Organization of the Operating Company Sample Clauses

Organization of the Operating Company. The Operating Company is a corporation duly formed, validly existing and in good standing under the laws of the State of Delaware with full power and authority to carry on the business in which it is engaged, to own the property owned by it and to perform its obligations under this Agreement.
Sample 1
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Organization of the Operating Company. The Operating Company is a limited liability company, duly formed, validly existing and in good standing under the Laws of the jurisdiction of its formation and has the requisite organizational power and authority to own its properties and to conduct its business as it is now being conducted.
Sample 1
Organization of the Operating Company. (a) The Operating Company is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware and has all requisite entity power to own, lease and operate its assets or properties (including the Packaged Assets owned, leased or operated by the Operating Company) and to carry on its business (including the Packaged Gas Business (as now being conducted)). Except as set forth in Schedule 4.2(a), the Operating Company is duly qualified or licensed to do business as a foreign entity and is in good standing (where such concept is applicable) in every jurisdiction where the ownership, leasing or operation of its assets or properties (including the Packaged Assets owned, leased or operated by the Operating Company) or the conduct of its business (including the Packaged Gas Business) require such qualification or licensing, other than jurisdictions where failure to be so qualified or licensed or in good standing would not, individually or in the aggregate, have a Business Material Adverse Effect. (b) The Guarantor or the Seller has made available to the Purchaser (i) a copy of the certificate of incorporation, by-laws, regulations or other organizational or governing documents of the Operating Company, each in effect as of the date hereof, and (ii) copies of the minutes of all meetings of the stock holders, equity holders, boards of directors, governing bodies and all committees of any the foregoing, as applicable, for the Operating Company, held since its formation. The Operating Company is not in violation of its organizational documents in any material respect.
Sample 1

Related to Organization of the Operating Company

  • Organization of the Company The Company is a corporation duly organized and validly existing and in good standing under the laws of the State of Nevada.

  • Organization of Company The Company, a corporation duly organized, validly existing and in good standing under the laws of the State of Illinois and the Company is legally qualified to transact business in Illinois. The Company has full power and authority to own or lease and to operate and use its assets and to carry on its business at the Project. There is no pending or threatened proceeding for the dissolution, liquidation, insolvency, or rehabilitation of the Company.

  • Formation of the Company The Company was formed as a limited liability company under the Act on April 24, 2008. The Member hereby agrees that the person executing and filing the Certificate of Formation of the Company was and is an “authorized person” within the meaning of the Act, and that the Certificate of Formation filed by such authorized person is the Certificate of Formation of the Company.

  • Formation of the Partnership The Partnership was formed as a limited partnership pursuant to the provisions of the Act and the Original Agreement and continued upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

  • Organization of the Buyer The Buyer is a corporation duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation.

  • Organization of the Seller The Seller is a corporation duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation.

  • Reorganization of the Company The existence of this Award Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations or other changes in the Company’s capital structure or its business; any merger or consolidation of the Company; any issue of bonds, debentures, preferred or prior preference stock ahead of or affecting the Restricted Stock or the rights thereof; the dissolution or liquidation of the Company, or any sale or transfer of all or any part of its assets or business, or any other corporate act or proceeding, whether of a similar character or otherwise.

  • Partnerships and Joint Ventures No Loan Party shall become a general partner in any general or limited partnership or a joint venturer in any joint venture.

  • Organization of the Trust AUTHORITY TO EXECUTE AND PERFORM VARIOUS DOCUMENTS; DECLARATION OF TRUST BY DELAWARE TRUSTEE

  • Organization, etc The Purchaser has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Delaware, with corporate power and authority to execute and deliver this Agreement and to perform the terms and provisions hereof.

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