower and each Guarantor that is not an individual dated not more than 30 60 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Holdings', Borrower’s 's and each such Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Holdings', Borrower’s 's and each such Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Small World Kids Inc)
Good Standing Certificates. Agent shall have received good standing certificates for Holdings, each Borrower and each other Guarantor dated not more than 30 ten (10) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of Holdings’, each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualificationfailure to qualify as a foreign corporation could reasonably be expected to have a Material Adverse Effect;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Kitty Hawk Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Trescom International Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Hudson Technologies Inc /Ny)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower Company and each Guarantor dated not more than 30 fifteen (15) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Good Standing Certificates. Administrative Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 20 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or or formation, as applicable, and with respect to each Borrower, each jurisdiction where the conduct of each such Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Skullcandy, Inc.)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 ten (10) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, formation and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (NYTEX Energy Holdings, Inc.)
Good Standing Certificates. Agent shall have received received, in form and substance satisfactory to Agent in its sole discretion, good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s 's and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s 's and each Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Delta Mills Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s 's and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s 's and each Guarantor’s 's business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit, Term Loan, Guaranty and Security Agreement (Sunsource Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and Borrower, each Guarantor and IFS Management dated not more than 30 days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s, such Guarantor’s and each Guarantoror IFS Management’s jurisdiction of incorporation and/or or formation, as applicable, applicable and each jurisdiction where the conduct of each Borrower’s, such Guarantor’s and each GuarantorIFS Management’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Eos International Inc)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each or such Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each such Borrower’s and each or such Guarantor’s business activities or the ownership of its properties necessitates qualificationqualifications (except where failure to be so qualified and in good standing could not reasonably be expected to have a Material Adverse Effect);
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Hutchinson Technology Inc)
Good Standing Certificates. Agent shall have received good standing certificates or similar document for each Borrower and each Guarantor dated not more than 30 ten (10) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, or organization and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Geokinetics Inc)
Good Standing Certificates. The Agent shall have received good standing certificates for each the Borrower and each Guarantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each the Borrower’s 's and each Guarantor’s 's jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each the Borrower’s and each 's or such Guarantor’s 's business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Good Standing Certificates. Administrative Agent shall have received good standing certificates for each Borrower and each Guarantor Guarantor, dated not more than 30 fifteen days prior to the Original Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct such Borrower or Guarantor conducts business in a state from which Borrowers derive an aggregate of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification$4,000,000 in revenue annually;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Comforce Corp)
Good Standing Certificates. The Agent shall have received good standing certificates for each Borrower the Company and each Guarantor dated not more than 30 fifteen (15) days prior to the Deferred Draw Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Samples: Note Purchase Agreement (GreenHunter Resources, Inc.)
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor dated not more than 30 days (or such longer period as is acceptable to Agent) prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, or organization and each jurisdiction where the conduct of each Borrower’s Borrower and each Guarantor’s business activities or the ownership Guarantor maintain their principal place of its properties necessitates qualificationbusiness;
Appears in 1 contract
Samples: Revolving Credit Agreement (Behringer Harvard Reit I Inc)
Good Standing Certificates. The Agent shall have received good standing certificates for each Borrower the Company and each Guarantor dated not more than 30 fifteen (15) days prior to the Initial Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;.
Appears in 1 contract
Samples: Note Purchase Agreement (GreenHunter Resources, Inc.)
Good Standing Certificates. Agent shall have received good -------------------------- standing certificates for each Borrower and each Guarantor dated not more than 30 ten (10) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s the applicable jurisdiction of incorporation and/or or formation, as applicable, and each jurisdiction where the conduct of each Borrower’s 's and each Guarantor’s of its Subsidiaries' business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Good Standing Certificates. Agent shall have received good standing certificates for each Borrower and each Guarantor Gurantor dated not more than 30 thirty (30) days prior to the Closing Date, issued by the Secretary of State or other appropriate official of each Borrower’s and each Guarantor’s jurisdiction of incorporation and/or formation, as applicable, or formation and each jurisdiction where the conduct of each Borrower’s and each Guarantor’s business activities or the ownership of its properties necessitates qualification;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Image Entertainment Inc)