Organization, Power, Authority, etc. The Borrower is a limited liability company duly organized, validly existing and in good standing under the Laws of Delaware, is duly qualified to do business and is in good standing in each jurisdiction where the nature of its business requires such qualification to the extent required pursuant to Section 6.01(c) (Maintenance of Existence, etc.) and Section 6.01(d) (Foreign Qualification), and has full power and authority and holds all requisite governmental licenses, permits and other approvals to enter into and perform its Obligations under this Agreement, the Note and each other Credit Document to which it is a party and to own and hold under lease its property and to conduct its business substantially as currently conducted by it.
Organization, Power, Authority, etc. Each Loan Party is a corporation validly organized and existing and in good standing under the laws of the state of its incorporation, is duly qualified to do business and in good standing as a foreign corporation in each jurisdiction where the nature of its business makes such qualification necessary and where the failure to so qualify would reasonably be expected to have a Materially Adverse Effect and has full power and authority to own and hold under lease its property and conduct its business substantially as presently conducted by it. Each Loan Party has full power and authority to enter into and to perform its obligations under this Agreement and each Loan Document to which each is a party and, in the case of Borrower, to borrow the Loans hereunder.
Organization, Power, Authority, etc. Each of the Borrower and its Subsidiaries (i) is a corporation validly organized and existing and in good standing under the laws of the jurisdiction of its incorporation, (ii) is duly qualified to do business and is in good standing as a foreign corporation in each jurisdiction where the failure to so qualify could result in a Material Adverse Change, and (iii) has full power and authority, and, except as set forth in Item 6 (Governmental Licenses) of the Disclosure Schedule, holds all governmental licenses, permits, registrations and other Regulatory Approvals required under all Requirements of Law, to own and hold under lease its property and to conduct its business as conducted prior to the Closing Date and as contemplated to be conducted subsequent to the Closing Date and the Merger Consummation Date. Each Loan Party has full power and authority to enter into and perform its Obligations under this Agreement, the Notes and each other Loan Document executed or to be executed by it and to incur Indebtedness hereunder or under the Subsidiary Guaranty, as the case may be.
Organization, Power, Authority, etc. Each of the Issuer and its Subsidiaries (i) is validly organized and existing and in good standing under the laws of the jurisdiction of its incorporation or organization, (ii) is duly qualified to do business and is in good standing in each jurisdiction where the failure to so qualify could result in a Material Adverse Change, and (iii) has full power and authority, and holds all governmental licenses, permits, registrations and other approvals required under all Requirements of Law, to own and hold under lease its property and to conduct its business as conducted prior to the date hereof and as contemplated to be conducted subsequent to the date hereof, except where the failure to hold any such licenses, permits, registrations and other approvals could not result in a Material Adverse Change. Each Obligor has full power and authority to enter into and perform its obligations under this Agreement.
Organization, Power, Authority, etc. The Borrower is a limited liability company duly formed, validly existing and in good standing under the laws of the State of Delaware, is duly qualified to do business and is in good standing in each jurisdiction where the nature of its business requires such qualification to the extent required pursuant to Sections 6.1.3 and 6.
Organization, Power, Authority, etc. Borrower (i) is duly organized, validly existing and in good standing under the laws of the State of Nevada, (ii) is qualified to do business in every jurisdiction in which the character of the Property owned or leased by it or the business conducted by it makes such qualification necessary and the failure to so qualify would permanently preclude Borrower from enforcing its rights with respect to any Facility Contract or Facility Equipment or would expose Borrower to any material loss or liability, (iii) has the power and authority to carry on its business, (iv) has the power and authority to execute and perform this Agreement and the other Loan Documents, and (v) has duly authorized the execution, delivery and performance of this Agreement and the other Loan Documents.
Organization, Power, Authority, etc. The Company is a corporation duly organized, validly existing and in good standing under the laws of the state of Delaware, is duly qualified to do business and is in good standing as a foreign corporation in each jurisdiction where the failure so to qualify would be reasonably likely to have a Materially Adverse Effect, and has full power and authority and holds all requisite governmental licenses, permits and other approvals to own and hold under lease its property and to conduct its business substantially as currently conducted by it where the failure to hold such licenses, permits, and other approvals would be reasonably likely to have a Materially Adverse Effect. Each other Obligor is a corporation duly incorporated or partnership duly formed, validly existing and in good standing under the laws of the jurisdiction of its incorporation or formation (to the extent applicable to partnerships in any such jurisdiction), is duly qualified to do business and is in good standing as a foreign corporation or partnership in each jurisdiction where the failure so to qualify would be reasonably likely to have a Materially Adverse Effect, and has full power and authority and holds all requisite governmental licenses, permits and other approvals to own and hold under lease its property and to conduct its business substantially as currently conducted by it where the failure to hold such licenses, permits, and other approvals would be reasonably likely to have a Materially Adverse Effect. Each of the Company and each other Obligor has full power and authority to execute, deliver and perform its Obligations under this Agreement, the Notes and each other Loan Document to which it is or is to be a party, to obtain Credit Extensions hereunder, and all other actions incidental thereto, as applicable.
Organization, Power, Authority, etc. (a) The Borrower is a corporation duly incorporated, validly existing and in good standing under the laws of Delaware.
(b) The Borrower is qualified to do business and is in good standing (where such concept is applicable) as a foreign company in each jurisdiction where the nature of its business makes such qualification necessary and has full power and authority, and holds all requisite Approvals, to own and hold under lease its property and to conduct its business substantially as currently conducted by it. The Borrower has full power and authority to enter into and perform its obligations under this Agreement and the other Loan Documents executed or to be executed by it.
Organization, Power, Authority, etc. The Pledgor is a corporation validly organized and existing and in good standing under the laws of its state of incorporation. The Pledgor has full power and authority to enter into and perform its obligations under this Pledge Agreement.
Organization, Power, Authority, etc. Each of the Credit Parties and each of their Subsidiaries (i) is a corporation or limited liability company validly organized and existing and in good standing under the laws of the jurisdiction of its incorporation or formation, (ii) is duly qualified to do business and is in good standing as a foreign corporation or limited liability company in each jurisdiction where its ownership or lease of property or the conduct of its business requires such qualification except where such failure to qualify would not individually or in the aggregate be expected to result in a Material Adverse Change, and (iii) has full corporate or limited liability company power and authority, and, holds all governmental licenses, permits, registrations and other approvals required under all Applicable Law, to own and hold under lease its property and to conduct its business as conducted prior to the Closing Date, including all Approvals. Each Credit Party has full corporate or limited liability power and authority to enter into and perform its Obligations under this Agreement, the Notes and each other Loan Document executed or to be executed by it and to obtain Loans hereunder.
