Common use of Subsidiaries and Affiliates Clause in Contracts

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 7 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

AutoNDA by SimpleDocs

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state jurisdiction of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 3 contracts

Samples: Loan and Security Agreement (LDM Technologies Co), Term Loan and Security Agreement (LDM Technologies Inc), Term Loan and Security Agreement (LDM Technologies Inc)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 3 contracts

Samples: Loan and Security Agreement (United States Leather Inc /Wi/), Loan Agreement (United States Leather Inc /Wi/), Loan and Security Agreement (Nicholas Financial Inc)

Subsidiaries and Affiliates. Schedule 8.5 6.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and or organized and validly existing in good standing under the laws of its state of incorporation or organization set forth on Schedule 8.56.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 2 contracts

Samples: Credit Agreement (New Athletics, Inc.), Credit Agreement (MWI Veterinary Supply, Inc.)

Subsidiaries and Affiliates. Schedule 8.5 6.5 is a correct and complete list of the name and relationship to the such Borrower of each and all of the such Borrower’s Subsidiaries and other Affiliates. Each Subsidiary of such Borrower is (a) duly incorporated and or organized and validly existing in good standing under the laws of its state of incorporation or organization set forth on Schedule 8.56.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s Subsidiaries and other Affiliatesas of the Loan Availability Date. Each Restricted Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Restricted Subsidiary’s business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Subsidiaries and Affiliates. Schedule 8.5 6.5 is a correct and complete list of the name and relationship to the each Borrower of each and all of the that Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and or organized and validly existing in good standing under the laws of its state of incorporation or organization set forth on Schedule 8.56.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Post Petition Credit Agreement (Westpoint Stevens Inc)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s Subsidiaries Parent and other AffiliatesParent's Subsidiaries. Each Subsidiary is (a) duly incorporated and organized (or otherwise created, if not a corporation) and validly existing in good standing under the laws of its state of incorporation organization set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Merisel Inc /De/)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s 's Subsidiaries and other AffiliatesAffiliates as of the Closing Date. Each Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Weirton Steel Corp)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the each Borrower of each and all of the each Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is is (a) duly incorporated and organized and validly existing in good standing under the laws of its state jurisdiction of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.or

Appears in 1 contract

Samples: Loan and Security Agreement (Cerprobe Corp)

AutoNDA by SimpleDocs

Subsidiaries and Affiliates. Schedule 8.5 6.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s Subsidiaries and other Affiliates. Each Subsidiary is is: (a) duly incorporated and or organized and validly existing in good standing under the laws of its state of incorporation or organization set forth on Schedule 8.5, 6.5; and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s business, operations, prospects, property, or condition (financial or otherwise) ); and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower Loan Parties of each and all of the Borrower’s their Subsidiaries and other Affiliates. Each such Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Consolidated Freightways Corp)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower such Loan Party of each and all of the Borrower’s such Loan Party's Subsidiaries and other Affiliates. Each such Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Gt Bicycles Inc)

Subsidiaries and Affiliates. Schedule 8.5 6.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and or organized and validly existing in good standing under the laws of its state or country of incorporation or organization set forth on Schedule 8.56.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Credit Agreement (Anchor Holdings Inc)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower of each and all of the Borrower’s 's Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and organized and validly existing in good standing under the laws of its state of incorporation set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) ), and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Subsidiaries and Affiliates. Schedule 8.5 is a correct and complete list of the name and relationship to the Borrower Parent of each and all of the Borrower’s Parent's Subsidiaries and other Affiliates. Each Subsidiary is (a) duly incorporated and or organized and validly existing in good standing under the laws of its state of incorporation or organization as set forth on Schedule 8.5, and (b) qualified to do business as a foreign corporation or organization and in good standing in each jurisdiction in which the failure to so qualify or be in good standing could reasonably be expected to have a material adverse effect on any such Subsidiary’s 's business, operations, prospects, property, or condition (financial or otherwise) and (c) has all requisite power and authority to conduct its business and own its property.

Appears in 1 contract

Samples: Credit Agreement (Ames Department Stores Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!