Status of the Borrower. The Borrower is a corporation, duly incorporated, validly existing, in good standing with respect to the filing of annual returns under the laws of the Province of British Columbia and is duly qualified, in good standing and authorized to do business in all jurisdictions where the character of the properties owned by it or the nature of the business transacted by it makes such qualification necessary.
Status of the Borrower. (a) Throughout the term of this Agreement, the Borrower will maintain its existence as a limited liability company organized under the laws of the State in good standing and qualified to transact business in the State and will not wind up or otherwise dispose of all or substantially all of its assets except as provided in the Mortgage and Section 5.2 of this Agreement.
(b) Notwithstanding the provisions of the Mortgage, the Borrower shall not effect a merger, consolidation, or Transfer if the result thereof would cause the interest on the Bonds (in the hands of any Person who is not a “substantial user” of the Project or a “related person”) to become includable in gross income for federal income tax purposes.
(c) Upon a change in the jurisdiction of the Borrower’s organization, the Issuer, the Trustee, and the Bondholder Representative shall be immediately informed, and if requested, the Borrower as newly constituted shall deliver to the Issuer, the Trustee, and the Bondholder Representative an instrument in form satisfactory to each of them affirming the liability of the Borrower hereunder, subject in all events to the terms and conditions of Section 11.11 hereof.
(d) The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, its subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.
Status of the Borrower. Any of the following events happen in respect of the Borrower:
(a) it loses its status as a "Foundation Trust";
(b) a Trust Special Administration Order is made in respect of it; or
(c) Monitor exercises one or more of its powers under section 52 or 53 of the National Health Service Xxx 0000.
Status of the Borrower. Borrower is not insolvent (as such term is defined in Section 101(32) of the Bankruptcy Code of 1978, as amended) and will not be rendered insolvent (as such term is defined in Section 101(32) of the Bankruptcy Code of 1978, as amended) by execution of this Agreement, each Note, or any other Loan Document or the consummation of the transactions contemplated thereby.
Status of the Borrower. The Borrower (a) is a REIT, (b) has not revoked its election to be a REIT, (c) has not engaged in any “prohibited transactions” as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (d) for its current “tax year” (as defined in the Code) is, and for all prior tax years subsequent to its election to be a real estate investment trust has been, entitled to a dividends paid deduction which meets the requirements of Section 857 of the Internal Revenue Code. The common stock of the Borrower is listed for trading on the New York Stock Exchange.
Status of the Borrower. The Borrower is a corporation validly existing, in good standing under the laws of Canada and is duly qualified, in good standing and authorized to do business in all jurisdictions where the character of the properties owned by it or the nature of the business transacted by it makes such qualification necessary. The Borrower has all requisite corporate power and authority to own its properties, has obtained or will obtain all material Governmental Approvals required at the Closing Date to carry on its business as now conducted and to enter into and perform its obligations under the Agreement and all instruments and agreements delivered pursuant hereto and thereto.
Status of the Borrower. The Borrower is an organization as described in Section 501(c)(3) of the Code and is exempt from federal income tax under Section 501(a) of the Code (other than the tax imposed with respect to unrelated business taxable income), and while the Series 2016B Bond is outstanding the Borrower at all times will maintain its status as such an organization and its exemption from federal income tax under said sections of the Code or corresponding provisions of future federal income tax law.
Status of the Borrower. The Borrower is the Ministry of Finance of Kyrgyz Republic, and has full power, authority and legal right to own its property and assets and to carry on its business as now being conducted.
Status of the Borrower. The Borrower shall have legal qualification to carry on its businesses at the properties owned or leased by it and the places as required by the businesses carried on by it. Schedule A hereof sets forth, on the execution date , (i) the list of shareholders and the share proportion and investment method of each shareholder; (ii) names, addresses and titles of all the in-service directors and officers; (iii) investment in other companies and entities within and out of the PRC and the list of proprietary shares; and (iv) all the loan agreements and guarantee and/or security agreements where the Borrower bears the obligations of a guarantor and/or uses its assets as the collateral.
Status of the Borrower
