Common use of Due Incorporation, Qualification, etc Clause in Contracts

Due Incorporation, Qualification, etc. The Company and each of its Subsidiaries (i) is a corporation duly incorporated, validly existing and in good standing under the laws of the jurisdiction of its formation; (ii) has the requisite corporate power and authority to own and operate its assets and properties and carry on its business as now conducted; and (iii) is duly qualified to do business as a foreign corporation in each jurisdiction where the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement (Sagent Technology Inc), Note Purchase Agreement (Sagent Technology Inc), Note Purchase Agreement (Group 1 Software Inc)

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Due Incorporation, Qualification, etc. The Each of the Company and each of its Subsidiaries (i) is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of the jurisdiction its state of its formationincorporation; (ii) has the requisite corporate power and authority to own own, lease and operate its assets and properties and carry on its business as now conducted; and (iii) is duly qualified qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.)

Due Incorporation, Qualification, etc. The Each of Company and each of its Subsidiaries (i) is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of the jurisdiction its state of its formationincorporation; (ii) has the requisite corporate power and authority to own own, lease and operate its assets and properties and carry on its business as now conducted; and (iii) is duly qualified qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Agreement (Polycom Inc), Security Agreement (Digital Lightwave Inc)

Due Incorporation, Qualification, etc. The Company and each of its Subsidiaries (i) is a corporation duly incorporatedorganized, validly existing and in good standing under the laws of the jurisdiction its state of its formationincorporation; (ii) has the requisite corporate power and authority to own own, lease and operate its assets and properties and carry on its business as now conducted; and (iii) is duly qualified qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect. The Company has no subsidiaries.

Appears in 1 contract

Samples: Note Purchase Agreement (Senorx Inc)

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Due Incorporation, Qualification, etc. The Company and each of its Subsidiaries (i) is a corporation are corporations duly incorporatedorganized, validly existing and in good standing under the laws of the jurisdiction their respective jurisdictions of its formation; incorporation, (ii) has have the requisite corporate power and authority to own and operate its assets and properties their property and carry on its business their businesses as now being conducted; , and (iii) is are duly qualified to do business and in good standing as a foreign corporation corporations in each jurisdiction where the failure to be so qualified could reasonably be expected to qualify would have a Material Adverse Effectmaterial adverse effect on their operations or condition (financial or otherwise).

Appears in 1 contract

Samples: Credit Agreement and Note (Datron Systems Inc/De)

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