Borrower Existence Sample Clauses

Borrower Existence. The Borrower shall at all times (a) preserve and maintain its existence and good standing in the jurisdiction of its organization, (b) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and (c) continue as a going concern in the business which the Borrower is presently conducting.

Borrower Existence. Borrower has been duly organized and is validly existing as a limited liability company in good standing under the laws of the State of Delaware.

Borrower Existence. (a) The Borrower shall at all times (1) preserve and maintain its existence and good standing in the jurisdiction of its organization; (2) preserve and maintain its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a material adverse effect on the Borrower); and (3) continue as a going concern in the business which the Borrower is presently conducting. (b) The Borrower shall not (1) engage in any line of business other than the businesses engaged in on the date of this agreement and businesses reasonably related thereto; (2) change its name, its type of organization, its jurisdiction of organization, or other legal structure; or (3) permit any of its organizational documents to be amended or modified in any way that could reasonably be expected to have a material adverse effect on the Lender.

Borrower Existence. Borrower has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Ohio.

Borrower Existence. The Borrower shall, and shall cause each Subsidiary to, at all times preserve and maintain its (a) existence and good standing in the jurisdiction of its organization, and (b) qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and shall at all times continue as a going concern in the same business or substantially similar business to the business which the Borrower or the Subsidiary, as applicable, is presently conducting.

Borrower Existence. Each Borrower shall at all times preserve and ------------------- maintain (a) its existence and good standing in the jurisdiction of its organization, and (b) its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing would not reasonably be expected to have Material Adverse Effect). Borrower shall at all times continue as a going concern in a Permitted Business provided any Borrower may merge with or into another Borrower so long as, if KMS is a party to the merger, KMS is the survivor. If a Borrower does not have an Organizational Identification Number and later obtains one, such Borrower shall promptly notify the Lender of such Organizational Identification Number.

Borrower Existence. The Borrower shall at all times preserve and maintain its existence, rights, franchises and privileges, and shall at all times continue as a going concern in the business which the Borrower is presently conducting.

Borrower Existence. The Borrower shall at all times preserve and maintain (a) the existence and good standing of itself and each Restricted Subsidiary in the jurisdiction of such Person’s organization, and (b) a qualification to do business and good standing in each jurisdiction where the nature of such Person’s business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect), and shall at all times continue as a going concern in the business which the Borrower or such Person is presently conducting. If the Borrower does not have an Organizational Identification Number and later obtains one, the Borrower shall promptly notify the Bank of such Organizational Identification Number.

Borrower Existence. Each Borrower is a corporation duly formed, validly existing and in good standing under the laws of its jurisdiction of incorporation with its principal place of business at 11835 NE Glen Widing Drive, Building E, Portland, Oregon 97220. ALC i▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ authorized to transact business in the states of Oregon, Nevada, Arizona and Nebraska. Carriage House is in good standing and authorized to transact business in the states of Nebraska and Delaware. Each Borrower is a debtor-in-possession pursuant to Chapter 11 of the Bankruptcy Code. Upon the effectiveness of the Interim Financing Order or Final Financing Order (defined in Section 5.10 below), the Loan Documents have each been duly authorized, executed and delivered and each constitutes the duly authorized, valid and legally binding obligation of each Borrower, enforceable against each Borrower in accordance with their respective terms and the terms of the Financing Orders.