Incorporation, Standing, etc. The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, to enter into this Agreement, to issue and sell the Debentures, to issue the Conversion Shares and the Interest Shares and to carry out the terms of this Agreement and the Debentures. The Company has, by all necessary corporate action, duly authorized the execution and delivery of this Agreement and of the Debentures and the performance of its obligations hereunder and under the Debentures (including, without limitation, the issuance and sale of the Debentures and the issuance of the Conversion Shares and the Interest Shares).
Incorporation, Standing, etc. The Company is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Nevada and has all requisite corporate power and authority to own and operate its properties, to carry on its business as now conducted and to enter into this Agreement
Incorporation, Standing, etc. The Company 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 and operate its properties, to carry on its business as now conducted, to enter into the Note Purchase Agreement and the other Financing Documents, to issue and sell the Notes and to carry out the terms of the Note Purchase Agreement, the Notes and the other Financing Documents.
Incorporation, Standing, etc. The Company 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 (i) to own and operate its properties, (ii) to carry on its business as now conducted and as proposed to be conducted following the Acquisition, (iii) to enter into the this Agreement, the Acquisition Agreement and the Subsidiary Guarantee Agreement, (iv) to issue and sell the Notes, (v) to issue the Warrants and (vi) to carry out the terms of the Basic Documents.
Incorporation, Standing, etc. Each of the Borrowers and the Material Subsidiaries is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, to enter into this Agreement and the other Transaction Documents to which each is a party and to perform its obligations hereunder and thereunder. Each of the Borrowers and the Subsidiary Guarantor has, by all necessary corporate action, duly authorized the execution and delivery of this Agreement and the other Transaction Documents to which each is a party and the performance of its obligations hereunder and thereunder.
Incorporation, Standing, etc. The Company is a corporation validly existing and in good standing under the laws of the State of Georgia and has all requisite corporate power and authority to own and use its properties, to carry on its business as now conducted, to enter into the Note Agreement, to issue and sell the Notes and to carry out the terms of the Note Agreement and the Notes.
Incorporation, Standing, etc. The Company is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Minnesota and has all requisite corporate power and authority to enter into the Note Agreement, to issue and sell the Notes and to carry out the terms of the Note Agreement and the Notes.
Incorporation, Standing, etc. (a) The Company is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Vermont and has all requisite corporate power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into this Agreement and the Eighteenth Supplemental Indenture, to issue and sell the Bonds and to carry out the terms of this Agreement, the Indenture and the Bonds.
(b) This Agreement, the Eighteenth Supplemental Indenture, the Bonds and each other agreement and instrument executed and delivered by the Company in connection with the issuance, sale and delivery of the Bonds (the “Transaction Documents”) have been duly authorized by all necessary corporate action on the part of the Company, and this Agreement constitutes, and upon execution and delivery thereof each Bond and each other Transaction Document will constitute, a legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and (ii) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
