Organization, Good Standing, Etc. Each Obligor (i) is a corporation, limited liability company or limited partnership duly organized, validly existing and in good standing under the laws of the state or jurisdiction of its organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, in the case of the Issuer, to make the borrowings hereunder, and to execute and deliver each Funding Document to which it is a party, and to consummate the transactions contemplated thereby, and (iii) is duly qualified to do business and is in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary except where the failure to be so qualified and in good standing would not reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Samples: Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)
Organization, Good Standing, Etc. Each Obligor (i) is a corporation, limited liability company or limited partnership duly organized, validly existing and in good standing under the laws of the state or jurisdiction of its organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, in the case of the IssuerIssuers, to make the borrowings hereunder, and to execute and deliver each Funding Note Document to which it is a party, and to consummate the transactions contemplated thereby, and (iii) is duly qualified to do business and is in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary except where the failure to be so qualified and in good standing would not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Indenture (FRNK Technology Group), Indenture (FriendFinder Networks Inc.), Indenture (FriendFinder Networks Inc.)
Organization, Good Standing, Etc. Each Obligor (i) is a corporation, limited liability company or limited partnership duly organized, validly existing and in good standing under the laws of the state or jurisdiction of its organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, in the case of the Issuer, to make the borrowings hereundercontemplated, and to execute and deliver each Funding Document to which it is a partythis Amendment, and to consummate the transactions contemplated therebyhereby and by the Note Purchase Agreement, as amended hereby, and (iii) is duly qualified to do business in, and is in good standing in each jurisdiction in which where the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary except (solely for the purposes of this subclause (iii)) where the failure to be so qualified and be in good standing would could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Cross Country Healthcare Inc), Note Purchase Agreement (Cross Country Healthcare Inc)
Organization, Good Standing, Etc. Each Obligor Company (i) is a corporation, limited liability company or limited partnership (as applicable) duly organized, validly existing and in good standing under the laws of the state or jurisdiction of its organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, and to make the borrowings hereunder (in the case of the Issuer, to make the borrowings hereunder, Borrower) and to execute consummate the transactions contemplated by the Loan Documents and deliver each Funding Document the other Transaction Documents to which it is a party, and to consummate the transactions contemplated thereby, and (iii) is duly qualified to do business and is in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary necessary, except where the failure to be so qualified and qualify individually or in good standing would the aggregate is not reasonably be expected likely to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Alon USA Energy, Inc.), Revolving Credit Agreement (Alon USA Energy, Inc.)
Organization, Good Standing, Etc. Each Obligor Borrower and each of its Subsidiaries (i) is a corporation, limited liability company or limited partnership duly organized, validly existing and in good standing under the laws of the state or jurisdiction of its organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, in the case of the Issuer, to make the borrowings hereunder, and to execute and deliver each Funding Loan Document to which it is a party, and to consummate the transactions contemplated thereby, and (iii) is duly qualified to do business and is in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary necessary, except where the failure to so qualify or to be so qualified and in good standing would not reasonably be expected to have a Material Adverse EffectChange.
Appears in 1 contract
Samples: Credit Agreement (Avado Brands Inc)
Organization, Good Standing, Etc. Each Obligor Group Member (i) is a corporation, limited liability company or limited partnership duly organized, validly existing and in good standing under the laws of the state or jurisdiction of its organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, in the case of the IssuerBorrower, to make the borrowings hereunder, and to execute and deliver each Funding Loan Document to which it is a party, and to consummate the transactions contemplated thereby, and (iii) is duly qualified to do business and is in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary except and where the failure to be so qualified and in good standing qualify would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
Samples: Loan Agreement (Vivint Solar, Inc.)