Organization and Location. (a) The members of the ECC Group are corporations duly incorporated, organized, validly existing and in good standing under the laws of their respective states or countries of incorporation, and are duly authorized to do business and are duly qualified as foreign corporations in all jurisdictions wherein the nature of their businesses or properties make such qualification necessary, and have the corporate power to own their respective properties and to carry on their respective businesses as now conducted;
(b) The members of the ECC Group have the requisite corporate power and authority to deliver and perform this Agreement and all of the documents executed by them in connection herewith; and
(c) Every fictitious name, trade name, division or style under which the ECC Group conducts any business has been previously disclosed to the Bank in writing together with the names of each and every jurisdiction in which the same are utilized.
Organization and Location. Schedule G (as at the date hereof and as it may be required to be updated from time to time by the Borrower in accordance with this Agreement) lists the names, jurisdictions of incorporation, continuance, amalgamation or formation of and the details of ownership of the outstanding Equity Securities and Equity Securities Equivalents of each Obligor and their respective Subsidiaries, in each case existing on the date hereof. Schedule H (as at the date hereof and as it may be required to be updated from time to time by the Borrower in accordance with this Agreement) lists the jurisdiction of organization of each Obligor, the jurisdiction in which the chief executive office of each Obligor is located and each jurisdiction in which each Obligor holds any material tangible Property.
Organization and Location. (a) The Netplex Group, Inc. is a corporation duly incorporated, organized, validly existing and in good standing under the laws of the State of New York, and is duly authorized to do business and is duly qualified as a foreign corporation in all jurisdictions wherein the nature of its businesses or properties would cause Netplex's failure to have such qualification to have a material adverse effect, and has the corporate power to carry on its business as now conducted;
(b) Netplex has the requisite power and authority to deliver and perform this Amendment Agreement.
Organization and Location. Each of the Company and the Initial Signatory Holders represents and warrants, as to itself, that
(a) such person or entity ("Person") is duly formed, validly existing and in good standing (to the extent that such concept is recognized in such jurisdiction) under the laws of its jurisdiction of formation, and is duly authorized to do business and is duly qualified in all jurisdictions wherein the nature of its businesses or properties makes such qualification necessary, and has the power to own its properties and to carry on its business as now conducted; and
(b) such Person has the requisite power and authority to deliver and perform this Agreement and all of the documents executed by it in connection herewith.
Organization and Location. (a) Akorn is a corporation duly organized, validly existing and in good standing under the laws of the State of Louisiana and duly qualified to do business and in good standing in the States of Illinois and California, has all necessary power to carry on its present business, and has full right, power and authority to enter into and execute and deliver this Agreement and to otherwise perform and consummate the transactions contemplated thereby.
(b) Akorn NJ is a corporation duly organized, validly existing and in good standing under the laws of the State of Illinois and duly qualified to do business and in good standing in the Sate of New Jersey, has all necessary power to carry on its present business, and has full right, power and authority to enter into and execute and deliver this Agreement and to otherwise perform and consummate the transactions contemplated thereby.
Organization and Location. (a) The Borrowers are corporations duly incorporated, organized, validly existing and in good standing under the laws of their respective states of incorporation, and are duly authorized to do business and are duly qualified as foreign corporations in all jurisdictions wherein the nature of their businesses or properties make such qualification necessary, and have the corporate power to own their respective properties and to carry on their respective businesses as now conducted;
(b) The Borrowers have the requisite corporate power and authority to deliver and perform this Third Amendment and all of the documents executed by them in connection herewith;
(c) Every fictitious name, trade name, division or style under which any Borrower or any other obligor (collectively with the Borrowers, the "Obligors") conducts any business has been disclosed to the Lender Group in writing together with the names of each and every jurisdiction in which the same are utilized, and are included herein on the Security Agreement Questionnaire (the "Security Agreement Questionnaire") attached hereto and incorporated by reference herein as "Schedule 6.1."
(d) Every joint venture, partnership, enterprise or stock ownership involvement of each Obligor has been disclosed to the Lender Group herein on the Security Agreement Questionnaire;
(e) Each affiliate and subsidiary of each of the Borrowers is named on the Security Agreement Questionnaire; and
(f) The information contained on each of the Security Agreement Questionnaires is true, complete and accurate as of the Third Amendment Closing Date.
Organization and Location. Company is a corporation duly organized, existing and in good standing under the laws of the State of Indiana and is in good standing as a foreign corporation authorized to do business in each jurisdiction where failure to qualify would have a material adverse effect on Company or Company's business, or any adverse effect on Bank's rights or interests under this Agreement. Company's principle place of business and corporate headquarters is at the address indicated for Company at the beginning of this Agreement, and Company has its sole and only place of business at such address or, if Company has more than one place of business, its chief executive office is at such address.
Organization and Location. Schedule H (as at the date hereof and as it may be required to be updated from time to time by the Borrower in accordance with this Agreement) lists the names, jurisdictions of incorporation, continuance, amalgamation or formation of and the details of ownership of the outstanding Equity Securities and Equity Securities Equivalents of (i) the Borrower and each Subsidiary of the Borrower (and the direct ownership interest of the Borrower in such Subsidiary) and (ii) the direct ownership interests in the Borrower, in each case existing on the Closing Date. The Parent Pledgors are the sole shareholders of the Borrower. Schedule I (as at the date hereof and as it may be required to be updated from time to time by the Borrower in accordance with this Agreement) lists the jurisdiction of organization of each Obligor, the jurisdiction in which the chief executive office of each Obligor is located and each jurisdiction in which each Obligor holds any material Property.
Organization and Location a. The Borrowers are corporations duly incorporated, organized, validly existing and in good standing under the laws of their respective states of incorporation, and are duly authorized to do business and are duly qualified as foreign corporations in all jurisdictions wherein the nature of their businesses or properties make such qualification necessary, and have the corporate power to own their respective properties and to carry on their respective businesses as now conducted;
b. The Borrowers have the requisite corporate power and authority to deliver and perform this Fourth Amendment and all of the documents executed by them in connection herewith;
c. Every fictitious name, trade name, division or style under which any Borrower or any other obligor (collectively with the Borrowers, the "Obligors") conducts any business has been disclosed to the Lender Group in writing together with the names of each and every jurisdiction in which the same are utilized.
d. Every joint venture, partnership, enterprise or stock ownership involvement of each Obligor has been disclosed to the Lender Group herein on the Security Agreement Questionnaire delivered to the Lender Group in connection with the Third Amendment;
e. Each affiliate and subsidiary of each of the Borrowers is named on the Security Agreement Questionnaire delivered to the Lender Group in connection with the Third Amendment; and
f. The information contained on each of the Security Agreement Questionnaires is true, complete and accurate as of the Fourth Amendment Closing Date.
Organization and Location. (a) The Corporate Obligors are corporations duly incorporated, organized, validly existing and in good standing under the laws of their respective states of incorporation, and are duly authorized to do business and are duly qualified as foreign corporations in all jurisdictions wherein the nature of their businesses or properties make such qualification necessary, and have the corporate power to own their respective properties and to carry on their respective businesses as now conducted;
(b) The Corporate Obligors have the requisite corporate power and authority to deliver and perform this Forbearance Agreement and all of the documents executed by them in connection herewith;
(c) Xxxxx is xxx xxxxx and has the authority to execute, deliver and --- ----- perform this Forbearance Agreement and all of the documents executed by him in connection herewith;
(d) Every fictitious name, trade name, division or style under which any of the Corporate Obligors conducts any business has been disclosed to the Bank in writing together with the names of each and every jurisdiction in which the same are utilized, and are included herein on Schedule 6.1(d) attached --------------- hereto;
(e) Every joint venture, partnership, enterprise or stock ownership involvement any of the Corporate Obligors has been disclosed to the Bank herein on Schedule 6.1(e) attached hereto; ---------------
(f) Each affiliate and subsidiary of each of the Corporate Obligors is named on Schedule 6.1(f) attached hereto; and ---------------
(g) The information contained on each of the Security Agreement Questionnaires attached hereto as Schedule 6.1(g) is true, complete and accurate as of the Forbearance Closing Date.
