Organization; Requisite Power and Authority; Qualification; Other Names. Company (a) is duly organized or formed, validly existing and in good standing under the laws of the State of Delaware, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party and to carry out the transactions contemplated thereby, and (c) is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and would not reasonably be expected to result in a Material Adverse Effect. Company does not operate or do business under any assumed, trade or fictitious name. Company has no Subsidiaries.
Organization; Requisite Power and Authority; Qualification; Other Names. Each Credit Party (a) is duly organized or formed, validly existing and in good standing under the laws of the State of its organization, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party, and to carry out the transactions contemplated thereby and fulfill its Obligations thereunder, and (c) is qualified to do business and is in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and could not be reasonably expected to have, a Material Adverse Effect. Neither the Borrower nor the Company operates or does business under any assumed, trade or fictitious name other than, in the case of the Company, Opportunity Loans and Opp Loans. The Borrower has no Subsidiaries.
Organization; Requisite Power and Authority; Qualification; Other Names. Each corporate Credit Party (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into and perform its obligations under each Credit Document, and (c) is qualified to do business and is in good standing in every jurisdiction wherever necessary to carry out its business.
Organization; Requisite Power and Authority; Qualification; Other Names. The Trustee is a trust company duly incorporated, validly existing and in good standing under the laws of Canada, and is duly qualified to do business and is in good standing in every jurisdiction where the nature of its business requires it to be so qualified, and has full power and authority to act as trustee of the Borrower Trust and to hold the properties and assets of the Borrower Trust. The Borrower Trust is a trust established under the Borrower Declaration of Trust and exists as a trust under the laws of the Province of Ontario. The Borrower has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, including the business of the Borrower Trust, to enter into and perform its obligations under each Credit Document, and is qualified to do business and in good standing in every jurisdiction wherever necessary to carry out its business, including the business of the Borrower Trust. The jurisdiction in which the principal place of business, the chief executive office, and domicile (as contemplated by the Civil Code of Quebec) of the Borrower and the Borrower Trust is located is the Province of Ontario. The full and complete name of the Borrower Trust is Mogo Finance Trust. The Borrower Trust does not have a French form of name, and the Borrower Trust has not ever carried on business or acted under any name other than Mogo Finance Trust.
Organization; Requisite Power and Authority; Qualification; Other Names. Each of the Borrower and CPS (a) is duly organized or formed, validly existing and in good standing under the laws of the State of its organization, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents and the Related Agreements to which it is a party, and to carry out the transactions contemplated thereby and fulfill its Obligations thereunder, (c) is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and could not be reasonably expected to have, a Material Adverse Effect. The Borrower does not operate or do business under any assumed, trade or fictitious name. The Borrower has no Subsidiaries.
Organization; Requisite Power and Authority; Qualification; Other Names. Each Credit Party and each Guarantor(a) is duly organized or formed, validly existing and in good standing under the laws of the State of its organization, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party, and to carry out the transactions contemplated thereby and fulfill its Obligations thereunder, and (c) is qualified to do business and is in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and could not be reasonably expected to have, a Material Adverse Effect. Neither theany Borrower nor any Guarantor operates or does business under any assumed, trade or fictitious name other than, in the case of the Company, opploans, OppFi, SalaryTap, OppFi Card, Opportunity Loans and Opp Loans. The Borrower has no Subsidiaries. The Company has no Subsidiaries except as set forth on Schedule 4.1 hereto (as the same may be amended from time to time pursuant to the terms of this Agreement).
Organization; Requisite Power and Authority; Qualification; Other Names. Each Credit Party (a) is duly organized or formed, validly existing and in good standing under the laws of its jurisdiction of organization, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party and to carry out the transactions contemplated thereby, and (c) is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations. No Credit Party operates or does business under any assumed, trade or fictitious name. Borrower has no Subsidiaries other than Subsidiaries of Borrower formed to acquire Assets of Businesses, and to the extent such Assets are Pledged Assets, such applicable Subsidiary shall become a Grantor (as defined in the Security Agreement) pursuant to the terms of the Security Agreement.
Organization; Requisite Power and Authority; Qualification; Other Names. Each Credit Party (a) is duly organized or formed, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party, and to carry out the transactions contemplated thereby and fulfill its obligations thereunder, including the granting of the Liens on the Collateral in favor of the Collateral Agent, for the benefit of the Secured Parties and (c) is qualified to do business and is in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and could not be reasonably expected to have, either individually or in the aggregate, a Material Adverse Effect.
Organization; Requisite Power and Authority; Qualification; Other Names. 72 4.2 Capital Stock and Ownership. 72 4.3 Due Authorization. 73 4.4 No Conflict. 73 4.5 Governmental Consents. 73 4.6 Binding Obligation. 73 4.7 Eligible Loan Assets. 74 4.8 Historical Financial Statements. 74 4.9 No Material Adverse Effect. 74 4.10 Adverse Proceedings, etc. 74 4.11 Payment of Taxes. 74 4.12 Title to Assets. 75 4.13 No Indebtedness. 75 4.14 No Defaults. 75 4.15 Material Contracts. 75 4.16 Government Contracts. 75 4.17 Canadian Pension Plan. 75 4.18 Employee Benefit Plans. 75
Organization; Requisite Power and Authority; Qualification; Other Names. Company (a) is duly organized or formed, validly existing and in good standing under the laws of EAST\142259790.4 69 its jurisdiction of organization or formation as identified in Schedule 4.1, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party and to carry out the transactions contemplated thereby, and (c) is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and would not reasonably be expected to result in a Material Adverse Effect. Company does not operate or do business under any assumed, trade or fictitious name. Company has no Subsidiaries.
