Common use of Corporate Action Clause in Contracts

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 14 contracts

Samples: Second Amendment Agreement (Memry Corp), Third Amendment Agreement (Memry Corp), Third Amendment Agreement (Moore Medical Corp)

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Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower Borrowers of this Credit Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken, and satisfactory evidence thereof shall have been provided to the Administrative Agent.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Amendment Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 4 contracts

Samples: Third Amendment Agreement (DSL Net Inc), Credit Agreement (Arrowpoint Communications Inc), Second Amendment Agreement (DSL Net Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower Borrowers and the Guarantors of this Agreement and all other instruments and documents delivered by the Borrower Borrowers and the Guarantors in connection therewith shall have been duly and effectively taken.

Appears in 4 contracts

Samples: Third Amendment Agreement (Gerber Scientific Inc), First Amendment Agreement (Gerber Scientific Inc), Waiver and Second Amendment Agreement (Gerber Scientific Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the each Borrower of this Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken, and evidence thereof satisfactory to Lender, certified by a Responsible Officer shall have been provided to Lender.

Appears in 3 contracts

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

Corporate Action. All requisite corporate action necessary for ---------------- the valid execution, delivery and performance by the Borrower of this Amendment Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 3 contracts

Samples: Sixth Amendment Agreement (Moore Medical Corp), First Amendment Agreement (Moore Medical Corp), Fifth Amendment Agreement (Moore Medical Corp)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the each Borrower of this Credit Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken, and evidence thereof reasonably satisfactory to the Agent shall have been provided to the Agent.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Dynamics Research Corp), Revolving Credit Agreement (Dynamics Research Corp)

Corporate Action. All requisite corporate (or other) action necessary for the valid execution, delivery and performance by the Borrower of this Credit Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken, and evidence thereof satisfactory to the Lenders shall have been provided to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Amendment Agreement and all other instruments and documents delivered by the Borrower in connection therewith herewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: First Amendment Agreement      first Amendment Agreement (Scientific Learning Corp)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower and the Guarantors of this Agreement and all other instruments and documents delivered by the Borrower and the Guarantors in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Fourth Amendment Agreement (Griffin Land & Nurseries Inc)

Corporate Action. All requisite corporate action necessary for ---------------- the valid execution, delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith herewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Second Amendment Agreement (Memry Corp)

Corporate Action. All requisite corporate action actions on the part of Borrower necessary for the valid executionauthorization, execution and delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall Agreement, have been duly taken and effectively takenare in full force and effect.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Ambi Inc)

Corporate Action. All requisite corporate action necessary for the ---------------- valid execution, delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith herewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Amendment Agreement (Memry Corp)

Corporate Action. All requisite corporate action ---------------- necessary for the valid execution, delivery and performance by the Borrower of this Amendment Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Second Amendment Agreement (Moore Medical Corp)

Corporate Action. All requisite necessary corporate action necessary for has been duly and validly taken by the valid Company to authorize the execution, delivery and performance by the Borrower of this Agreement and all other instruments the Share Lending Agreement and documents delivered the issuance and delivery of the Securities by the Borrower in connection therewith shall have been duly and effectively takenCompany.

Appears in 1 contract

Samples: Underwriting Agreement (Mannkind Corp)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith herewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Second Amendment Agreement         second Amendment Agreement (Scientific Learning Corp)

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Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower and the Guarantors of this Amendment Agreement and all other instruments and documents delivered by the Borrower and the Guarantors in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Second Amendment Agreement (Griffin Land & Nurseries Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower Borrowers and the Guarantors of this Agreement and all other instruments and documents delivered by the Borrower Borrowers and the Guarantors in connection therewith shall have been duly and effectively taken.. (d)

Appears in 1 contract

Samples: Fourth Amendment Agreement (Gerber Scientific Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the each Borrower of this Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken., and evidence thereof satisfactory to Lender, certified by a Responsible Officer shall have been provided to Lender. (d)

Appears in 1 contract

Samples: Loan and Security Agreement

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Credit Agreement (Factset Research Systems Inc)

Corporate Action. All requisite corporate action necessary ---------------- for the valid execution, delivery and performance by the Borrower of this Waiver Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Waiver Agreement (Moore Medical Corp)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower Borrowers and any Material Subsidiary of this Credit Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken, and evidence thereof reasonably satisfactory to the Agent shall have been provided to the Agent.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Nashua Corp)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.. (d)

Appears in 1 contract

Samples: Second Amendment Agreement (Imagistics International Inc)

Corporate Action. All requisite corporate action necessary for ---------------- the valid execution, delivery and performance by the Borrower of this Waiver Agreement and all other instruments and documents delivered by the Borrower in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: And Waiver Agreement (Moore Medical Corp)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower Borrowers of this Agreement and all other instruments and documents delivered by the Borrower Borrowers in connection therewith shall have been duly and effectively taken.

Appears in 1 contract

Samples: Sixth Amendment Agreement (Xomed Surgical Products Inc)

Corporate Action. All requisite corporate action necessary for the valid execution, delivery and performance by the Borrower of this Agreement and all the other instruments and documents delivered by the Borrower in connection therewith Loan Documents shall have been duly and effectively taken, and evidence thereof satisfactory to Lender, certified by a Responsible Officer shall have been provided to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Orthopediatrics Corp)

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