Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.
Appears in 11 contracts
Samples: Subordination Agreement (BTHC VII Inc), Subordination Agreement (Whitehall Jewelers Holdings, Inc.), Intercreditor and Lien Subordination Agreement (Whitehall Jewellers Inc)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (ia) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiaryits Subsidiaries.
Appears in 5 contracts
Samples: Revolving Credit Agreement (National Auto Finance Co Inc), Revolving Credit Agreement (Answerthink Inc), Revolving Credit and Term Loan Agreement (Emmis Broadcasting Corporation)
Incorporation; Good Standing. Each of the Borrower Borrowers and its respective Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state place of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the such Borrower or such Subsidiary.
Appears in 3 contracts
Samples: Credit Agreement (Transtechnology Corp), Credit Agreement (Transtechnology Corp), Credit Agreement (Ict Group Inc)
Incorporation; Good Standing. Each of the Borrower represents and warrants that such Borrower and its Subsidiaries (ia) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the such Borrower or such Subsidiary.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc)
Incorporation; Good Standing. Each of the Borrower and its ---------------------------- Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Fairfield Communities Inc), Revolving Credit Agreement (California Steel Industries Inc), Revolving Credit Agreement (Value Health Inc / Ct)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the such Borrower or such its Subsidiary.
Appears in 3 contracts
Samples: Credit Agreement (Starter Corp), Credit Agreement (Xomed Surgical Products Inc), Credit Agreement (Starter Corp)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiaryits Subsidiaries.
Appears in 2 contracts
Samples: Revolving Credit Agreement (New England Business Service Inc), Revolving Credit Agreement (New England Business Service Inc)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets business or financial condition of the Borrower or such Subsidiaryand its Subsidiaries taken as a whole.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (ia) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or the Borrower and such Subsidiary, taken as a whole.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit and Term Loan Agreement (Western Digital Corp)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries Subsidiaries, (ia) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiaryits Subsidiaries.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially material adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.
Appears in 1 contract
Samples: Revolving Credit and Deferred Payment Sales Agreement (Andersen Group Inc)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (ia) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially material adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.
Appears in 1 contract
Samples: Revolving Credit Agreement (Republic Engineered Steels Inc)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (ia) is a corporation or limited liability company duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.
Appears in 1 contract
Samples: Revolving Credit Agreement (Aztec Technology Partners Inc /De/)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (ia) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cabot Microelectronics Corp)
Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a materially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiaryand its Subsidiaries, taken as a whole.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)
