Incorporation; Qualification. Operator is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to own, lease, and operate its business as currently conducted. Operator is duly qualified to do business as a foreign corporation and is in good standing under the laws of each jurisdiction that its business, as currently being conducted, shall require it to be so qualified, except where the failure to be so qualified would not have a material adverse effect on Operator’s ability to perform its obligations under this Agreement.
Appears in 8 contracts
Samples: And Maintenance Agreement (Bloom Energy Corp), And Maintenance Agreement (Bloom Energy Corp), And Maintenance Agreement (Bloom Energy Corp)
Incorporation; Qualification. Operator is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to own, lease, and operate its business as currently conducted. Operator is duly qualified to do business as a foreign corporation and is in good standing under the laws of each jurisdiction that its business, as currently being conducted, shall require it to be so qualified, except where the failure to be so qualified would not have a material adverse effect Material Adverse Effect on Operator’s Operator or its ability to perform its obligations under this Agreementhereunder.
Appears in 2 contracts
Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp), Master Operations and Maintenance Agreement (Bloom Energy Corp)