Common use of Operation of Business Clause in Contracts

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 8 contracts

Samples: Loan and Security Agreement (Allied Healthcare Products Inc), Loan and Security Agreement (Pro Dex Inc), Loan and Security Agreement (Point.360)

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Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business effective businesses substantially as now conducted and as presently proposed to be conducted, conducted and the Borrower is not in material violation of any valid rights of others with respect to any of the foregoing.

Appears in 4 contracts

Samples: Credit Agreement (Birner Dental Management Services Inc), Credit Agreement (Birner Dental Management Services Inc), Credit Agreement (Colorado Medtech Inc)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business respective businesses substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing, except in such instances which would not, in any one case or in the aggregate, materially and adversely affect the financial condition, operations, properties or business of the Borrower.

Appears in 3 contracts

Samples: Credit, Security and Pledge Agreement (Allied Capital Lending Corp), Credit Agreement (Allied Capital Corp), Line of Credit, Security and Pledge Agreement (Allied Capital Lending Corp)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Acacia Diversified Holdings, Inc.), Asset Purchase Agreement (Acacia Automotive Inc), Revolving Line of Credit and Security Agreement (Pioneer Commercial Funding Corp /Ny/)

Operation of Business. Borrower represents and warrants that Borrower possesses all material, licenses, permitsPermits, franchises, patents, copyrightscopy­rights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower Borrower, to Borrower’s knowledge, is not in violation of any valid rights of others with respect to any of the foregoingforegoing which could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Panache Beverage, Inc.), Loan Agreement (Panache Beverage, Inc.)

Operation of Business. Borrower represents and warrants that To the best of it’s knowledge, Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of or others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Exchange Agreement (Viewcast Com Inc), Loan and Security Agreement (Viewcast Com Inc)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, necessary to conduct its business substantially as now conducted and as presently proposed to be conducted, and to the best of its knowledge and belief, the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (Omega Flex, Inc.), Loan and Security Agreement (Omega Flex, Inc.)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Comstock Holding Companies, Inc.), Term Loan Agreement (Basin Water, Inc.)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade namestradenames, or rights thereto, necessary to conduct its the Borrower's business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Loan and Security/Stock Purchase Agreement (Lucille Farms Inc), Loan and Security/Stock Purchase Agreement (Lucille Farms Inc)

Operation of Business. Each Borrower represents and warrants that such Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and such Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (Merit Medical Systems Inc), Loan Agreement (Merit Medical Systems Inc)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in material violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Line of Credit Agreement (Nuclear Research Corp), Term Loan Agreement (Nuclear Research Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all material licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (Faro Technologies Inc), Loan Agreement (Statia Terminals Group Nv)

Operation of Business. Borrower represents and warrants that To the best of Borrower’s knowledge, Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its their business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business their respective businesses substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Security Agreement (Orange Productions Inc), Security Agreement (Surgical Safety Products Inc)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoingforgoing.

Appears in 2 contracts

Samples: Loan Agreement (Geoscience Corp), Loan Agreement (Geoscience Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all material licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, necessary to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Revolving Loan and Security Agreement (Ironclad Performance Wear Corp), Revolving Loan and Security Agreement (Ironclad Performance Wear Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 2 contracts

Samples: Credit Agreement (Unifab International Inc), Credit and Term Loan Agreement (Gulf Island Fabrication Inc)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or names and the rights thereto, thereto to conduct its the respective business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid legal rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Business Loan Agreement (Flotek Industries Inc/Cn/)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, necessary to conduct its business substantially as it is now conducted and as presently it is proposed to be conducted, and and, to the knowledge of the Borrower, the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Synovics Pharmaceuticals)

Operation of Business. Borrower represents and warrants that Borrower possesses possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, names (or rights thereto, ) to conduct its business substantially as now conducted and as presently proposed is contemplated to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Pro Fac Cooperative Inc)

Operation of Business. Borrower represents and warrants that Borrower possesses all material, licenses, permitsPermits, franchises, patents, copyrightscopy­rights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower Borrower, to Borrower’s knowledge, is not in violation of any valid rights of others with respect to any of the foregoing.foregoing which could have a Material Adverse Effect. 3.17

Appears in 1 contract

Samples: Loan Agreement

Operation of Business. Borrower represents and warrants that Borrower possesses all material licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid material rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Corgenix Medical Corp/Co)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, necessary to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Pledge Agreement (Digital Radio LLC)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business businesses substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Chevy Chase Preferred Capital Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, --------------------- franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Sheffield Steel Corp)

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Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrightscopyright, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Loan Agreement (RGC Resources Inc)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights right thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Golden Grain Energy)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business their respective businesses substantially as now conducted and as presently proposed to be conducted, conducted and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Construction Loan Agreement (Axys Pharmaceuticals Inc)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing, and the Borrower conducts its business in compliance in all material respects with all such licenses, permits and franchises.

Appears in 1 contract

Samples: Credit Loan Agreement (Lynch Interactive Corp)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially now as now conducted and as presently currently proposed to be conducted, and to the Borrower’s knowledge the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Hittite Microwave Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business businesses substantially as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing. Borrower has filed, and will file in the future, with the appropriate governmental entities all assumed business name certificates necessary or required to conduct its businesses.

Appears in 1 contract

Samples: Credit Agreement (Jore Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade namesname, or rights thereto, necessary or desirable to conduct its business substantially as now conducted and as presently proposed to be conducted, and and, the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Revolving Credit Agreement (CVD Equipment Corp)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, necessary to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Park City Group Inc)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, names or rights thereto, to conduct its business their respective businesses substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Term Loan Agreement (Eco Soil Systems Inc)

Operation of Business. Borrower represents and warrants that To the best of its knowledge, Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of or others with respect to any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Viewcast Com Inc)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially now as now conducted and as presently proposed to be conducted, and the Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Hittite Microwave Corp)

Operation of Business. Borrower represents and warrants that The Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business respective businesses substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

Operation of Business. Borrower represents and warrants that The Borrower possesses all --------------------- licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business effective businesses substantially as now conducted and as presently proposed to be conducted, conducted and the Borrower is not in material violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Celestial Seasonings Inc)

Operation of Business. Borrower represents and warrants that Borrower possesses all material licenses, permits, franchises, patents, copyrights, trademarks, and trade names, names or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Rait Investment Trust)

Operation of Business. Borrower represents and warrants that To the best of its knowledge, Borrower possesses all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Xeta Technologies Inc)

Operation of Business. Borrower represents and warrants that Borrower possesses all licenses, permits, --------------------- franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct its business substantially as now conducted and as presently proposed to be conducted, and Borrower is not in violation of of, any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (National Environmental Service Co)

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