Good Standing of the Advisers. Each of the Advisers has been duly organized and is validly existing and in good standing as corporations under the laws of the State of Delaware with full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and each is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required.
Good Standing of the Advisers. NB Management has been duly organized and is validly existing and in good standing as a corporation under the laws of the State of New York, and NB LLC has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the State of Delaware with full corporate or limited liability company, respectively, power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and each is duly qualified as a foreign corporation or limited liability company, respectively, to transact business and is in good standing in each other jurisdiction in which such qualification is required except as would not, individually or in the aggregate, result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of such Adviser, whether or not arising in the ordinary course of business (an "Adviser Material Adverse Effect").
Good Standing of the Advisers. Such Adviser has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the state of Delaware, with full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package, and the Prospectus and to enter into and perform its obligations under this Agreement and the Fund Agreements; and such Adviser is duly qualified as a foreign limited liability company to transact business and is in good standing in each other jurisdiction in which such qualification is required, except where the failure so to qualify or to be in good standing would not result in a material adverse effect on such Adviser's ability to perform its obligations under the Investment Advisory Agreement, the Investment Sub-Advisory Agreement, the Structuring Fee Agreement between Xxxxxxx Xxxxx and the Advisers (the "Xxxxxxx Xxxxx Structuring Fee Agreement") and the Structuring Fee Agreement between Xxxxxx Xxxxxxx and the Advisers (the "Xxxxxx Xxxxxxx Structuring Fee Agreement" and, together with the Xxxxxxx Xxxxx Structuring Fee Agreement, the "Fee Agreements") to which it is a party.
Good Standing of the Advisers. Each of the Advisers has been duly organized and is validly existing and in good standing as a corporation under the laws of the State of California or the United Kingdom, as the case may be, with full corporate power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and each is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, except to the extent that failure to be so qualified and in good standing would not have a Material Adverse Effect on the Adviser's ability to provide services to the Trust.
Good Standing of the Advisers. BAL has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the State of Delaware; BFM has been duly organized and is validly existing and in good standing as a corporation under the laws of the State of Delaware; BIM has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the State of Delaware, each with full power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and is duly qualified as a foreign limited liability company or corporation, as applicable, to transact business and is in good standing in each other jurisdiction in which such qualification is required, except where failure to so qualify would not result in a material adverse effect of an Adviser.
Good Standing of the Advisers. Such Adviser has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the state of Delaware, with full power and authority to own, lease and operate its properties and to conduct its businesses as described in the Prospectus and such Adviser is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, except to the extent that failure to be so qualified and in good standing would not have a material adverse effect on such Adviser's ability to perform its obligations under the Investment Advisory Agreement, the Investment Sub-Advisory Agreement, the Additional Compensation Agreement between Mxxxxxx Lxxxx and the Advisers (the "Additional Compensation Agreement"), [additional structuring fees] and, together with the Additional Compensation Agreement, [additional structuring fees], the "Additional Compensation Agreements") to which it is a party.
Good Standing of the Advisers. Such Adviser has been duly organized and is validly existing and, to the extent such concept exists in its jurisdiction of organization, in good standing under the laws of its jurisdiction of organization, with full power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package, and the Prospectus and to enter into and perform its obligations under this Agreement and the Trust Agreements to which it is a party; and such Adviser is duly qualified to transact business and is in good standing in each other jurisdiction in which such qualification is required, except where the failure so to qualify or to be in good standing would not result in a material adverse effect on (i) such Adviser’s ability to perform its obligations under the Investment Management Agreement, each Sub-Advisory Agreement, the Structuring Fee Agreement between Xxxxxxx Xxxxx and the Investment Adviser (the “Xxxxxxx Xxxxx Structuring Fee Agreement”) and the Structuring Fee Agreement between Xxxxxx Xxxxxxx and the Investment Adviser (the “Xxxxxx Xxxxxxx Structuring Fee Agreement” and, together with the Xxxxxxx Xxxxx Structuring Fee Agreement, the “Fee Agreements”) to which it is a party, (ii) the condition, financial or otherwise, earnings, business status or business prospects of such Adviser, or (iii) such Adviser’s ability to function as an investment adviser (an “Adviser Material Adverse Effect”).
Good Standing of the Advisers. The Investment Adviser has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the State of Delaware, and PIMCO has been duly organized and is validly existing and in good standing as a limited liability company under the laws of the State of Delaware with full limited liability company power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and each is duly qualified as a foreign limited liability company to transact business and is in good standing in each other jurisdiction in which such qualification is required, except to the extent that failure to be so qualified and in good standing would not have a Material Adverse Effect on either Adviser's ability to provide services to the Fund.
Good Standing of the Advisers. Each Adviser has been duly organized and is validly existing and in good standing as a corporation of limited liability company, as applicable, under the laws of the State of New York, Belgium, Hong Kong or the United Kingdom, as applicable, with full power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and is duly qualified as a foreign corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required except where the failure so to register or to qualify does not have a material adverse effect on the condition (financial or other), business, business prospects, properties, net assets or results of operations of an Adviser or on the ability of an Adviser to perform its obligations under this Agreement, the Management Agreement or the Sub-Advisory Agreements to which such Adviser is a party.
Good Standing of the Advisers. Each Adviser has been duly organized and is validly existing and in good standing as a limited liability company or corporation, as applicable, under the laws of the State of Delaware, with full power and authority to own, lease and operate its properties and to conduct its business as described in the Prospectus and is duly qualified to transact business and is in good standing in each other jurisdiction in which such qualification is required, except where failure to so qualify would not have a material adverse effect on such Adviser’s ability to perform its obligations under this Agreement, and, as applicable, under the Management Agreement, the Sub-Advisory Agreement, the Additional Compensation Agreement between Xxxxxxx Xxxxx and BAL (the “Additional Compensation Agreement”), the Structuring Fee Agreement between UBS Securities LLC and BAL (the “UBS Incentive Fee Agreement”), the Structuring Fee Agreement between Wachovia Capital Markets, LLC and BAL (the “Wachovia Structuring Fee Agreement” and, together with the Additional Compensation Agreement and the UBS Structuring Fee Agreement, the “Additional Compensation Agreements”).
