Common use of Borrowing Entity Clause in Contracts

Borrowing Entity. Borrower is a corporation, duly organized and existing and in good standing under the laws of the State of Delaware, and is qualified or licensed to do business in all jurisdictions (including California) in which such qualification or licensing is required or in which the failure to so qualify or to be so licensed could result in an Event of Default. There have been no changes in the organization, composition, ownership structure or formation documents of Borrower since the inception of the Loan except for those previously disclosed in writing to Agent.

Appears in 8 contracts

Samples: Second Loan Modification Agreement (Aerocentury Corp), Second Modification Agreement (Aerocentury Corp), Third Modification Agreement (Aerocentury Corp)

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Borrowing Entity. Borrower is a corporationcorporation which is duly organized, duly organized and validly existing and in good standing under the laws of in the State of Delaware, Delaware and is duly qualified or licensed to do business in all jurisdictions (including California) each jurisdiction in which such qualification or licensing it is required or in which to be qualified, except where the failure to so qualify or to be so licensed could result in an Event of Defaultqualified would not have a Material Adverse Effect. There Except as otherwise disclosed or delivered to Agent, there have been no changes in the organization, composition, ownership structure or formation documents of Borrower or any Guarantor since the inception of the Loan except for those previously disclosed in writing to AgentCredit Agreement.

Appears in 2 contracts

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

Borrowing Entity. Borrower is a corporation, corporation which is duly organized and validly existing and in good standing under the laws of the State of Delaware. Except as otherwise disclosed to Administrative Agent in writing prior to the date hereof, and is qualified or licensed to do business in all jurisdictions (including California) in which such qualification or licensing is required or in which the failure to so qualify or to be so licensed could result in an Event of Default. There there have been no changes in the organization, composition, ownership structure or formation documents of Borrower since the inception of the Loan except for those previously disclosed in writing to AgentLoan.

Appears in 2 contracts

Samples: Credit Agreement (New Home Co Inc.), Third Modification Agreement (New Home Co Inc.)

Borrowing Entity. Borrower is a corporation, corporation which is duly organized and validly existing and in good standing under the laws of the State of Delaware, and is qualified or licensed to do business in all jurisdictions (including California) in which such qualification or licensing is required or in which the failure to so qualify or to be so licensed could result in an Event of Default. There have been no changes in the organization, composition, ownership ownership, structure or formation documents of Borrower since the inception of the Loan except for those previously disclosed Loans. In each state in writing to Agentwhich Borrower does business, it is properly licensed and in good standing. This Agreement, and any instrument or agreement required hereunder are within Borrower’s powers, have been duly authorized, and do not conflict with any of Borrower’s organizational papers.

Appears in 1 contract

Samples: Modification and Extension Agreement (Inventure Foods, Inc.)

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Borrowing Entity. Borrower is a corporation, corporation which is duly organized and validly existing and in good standing under the laws of the State of Delaware, Delaware and is qualified or licensed to do business in all jurisdictions (including California) the States of California and Colorado. Except as otherwise disclosed to Lender in which such qualification or licensing is required or in which writing prior to the failure to so qualify or to be so licensed could result in an Event of Default. There date hereof, there have been no changes in the organization, composition, ownership structure or formation documents of Borrower since the inception of the Loan except for those previously disclosed in writing to AgentLoan.

Appears in 1 contract

Samples: Modification Agreement (TRI Pointe Homes, Inc.)

Borrowing Entity. Borrower is a corporation, corporation which is duly organized and validly existing and in good standing under the laws of the State of Delaware. Except as otherwise disclosed to Administrative Agent in writing plior to the date hereof, and is qualified or licensed to do business in all jurisdictions (including California) in which such qualification or licensing is required or in which the failure to so qualify or to be so licensed could result in an Event of Default. There there have been no changes in the organization, composition, ownership structure or formation documents of Borrower since the inception of the Loan except for those previously disclosed in writing to AgentLoan.

Appears in 1 contract

Samples: Modification Agreement (New Home Co Inc.)

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