Common use of Due Qualification Clause in Contracts

Due Qualification. The Borrower is duly qualified to do business, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 29 contracts

Samples: Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Alliance Resource Partners Lp), Receivables Financing Agreement (Applied Industrial Technologies Inc)

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Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity limited liability company and has obtained all material necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 19 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Due Qualification. The Borrower is (i) duly qualified to do business, business and is in good standing as a foreign entity limited liability company in its jurisdiction of formation, and (ii) has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualificationqualifications, licenses or approvals, except where the failure to do be so qualified or to have obtained such licenses or approvals could not reasonably be expected to have a Material Adverse Effect.

Appears in 19 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (New Mountain Finance Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Borrower Material Adverse Effect.

Appears in 15 contracts

Samples: Receivables Financing Agreement (Waystar Holding Corp.), Receivables Financing Agreement (Waystar Holding Corp.), Receivables Financing Agreement (BrightView Holdings, Inc.)

Due Qualification. The Borrower is (i) duly qualified to do business, business and is in good standing as a foreign entity limited liability company in its jurisdiction of formation, and (ii) has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualificationqualifications, licenses or approvals, except where the failure to do be so qualified, licensed or approved could not reasonably be expected to have a Material Adverse Effect.

Appears in 15 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan and Security Agreement (FS KKR Capital Corp)

Due Qualification. The Borrower is (i) duly qualified to do business, business and is in good standing as a foreign entity limited liability company in its jurisdiction of formation, and (ii) has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualificationqualifications, licenses or approvals, except where the failure to do so could be qualified, licensed or approved would not reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Security Agreement (Oaktree Specialty Lending Corp)

Due Qualification. The Borrower is duly qualified to do businessbusiness as a limited liability company, is in good standing as a foreign entity limited liability company and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Receivables Financing Agreement (Sabre Corp), Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.), Receivables Financing Agreement (Evoqua Water Technologies Corp.)

Due Qualification. The Borrower is duly qualified to do businessbusiness as a limited liability company, is in good standing as a foreign entity limited liability company and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (Oncor Electric Delivery Co LLC), Receivables Financing Agreement (PACIFIC GAS & ELECTRIC Co)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity corporation and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corporation)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity statutory trust, and has obtained or will obtain all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the conduct nature of its business requires such qualification, licenses or approvals, except where the failure it to do be so could not reasonably be expected to have a Material Adverse Effectqualified.

Appears in 6 contracts

Samples: Funding and Servicing Agreement (American Capital Strategies LTD), Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity limited liability company, and has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)

Due Qualification. The Borrower and each of the Borrower Subsidiaries is duly qualified to do business, is in good standing business as a foreign entity in good standing (to the extent such concept is applicable), and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have qualify, or obtain such license or approval, would result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (AerCap Holdings N.V.), Credit Agreement, Credit Agreement (AerCap Holdings N.V.)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity limited liability company, and has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualificationqualifications, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

Due Qualification. The Borrower is duly qualified to do businessbusiness as a limited liability company, is in good standing as a foreign entity limited liability company, and has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Due Qualification. The Borrower is duly qualified to do business, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.. (c)

Appears in 4 contracts

Samples: Receivables Financing Agreement (Compass Minerals International Inc), Financing Agreement (Davey Tree Expert Co), Receivables Financing Agreement

Due Qualification. The Borrower is duly qualified to do business, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could would not reasonably be expected to have a Material Adverse EffectEffect on the Borrower.

Appears in 4 contracts

Samples: Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity statutory trust, and has obtained all necessary qualifications, licenses and approvals approvals, in all jurisdictions in which the conduct of its business requires such qualificationqualifications, licenses or approvals, approvals except where to the extent that failure to do so obtain all necessary qualifications, licenses, or approvals could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity statutory trust in good standing, and has obtained all necessary licenses and approvals approvals, in all other jurisdictions in which the ownership or lease of property or the conduct of its business activities requires such qualificationqualifications, unless the failure to obtain such qualifications, licenses or approvals, except where the failure to do so could approvals would not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the ability of the Borrower to perform its obligations under any Borrower Basic Document.

Appears in 3 contracts

Samples: Collateral Agency Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Collateral Agency Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Collateral Agency Agreement (Daimler Trust)

Due Qualification. The Borrower is duly qualified to do business, is business as a foreign business entity in good standing as a foreign entity and has obtained all necessary required licenses and approvals approvals, if any, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, qualifications except where the those jurisdictions in which failure to do be so could qualified would not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business or operations of the Borrower or the Borrower’s performance hereunder.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Acceptance Corp)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity limited liability company and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corporation), Certificate Funding Agreement (Credit Acceptance Corporation)

Due Qualification. The Borrower is duly qualified to do businessbusiness as a corporation, is in good standing as a foreign entity limited liability company and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Owens & Minor Inc/Va/), Receivables Financing Agreement (Owens & Minor Inc/Va/), Receivables Financing Agreement (Owens & Minor Inc/Va/)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity statutory trust and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Americredit Corp), Loan and Security Agreement (Americredit Corp)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity limited liability company, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Meridian Venture Group LLC), Loan Agreement (Meridian Venture Group LLC)

Due Qualification. The Borrower is duly qualified to do business, is in good standing ----------------- business as a foreign entity in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Americredit Corp), Receivables Financing Agreement (Americredit Financial Services of Canada LTD)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity corporation and has obtained all material necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including, without limitation, the financing of the Pledged ABS and other Collateral as provided hereunder and the performance of its other obligations under the other Loan Documents to which it is a party) shall require such qualificationqualifications, licenses or and/or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Master Residual Loan Agreement (Triad Financial Corp), Triad Financial Corp

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification, licenses or approvals, except qualifications and where the failure to do so qualify could not be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Financial Pacific Co)

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Due Qualification. The Borrower is duly qualified to do business, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect. Error! Unknown document property name.

Appears in 1 contract

Samples: Receivables Financing Agreement (Integra Lifesciences Holdings Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the conduct of its business requires shall require such qualification, licenses license or approvals, approval (except where the failure to do be so could qualified, licensed and approved would not reasonably be expected to individually or in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistana Inc)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where to the extent that the failure to do be so could not reasonably be expected qualified, licensed or approved would not, in the aggregate, materially and adversely affect the ability of the Borrower to have perform its obligations under and comply with the terms of this Purchase Agreement or any other Transaction Document to which it is a Material Adverse Effect.party;

Appears in 1 contract

Samples: Purchase Agreement (Cronos Group)

Due Qualification. The Borrower is duly qualified to do business, business and ----------------- is in good standing as a foreign entity corporation, and has obtained or will obtain all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to qualify would have a Material Adverse Effectmaterial adverse effect on its ability to perform its obligations hereunder and under the Loans.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (Healthcare Financial Partners Inc)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity entity, and has obtained all necessary licenses licenses, authorizations, consents and approvals, in each jurisdiction in which failure to so qualify or to obtain such licenses, authorizations, consents and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to would have a Material Adverse EffectEffect on the conduct of the Borrower's business.

Appears in 1 contract

Samples: Securities Funding Agreement (Union Acceptance Corp)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity corporation, and has obtained or will obtain all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to qualify would have a Material Adverse Effectmaterial adverse effect on its ability to perform its obligations hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Union Acceptance Corp)

Due Qualification. The Borrower is duly qualified to do business, business and is in good standing as a foreign entity business trust, and has obtained or will obtain all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the conduct nature of its business requires such qualification, licenses or approvals, except where the failure it to do be so could not reasonably be expected to have a Material Adverse Effectqualified.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Due Qualification. The Borrower is duly qualified to do business, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Financing Agreement (Volt Information Sciences, Inc.)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property, or the conduct of its business requires shall require such qualificationqualifications, licenses or approvals, except and approvals and where the failure to do so qualify or to obtain such licenses and approvals could not be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Warehouse and Security Agreement (Financial Pacific Co)

Due Qualification. The Borrower is duly qualified to do businessqualified, is in good standing and authorized to do business as a foreign entity and has obtained all necessary licenses and approvals limited liability company in all jurisdictions in which the conduct of its business requires such qualification, licenses other states or approvals, except where countries wherein the failure to do so could not reasonably be expected to qualify would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Anthony Clark International Insurance Brokers LTD)

Due Qualification. The Borrower is duly qualified to do businessbusiness as a limited liability company, is in good standing as a foreign entity and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Financing Agreement (Sylvamo Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification, licenses or approvalsqualifications, except where the failure to do so could does not, and is not reasonably be expected to to, have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan, Security and Servicing Agreement (Ministry Partners Investment Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property, or the conduct of its business requires shall require such qualificationqualifications, licenses or approvals, except and approvals and where the failure to do so qualify or to obtain such licenses and approvals could not be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Onyx Acceptance Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to would have a Material Adverse Effectmaterial adverse effect on its ability to perform its obligations hereunder or under any other Transaction Document to which it is a party.

Appears in 1 contract

Samples: Receivables Financing Agreement (MFN Financial Corp)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Financing Agreement (Acc Consumer Finance Corp)

Due Qualification. The Borrower is duly qualified to do businessbusiness as a limited liability company, is in good standing as a foreign entity limited liability company and has obtained all necessary licenses and approvals in all jurisdictions in which the conduct of its business requires such qualification, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Borrower Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Financing Agreement (Syneos Health, Inc.)

Due Qualification. The Borrower is duly qualified to do business, is in good standing business as a foreign entity in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires such qualification, licenses or approvals, except where to the extent that the failure to do be so could not reasonably be expected qualified, licensed or approved would not, in the aggregate, materially and adversely affect the ability of Borrower to have perform its obligations under and comply with the terms of this Purchase Agreement or any other Transaction Document to which it is a Material Adverse Effect.party;

Appears in 1 contract

Samples: Purchase Agreement (Cronos Group)

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