Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 68 contracts
Samples: Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (Griffin Realty Trust, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.)
Organization; Powers. Each Such Credit Party and each of its Subsidiaries is duly organized, validly existing and in good standing (where applicable) under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing (where applicable) in, every jurisdiction where such qualification is required.
Appears in 15 contracts
Samples: Credit Agreement (Medtronic PLC), Term Loan Agreement (Medtronic PLC), Term Loan Agreement (Medtronic PLC)
Organization; Powers. Each Credit Party and each of the Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 12 contracts
Samples: Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Inc.)
Organization; Powers. Each The Borrower and each other Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now and formerly conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 10 contracts
Samples: Credit Agreement (Mercer International Inc.), Credit Agreement (Mercer International Inc.), Credit Agreement (Mercer International Inc.)
Organization; Powers. Each Credit Party has been duly formed or organized and is duly organized, validly existing and in good standing under the laws of the its jurisdiction of its organization, . Each Credit Party has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to have such power or authority or to be so qualified or in good standing, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 10 contracts
Samples: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the its jurisdiction of its organization, . Each Credit Party has all requisite power and authority under its organizational documents to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 8 contracts
Samples: Credit Agreement (Affinity Group Holding, Inc.), Credit Agreement (Affinity Group Holding Inc), Credit Agreement (Affinity Group Holding, Inc.)
Organization; Powers. Each Credit Party and each of its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 6 contracts
Samples: Credit Agreement (Aol Time Warner Inc), Term Loan Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc)
Organization; Powers. Each Credit Party and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Peak Resources LP), Mezzanine Credit Agreement, Revolving Credit Agreement (Nexpoint Multifamily Capital Trust, Inc.)
Organization; Powers. Each of the Credit Party Parties and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where failure to be so qualified and in good standing, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Credit Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business inbusiness, and is in good standing instanding, in every jurisdiction where such qualification is required.
Appears in 4 contracts
Samples: Credit Agreement (Amdocs LTD), Credit Agreement (Amdocs LTD), Credit Agreement (Amdocs LTD)
Organization; Powers. Each Credit Party (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and (c) is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredrequired to the extent that the failure to so qualify could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Strategic Realty Trust, Inc.), Revolving Credit Agreement (Strategic Realty Trust, Inc.), Revolving Credit Agreement (Industrial Income Trust Inc.)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now and formerly conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 3 contracts
Samples: Credit Agreement (SSR Mining Inc.), Credit Agreement (Tahoe Resources Inc.), Credit Agreement (Tahoe Resources Inc.)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite corporate, partnership or limited liability company, as the case may be, power and authority to own its property and assets and to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 3 contracts
Samples: Credit Agreement (New York REIT, Inc.), Credit Agreement (American Realty Capital New York Recovery Reit Inc), Credit Agreement (American Realty Capital New York Recovery Reit Inc)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority authority, and has all material governmental licenses, authorizations, consents and approvals necessary, to own its assets and to carry on its business as now conducted andconducted, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where failure to have such power, authority, licenses, authorizations, consents, approvals and qualifications could not reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp)
Organization; Powers. Each Credit Party and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse EffectEffect in respect of such Credit Party, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 3 contracts
Samples: Revolving Credit Facility (Drew Industries Incorporated), Credit Agreement (Drew Industries Incorporated), Credit Agreement (Unidigital Inc)
Organization; Powers. Each of the Credit Party Parties and their Subsidiaries is duly organized, validly existing and in good standing (if applicable) under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing (if applicable) in, every jurisdiction where such qualification is required.
Appears in 3 contracts
Samples: Credit Agreement (Vera Bradley, Inc.), Credit Agreement (Vera Bradley, Inc.), Credit Agreement (Vera Bradley, Inc.)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure failures to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 3 contracts
Samples: Credit Agreement (Xerox Corp), Credit Agreement (Xerox Corp), Credit Agreement (Paradyne Networks Inc)
Organization; Powers. Each of the Credit Party Parties (a) is duly organized, validly existing and in good standing (to the extent such concept exists in the relevant jurisdiction, or, if applicable in a foreign jurisdiction, enjoys the equivalent status under the laws of any jurisdiction of organization outside the United States) under the laws of the jurisdiction of its organization, organization and (b) has all requisite the power and authority to carry on execute, deliver and perform its business as now conducted obligations under each of the Credit Documents to which such Credit Party is a party and, except where the failure to do so, individually or in the aggregatecase of the Borrowers, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, borrow and is in good standing in, every jurisdiction where such qualification is requiredotherwise obtain credit hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (NXP Semiconductors N.V.), Revolving Credit Agreement (NXP Semiconductors N.V.)
Organization; Powers. Each of the Credit Party Parties and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 2 contracts
Samples: Successor Agent Agreement and Amendment to Credit Agreement (Emmis Communications Corp), Credit Agreement (Emmis Communications Corp)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now such business is being conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Continental Airlines Inc /De/), Credit and Guaranty Agreement (Continental Airlines Inc /De/)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 2 contracts
Samples: Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.)
Organization; Powers. Each of the Credit Party Parties is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business inbusiness, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 2 contracts
Samples: Credit and Security Agreement (MVC Capital, Inc.), Credit and Security Agreement (MVC Capital, Inc.)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, . Each Credit Party has all requisite power and authority under its organizational documents to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 2 contracts
Samples: Credit Agreement (Affinity Group Holding Inc), Credit Agreement (Affinity Group Inc)
Organization; Powers. Each Credit Party and each of its Subsidiaries has been duly formed or organized and is duly organized, validly existing and in good standing under the laws of the its jurisdiction of its organization, . Each Credit Party has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to have such power or authority or to be so qualified or in good standing, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit and Security Agreement (Progenity, Inc.), Credit and Security Agreement (Progenity, Inc.)
Organization; Powers. Each of the Credit Party Parties and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization to the extent applicable, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing (to the extent applicable) in, every jurisdiction where such qualification is required.
Appears in 2 contracts
Samples: Credit Agreement (Telvent Git S A), Credit Agreement (Telvent Git S A)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction juris-diction where such qualification is required.
Appears in 2 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Carrizo Oil & Gas Inc)
Organization; Powers. Each of the Credit Party Parties and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Organization; Powers. Each Credit Party and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Samples: Bridge Credit Agreement (Vinebrook Homes Trust, Inc.)
Organization; Powers. Each Credit Party (a) is duly organized, organized and validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted andand to own and lease its property and (c) is qualified and in good standing (to the extent such concept is applicable in the applicable jurisdiction) to do business in every jurisdiction where such qualification is required, except where in each case referred to in clause (b) or (c) above, to the extent that failure to do so, individually or in the aggregate, so could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, . Each Credit Party has all requisite power and authority under its organizational documents to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and, except as otherwise set forth in Schedule -------- 4.7, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Samples: Credit Agreement (Teltrust Inc)
Organization; Powers. Each Credit Party and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse EffectEffect in respect of the Company and its Subsidiaries, taken as a whole, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.. 40
Appears in 1 contract
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the its jurisdiction of its organization, . Each Credit Party has all requisite power and authority under its organizational documents to carry on its business as now conducted and, except where the failure to do sobe so qualified or in good standing, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Samples: Credit Agreement (Sli Inc)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.. 90 EXCO Resources, Inc.
Appears in 1 contract
Organization; Powers. Each Credit Party (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, (c) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Organization; Powers. Each Credit Party and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, . Each Credit Party and its Subsidiaries has all requisite power and authority authority, and has all governmental licenses, authorizations, consents and approvals necessary, to own its assets and to carry on its business as now conducted andconducted, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to have such qualifications could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Senior Secured Term Loan Credit Agreement (Berry Corp (Bry))
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required. Schedule 3.01(a) sets forth, as of the date hereof, all of the Borrowers and the form and jurisdiction of organization of each such Borrower.
Appears in 1 contract
Samples: Credit Agreement (Strategic Storage Trust II, Inc.)
Organization; Powers. Each Credit Party has been duly formed or organized and is duly organized, validly existing and in good standing under the laws of the its jurisdiction of its organization, organization or formation. Each Credit Party has all requisite power and authority to own its property and carry on its business as now conducted andand as currently contemplated, and is qualified to do business in and duly authorized to do business in, every jurisdiction where such qualification is required, except where the failure to do sohave such power or authority or to be so qualified or in good standing, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Samples: Credit and Security Agreement (Gerber Scientific Inc)
Organization; Powers. Each Credit Party and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse EffectEffect in respect of the Company and its Subsidiaries, taken as a whole, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now and formerly conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.. 24708069.14
Appears in 1 contract
Samples: Credit Agreement (SSR Mining Inc.)
Organization; Powers. Each The Credit Party is Parties are duly organized, validly existing and in good standing (if applicable) under the laws of the jurisdiction of its their organization, has have all requisite power and authority to carry on its their business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is are qualified to do business in, and is in good standing in, (if applicable) in every jurisdiction where such qualification is required.
Appears in 1 contract
Organization; Powers. Each Credit Party is a duly organized, incorporated or amalgamated and validly existing corporation or a duly organized and in good standing under validly existing partnership, as the laws of the jurisdiction of its organizationcase may be, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do in compliance with the requirements for carrying on business in, and is in good standing in, every jurisdiction in which it carries on business where such qualification is required.
Appears in 1 contract
Organization; Powers. Each Such Credit Party and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Appears in 1 contract
Samples: Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD)
Organization; Powers. Each Credit Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.. The information included in the Beneficial Ownership Certification is true and correct in all respects
Appears in 1 contract
Samples: Credit Agreement (Strategic Storage Trust II, Inc.)