Organization, Authority and No Conflict. Borrower is a limited liability company duly organized, validly existing and in good standing in the State of Delaware and has an organizational identification number and chief executive office as indicated on Schedule 11(f) hereto. Borrower is duly qualified and in good standing in all jurisdictions where the nature and extent of the business transacted by it or the ownership of its assets makes such qualifications necessary, except where the failure to so qualify would have a Material Adverse Effect. The jurisdictions of qualification to do business of Borrower are indicated on Schedule 11(f) A hereto. Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Borrower’s execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Loan Party, and Borrower’s execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance upon any of Borrower’s property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected.
Appears in 2 contracts
Samples: Loan and Security Agreement (Seven Arts Pictures PLC), Loan and Security Agreement (Seven Arts Pictures PLC)
Organization, Authority and No Conflict. Borrower Each Obligor is a limited liability company corporation duly organized, validly existing and in good standing in the State its respective state of Delaware and has an incorporation identified on SCHEDULE 11(f) hereto, its respective state organizational identification number and chief executive office as indicated is identified on Schedule SCHEDULE 11(f) hereto. Borrower , and each Obligor is duly qualified and in good standing in all jurisdictions states, provinces, countries and other applicable locales where the nature and extent of the business transacted by it or the ownership of its assets makes such qualifications qualification necessary, except where the such failure to so qualify would not have a Material Adverse EffectEffect on such Obligor. The jurisdictions of qualification to do business of Borrower are indicated on Schedule 11(f) A hereto. Borrower Each Obligor has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Borrower’s Each Obligor's execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of Borrowersuch Obligor, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Loan Party, Obligor and Borrower’s each Obligor's execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance upon any of Borrower’s such Obligor's property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower such Obligor or any of its property may be bound or affected.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Sl Industries Inc)
Organization, Authority and No Conflict. Borrower is a corporation or limited liability company partnership, duly organized, validly existing and in good standing in the State of Delaware and has an its organization, its state organizational identification number is as set forth on the Information Certificate and chief executive office as indicated on Schedule 11(f) hereto. Borrower is duly qualified and in good standing in all jurisdictions states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualifications necessaryqualification necessary or, except where the if Borrower is not so qualified, Borrower may cure any such failure to so qualify would have a Material Adverse Effect. The jurisdictions without losing any of qualification to do business of Borrower are indicated on Schedule 11(f) A heretoits rights, incurring any Liens or material penalties, or otherwise affecting Lender’s rights. Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Borrower’s execution, delivery and performance of this Agreement and the Other Agreements does do not conflict with the provisions of the organizational documents of Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Loan PartyBorrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on Borrower, and Borrower’s execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance Lien upon any of Borrower’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected.
Appears in 2 contracts
Samples: Loan and Security Agreement (Crdentia Corp), Loan and Security Agreement (Crdentia Corp)
Organization, Authority and No Conflict. Borrower is a limited liability company corporation created by a certificate of amalgamation, validly existing and in good standing under the laws of the Province of New Brunswick, each Obligor is a corporation duly organized, validly existing and in good standing in under the State laws of Delaware each Obligor's jurisdiction of incorporation and has an organizational identification number Borrower and chief executive office as indicated on Schedule 11(f) hereto. Borrower each Obligor is duly qualified and in good standing in all jurisdictions where the nature and extent of the business transacted by it or the ownership of its assets makes such qualifications qualification necessary, except where the failure to so qualify would have a Material Adverse Effect. The jurisdictions of qualification to do business of Borrower are indicated on Schedule 11(f) A hereto. Borrower and each Obligor has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Borrower’s The execution, delivery and performance of this Agreement and the Other Agreements by Borrower and each Obligor does not conflict with the provisions of the organizational documents of BorrowerBorrower or any Obligor, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Loan PartyBorrower or an Obligor, and Borrower’s the execution, delivery and performance of this Agreement and the Other Agreements by Borrower or any Obligor shall not result in the imposition of any lien Lien or other encumbrance upon any of Borrower’s 's property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower Borrower, any Obligor or any of its their property may be bound or affected.
Appears in 1 contract
Organization, Authority and No Conflict. Each Borrower is a corporation or limited liability company company, duly organized, validly existing and in good standing in the State its state of Delaware incorporation or organization, and has an organizational identification number and chief executive office as indicated on Schedule 11(f) hereto. each Borrower is duly qualified and in good standing in all jurisdictions states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualifications necessaryqualification necessary or, except where the if such Borrower is not so qualified, such Borrower may cure any such failure to so qualify would have a Material Adverse Effectwithout losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s rights. The jurisdictions of qualification to do business of Borrower are indicated on Schedule 11(f) A hereto. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements other Loan Documents and perform its obligations hereunder and thereunder. Each Borrower’s execution, delivery and performance of this Agreement and the Other Agreements other Loan Documents does not conflict with the provisions of the organizational documents of any Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Loan PartyBorrowers, except for conflicts with agreements, contracts or other documents which would not reasonably be expected to have a Material Adverse Effect, and each Borrower’s execution, delivery and performance of this Agreement and the Other Agreements other Loan Documents shall not result in the imposition of any lien or other encumbrance upon any of Borrower’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which any Borrower or any of its property may be bound or affected.
Appears in 1 contract
Samples: Loan and Security Agreement (Broadwind Energy, Inc.)