Partnership Existence. Crosstex (a) is a limited partnership duly formed, validly existing and in good standing under the laws of the State of Delaware; and (b) has all requisite power and authority, and has all governmental licenses, authorizations, consents and approvals necessary, to own, lease, use and operate its Properties and carry on its business as its business is now being conducted, except where the failure to obtain such licenses, authorizations, consents and approvals would not be reasonably likely to have a Crosstex Material Adverse Effect. Each of Crosstex’s Subsidiaries has been duly incorporated or formed, as the case may be, and is validly existing and in good standing under the laws of the State or other jurisdiction of its incorporation or organization, as the case may be, and has all requisite power and authority, and has all governmental licenses, authorizations, consents and approvals necessary, to own, lease, use or operate its respective Properties and carry on its business as now being conducted, except where the failure to obtain such licenses, authorizations, consents and approvals would not be reasonably likely to have a Crosstex Material Adverse Effect. None of Crosstex nor any of its Subsidiaries are in default in the performance, observance or fulfillment of any provision of, in the case of Crosstex, the Partnership Agreement or its Certificate of Limited Partnership or, in the case of any Subsidiary of Crosstex, its respective certificate of incorporation, certification of formation, bylaws, limited liability company agreement or other similar organizational documents. Each of Crosstex and its Subsidiaries is duly qualified or licensed and in good standing as a foreign limited partnership, limited liability company or corporation, as applicable, and is authorized to do business in each jurisdiction in which the ownership or leasing of its respective Properties or the character of its respective operations makes such qualification necessary, except where the failure to obtain such qualification, license, authorization or good standing would not be reasonably likely to have a Crosstex Material Adverse Effect.
Partnership Existence. Guarantor is a limited partnership duly formed, validly existing and in good standing under the laws of the State of Delaware, has the partnership power and authority to own its assets and to transact the business in which it is now engaged and is in good standing under the laws of each jurisdiction where its ownership or lease of property or the conduct of its business requires such qualification, except for failures to be so qualified, authorized or licensed that could not in the aggregate have a material adverse effect on the business operations, assets or financial condition of Guarantor and its Subsidiaries, taken as a whole.
Partnership Existence. Each of the Partnerships: (a) is a general partnership, limited partnership or limited liability company, as appropriate, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation; (b) has all requisite partnership power and authority or company power and authority, as appropriate, to own its assets and carry on its business as now being or as proposed to be conducted; and (c) is qualified to do business in all jurisdictions in which the nature of its business makes such qualification necessary and where failure to so qualify would have a material adverse effect on the business, condition (financial or otherwise), operations, or properties of the Companies taken as a whole, Borrower, or any Material Subsidiary.
Partnership Existence. Debtor is duly organized and existing under the laws of the state specified in Item 10 of the Schedule and is duly licensed or qualified to do business and in good standing in every state in which the nature of its business or ownership of its property requires such licensing or qualification.
Partnership Existence. The Partnership, subject to Rule 326(b) of the Exchange and Section 8 hereof, will take and fulfill, or cause to be taken and fulfilled, all actions and conditions necessary to preserve and keep in full force and effect its existence, franchises, rights and privileges as a partnership and the existence, franchises, rights and privileges as a partnership or a corporation, as the case may be, of each of the Subsidiaries, and will not liquidate or dissolve, or permit any of the Subsidiaries to liquidate or dissolve, unless in the case of a Subsidiary its liquidation or dissolution would not have a material adverse effect on the business, prospects, earnings, properties or condition, financial or otherwise, of the Partnership and will take and fulfill, or cause to be taken and fulfilled, all actions and conditions necessary to qualify, and to preserve and keep in full force and effect its qualification, and that of each Subsidiary, to do business as a foreign partnership or corporation in each jurisdiction in which the character of the properties owned (or held under lease) by it or any Subsidiary, respectively, or the nature of their respective activities makes such qualification necessary.
Partnership Existence. Each of Enterra Production Partnership and the Enterra Acquisitions Partnership has been duly organized and is validly existing under the laws of Alberta and is duly registered to carry on their respective businesses or activities in the Province of Alberta and every other jurisdiction in which the nature of any material business or activities carried on by them or the character of any material properties owned or leased by them makes such registration necessary;
Partnership Existence. Borrower will continue to be validly existing, and in good standing as a limited partnership under the law of the State of Delaware. Borrower will continue to be qualified to do business in the State of Arizona and under the laws of each state in which the nature of the activities of Borrower requires such qualification.
Partnership Existence. So long as any Buyer beneficially owns any Series A Preferred Units or Warrants, the Partnership shall not be party to any Fundamental Transaction (as defined in the LP Amendment) unless the Partnership is in compliance with the applicable provisions governing Fundamental Transactions set forth in the LP Amendment and the Warrants.
Partnership Existence. The Operating Partnership: (a) is a limited partnership duly organized, validly existing and in good standing under the laws of the State of Delaware; (b) has all requisite partnership power and authority, and has all material governmental licenses, authorizations, consents and approvals, necessary to own its Property and assets and carry on its business as now being or as proposed to be conducted; (c) is duly qualified to do business and is in good standing under the laws of each jurisdiction in which the nature of the business conducted by it makes such qualification necessary and where failure so to qualify would, in the reasonable judgment of the Operating Partnership, have a Material Adverse Effect on the Operating Partnership; and (d) is in compliance with all Requirements of Law except to the extent that all failures to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect on the Operating Partnership.
Partnership Existence. Purchaser is a general partnership duly organized, validly existing and in good standing under the laws of Bermuda.
