Common use of Organization, Authority and No Conflict Clause in Contracts

Organization, Authority and No Conflict. Manitex International is a corporation, duly organized, validly existing and in good standing in the State of Michigan and its state organizational identification number is 10296D. Manitex is a corporation, duly organized, validly existing and in good standing in the State of Texas and its organizational identification number is 0075051300. Sabre is a corporation, duly organized, validly existing and in good standing in the State of Michigan and its organizational identification number is 05206J. Badger is a corporation, duly organized, validly existing and in good standing in the State of Minnesota and its organizational identification number is 12P-56. Crane and Machinery is a corporation, duly organized, validly existing and in good standing in the State of Illinois and its organizational identification number is 0000-000-0. Crane and Machinery Leasing is a corporation, duly organized, validly existing and in good standing in the State of Illinois and its organizational identification number is 0000-000-0. LiftKing US is a corporation, duly organized, validly existing and in good standing in the State of Michigan and its organizational identification number is 00-0000000. Manitex LLC is a limited liability company, duly organized, validly existing and in good standing the State of Delaware and its organizational identification number is 00-0000000. LiftKing Canada is an unlimited liability corporation incorporated under the laws of the Province of Alberta, validly existing and in good standing under the laws of the Province of Alberta. Each such Borrower is duly qualified and in good standing in all states or provinces, as applicable, where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, failure to so qualify could not reasonably be expected to result in a Material Adverse Effect. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the other Loan Documents and perform its obligations hereunder and thereunder. Each Borrower’s execution, delivery and performance of this Agreement and the other Loan Documents 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 such Borrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on such Borrower, and such Borrower’s execution, delivery and performance of this Agreement and the other Loan Documents shall not result in the imposition of any lien or other encumbrance upon any of such 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 such Borrower or any of its property may be bound or affected.

Appears in 1 contract

Samples: Loan and Security Agreement (Manitex International, Inc.)

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Organization, Authority and No Conflict. Manitex International Xxxxxxxxxxxx Parent is a corporation, corporation duly organized, validly existing and in good standing in the State of Michigan Delaware and its state organizational organization identification number is 10296D. Manitex 0024033. Xxxxxxxxxxxx Energy is a corporation, limited liability company duly organized, validly existing and in good standing in the State of Texas Delaware, and its state organizational identification number is 00750513002167615. Sabre Xxxxxxxxxxxx NC is a corporationlimited liability company duly organized, validly existing and in good standing the State of Virginia, and its state organizational identification number is S183596-8. WEI is a corporation duly organized, validly existing and in good standing in the State of Michigan Delaware, and its organizational state organization identification number is 05206J. Badger 2181866. Xxxxxxxxxxxx Roanoke is a corporation, limited partnership duly organized, validly existing and in good standing in the State of Minnesota Delaware, and its organizational state organization identification number is 12P-562201291. Crane and Machinery Xxxxxxxxxxxx is a corporation, general partnership duly organized, validly existing and in good standing in the State of Illinois and its organizational identification number is 0000-000-0Virginia. Crane and Machinery Leasing Xxxxxxxxxxxx Resources is a corporation, corporation duly organized, validly existing and in good standing in the State of Illinois Delaware, and its organizational state organization identification number is 0000-000-00829180. LiftKing US Xxxxxxxx is a corporation, corporation duly organized, validly existing and in good standing in the State of Michigan Delaware, and its organizational state organization identification number is 00-00000004798657. Manitex LLC Coal Sales is a limited liability company, corporation duly organized, validly existing and in good standing in the State of Delaware Delaware, and its organizational state organization identification number is 00-00000000693230. LiftKing Canada WCC is an unlimited liability a corporation incorporated under the laws of the Province of Albertaduly organized, validly existing and in good standing under in the laws State of Delaware, and its state organization identification number is 4898788. WRI is a corporation duly organized, validly existing and in good standing in the Province State of AlbertaDelaware, and its state organization identification number is 4553561. Each such Borrower is duly qualified and in good standing in all states or provinces, as applicable, where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such failure to so qualify could does not reasonably be expected to result in have a Material Adverse Effect. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the other Loan Documents to which it is a party and perform its obligations hereunder and thereunder. Each Borrower’s executionexecution and delivery of, delivery and its performance of its obligation under, this Agreement and the other Loan Documents does to which it is a party do not conflict with violate the provisions of the organizational documents of such Borrower, or any statute, regulation, Table of Contents ordinance or rule of law, or any agreement, contract or other document to which may now or hereafter be binding on such Borrowerit is a party, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on such Borrower, and such Effect. Each Borrower’s executionexecution and delivery of, delivery and performance of its obligations under, this Agreement and the other Loan Documents shall to which it is a party will not result in the imposition of any lien or other encumbrance upon any of such 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 to which such Borrower or any of its property may be bound or affectedis a party.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

Organization, Authority and No Conflict. Manitex International Xxxxxxxxxxxx Parent is a corporation, corporation duly organized, validly existing and in good standing in the State of Michigan Delaware and its state organizational organization identification number is 10296D. Manitex 0024033. Xxxxxxxxxxxx Energy is a corporation, limited liability company duly organized, validly existing and in good standing in the State of Texas Delaware, and its state organizational identification number is 00750513002167615. Sabre Xxxxxxxxxxxx NC is a corporationlimited liability company duly organized, validly existing and in good standing the State of Virginia, and its state organizational identification number is S183596-8. WEI is a corporation duly organized, validly existing and in good standing in the State of Michigan Delaware, and its organizational state organization identification number is 05206J. Badger 2181866. Xxxxxxxxxxxx Roanoke is a corporation, limited partnership duly organized, validly existing and in good standing in the State of Minnesota Delaware, and its organizational state organization identification number is 12P-562201291. Crane and Machinery Xxxxxxxxxxxx Partners is a corporation, general partnership duly organized, validly existing and in good standing in the State of Illinois and its organizational identification number is 0000-000-0Virginia. Crane and Machinery Leasing Xxxxxxxxxxxx Resources is a corporation, corporation duly organized, validly existing and in good standing in the State of Illinois Delaware, and its organizational state organization identification number is 0000-000-00829180. LiftKing US Xxxxxxxx is a corporationcorporation duly organized, Table of Contents validly existing and in good standing in the State of Delaware, and its state organization identification number is 4798657. Coal Sales is a corporation duly organized, validly existing and in good standing in the State of Michigan Delaware, and its organizational state organization identification number is 00-00000000693230. Manitex WRI is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4553561. WCC is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4898788. WC LLC is a limited liability companycompany duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 5509777. XXX is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware Delaware, and its organizational state organization identification number is 00-00000005371511. LiftKing Canada WC Investments is an unlimited liability a corporation incorporated organized and existing under the laws of the Province of Alberta, validly Quebec. WCC BV is a B.V. organized and existing under the law of the Netherlands. Xxxxxxxxxxxx Canada is a corporation organized and in good standing existing under the laws of the Province of Alberta. PMRL is an unlimited liability company organized and existing under the laws of the Province of Alberta. CVRI is a corporation organized and existing under the laws of the Province of Alberta. WPR is a corporation organized and existing under the laws of the Province of Alberta. PCL is a corporation organized and existing under the laws of the Province of Saskatchewan. Willowvan is a is a corporation organized and existing under the laws of the Province of Saskatchewan. PRC is a is a partnership organized and existing under the laws of the Province of Saskatchewan. Each such Borrower is duly qualified and in good standing in all states or provinces, as applicable, jurisdictions where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such failure to so qualify could does not reasonably be expected to result in have a Material Adverse Effect. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the other Loan Documents to which it is a party and perform its obligations hereunder and thereunder. Each Borrower’s executionexecution and delivery of, delivery and its performance of its obligation under, this Agreement and the other Loan Documents does to which it is a party do not conflict with violate the provisions of the organizational documents of such Borrower, or any statute, regulation, ordinance or rule of law, or any agreement, contract or other document to which may now or hereafter be binding on such Borrowerit is a party, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on such Borrower, and such Effect. Each Borrower’s executionexecution and delivery of, delivery and performance of its obligations under, this Agreement and the other Loan Documents shall to which it is a party will not result in the imposition of any lien or other encumbrance upon any of such 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 to which such Borrower or any of its property may be bound or affectedis a party.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

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Organization, Authority and No Conflict. Manitex International Xxxxxxxxxxxx Parent is a corporation, corporation duly organized, validly existing and in good standing in the State of Michigan Delaware and its state organizational organization identification number is 10296D. Manitex 0024033. Xxxxxxxxxxxx Energy is a corporation, limited liability company duly organized, validly existing and in good standing in the State of Texas Delaware, and its state organizational identification number is 00750513002167615. Sabre Xxxxxxxxxxxx NC is a corporationlimited liability company duly organized, validly existing and in good standing the State of Virginia, and its state organizational identification number is S183596-8. WEI is a corporation duly organized, validly existing and in good standing in the State of Michigan Delaware, and its organizational state organization identification number is 05206J. Badger 2181866. Xxxxxxxxxxxx Roanoke is a corporation, limited partnership duly organized, validly existing and in good standing in the State of Minnesota Delaware, and its organizational state organization identification number is 12P-562201291. Crane and Machinery Xxxxxxxxxxxx Partners is a corporation, general partnership duly organized, validly existing and in good standing in the State of Illinois and its organizational identification number is 0000-000-0Virginia. Crane and Machinery Leasing Xxxxxxxxxxxx Resources is a corporation, corporation duly organized, validly existing and in good standing in the State of Illinois Delaware, and its organizational state organization identification number is 0000-000-00829180. LiftKing US Xxxxxxxx is a corporation, corporation duly organized, validly existing and in good standing in the State of Michigan Delaware, and its organizational state organization identification number is 00-00000004798657. Manitex Coal Sales is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 0693230. WRI is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4553561. WCC is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4898788. WC LLC is a limited liability companycompany duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 5509777. XXX is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware Delaware, and its organizational state organization identification number is 5371511. WML is a Delaware limited liability company duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 00-0000000. LiftKing Canada WECO is an unlimited liability a Montana corporation incorporated duly organized, validly existing and in good standing the State of Montana, and its state organization identification number is 00-0000000. TWCC is a Montana corporation duly organized, validly existing and in good standing the State of Montana, and its state organization identification number is 00-0000000. Savage is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 00-0000000. Dakota is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 00-0000000. WC Investments is a limited partnership organized and existing under the laws of the Province of Alberta, validly Quebec. Xxxxxxxxxxxx Canada is a corporation organized and existing and in good standing under the laws of the Province of Alberta. WPR is a corporation organized and existing under the laws of the Province of Alberta. PMRL is an unlimited liability company organized and existing under the laws of the Province of Alberta. CVRI is a corporation organized and existing under the laws of the Province of Alberta. PCL is a corporation organized and existing under the laws of the Province of Saskatchewan. Willowvan is a is a corporation organized and existing under the laws of the Province of Saskatchewan. PRC is a is a partnership organized and existing under the laws of the Province of Saskatchewan. WCC BV is a B.V. organized and existing under the law of the Netherlands. Each such Borrower is duly qualified and in good standing in all states or provinces, as applicable, jurisdictions where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such failure to so qualify could does not reasonably be expected to result in have a Material Adverse Effect. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the other Loan Documents to which it is a party and perform its obligations hereunder and thereunder. Each Borrower’s executionexecution and delivery of, delivery and its performance of its obligation under, this Agreement and the other Loan Documents does to which it is a party do not conflict with violate the provisions of the organizational documents of such Borrower, or any statute, regulation, ordinance or rule of law, or any agreement, contract or other document to which may now or hereafter be binding on such Borrowerit is a party, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on such Borrower, and such Effect. Each Borrower’s executionexecution and delivery of, delivery and performance of its obligations under, this Agreement and the other Loan Documents shall to which it is a party will not result in the imposition of any lien or other encumbrance upon any of such 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 to which such Borrower or any of its property may be bound or affectedis a party.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

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