Organization, Authority and No Conflict. Borrower is a corporation, duly organized, validly existing and in good standing in the State of Indiana, its state organizational identification number is 2001042700056 and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if Borrower is not so qualified, Borrower may cure any such failure without losing any of its 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 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 Borrower, 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 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 1 contract
Samples: Loan and Security Agreement (Obsidian Enterprises Inc)
Organization, Authority and No Conflict. Borrower is a corporation, duly organized, validly existing and in good standing in the State of IndianaMinnesota, its state organizational identification number is 2001042700056 MN3U-811 and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if Borrower is not so qualified, Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s 's rights. Each Subsidiary is duly organized, validly existing and in good standing in the jurisdiction of its incorporation. 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 Borrower, 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 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 1 contract
Samples: Loan and Security Agreement (Delphax Technologies Inc)
Organization, Authority and No Conflict. Borrower is a corporation, corporation duly organized, validly existing and in good standing in the State of IndianaMinnesota, its state organizational identification number is 2001042700056 MN 8G-616 and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if Borrower is not so qualified, Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s '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 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 Borrower, 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 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 1 contract
Samples: Loan and Security Agreement (American Church Mortgage Co)
Organization, Authority and No Conflict. Borrower is a corporation, duly organized, validly existing and in good standing in the State of Indiana, its state organizational identification number is 2001042700056 of organization and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, or if Borrower is not so qualified, Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting LenderAgent’s rights. Borrower’s state of organization, form of organization and organizational identification number is set forth on Schedule 6.2 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 other Loan Documents and perform its obligations hereunder and thereunder. Borrower's ’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 Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on Borrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on BorrowerEffect, and Borrower's ’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 ’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 1 contract
Organization, Authority and No Conflict. Borrower is a corporation, duly organized, validly existing and in good standing in the State of Indiana, its state organizational identification number is 2001042700056 of organization and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, or if Borrower is not so qualified, Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting LenderCreditor’s rights. Borrower’s state of organization, form of organization and organizational identification number is set forth on Schedule 5.2 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 other Loan Documents and perform its obligations hereunder and thereunder. Borrower's ’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 Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on Borrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on BorrowerEffect, and Borrower's ’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 ’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit Creditor agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected.
Appears in 1 contract
Organization, Authority and No Conflict. Borrower LOL is a corporation, duly organized, validly existing and in good standing in the State of IndianaNebraska, its state organizational identification number is 2001042700056 2211213730 and such Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary ornecessary. HF is a limited liability company, if duly organized, validly existing and in good standing in the State of Minnesota, its state organizational identification number is 1350859800053 and such Borrower is not so qualified, Borrower may cure any such failure without losing any duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s rightsassets makes such qualification necessary. 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 and perform its obligations hereunder and thereunder. Each Borrower's ’s execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of such Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on Borrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on such Borrower, and each Borrower's ’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 such Borrower's ’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 such Borrower or any of its property may be bound or affected.
Appears in 1 contract
Samples: Loan and Security Agreement (Amcon Distributing Co)