Common use of Equity Ownership Clause in Contracts

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the Bank, if any. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its Subsidiaries.

Appears in 3 contracts

Samples: Loan and Security Agreement (CHS Inc), Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (US BioEnergy CORP)

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Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the Bank, if any, and such securities were issued in compliance with all applicable state and federal laws concerning the issuance of securities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its Subsidiaries.

Appears in 2 contracts

Samples: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Primoris Services CORP)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those and such securities were issued in favor compliance with all applicable state and federal laws concerning the issuance of the Bank, if anysecurities. As of the date hereof, there There are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its SubsidiariesBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Flux Power Holdings, Inc.)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries Borrowers are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those and such securities were issued in favor compliance with all applicable state and federal laws concerning the issuance of the Bank, if anysecurities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its SubsidiariesBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)

Equity Ownership. All issued and outstanding Capital Securities Stock of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the BankLender, if any, and such securities were issued in compliance with all applicable state and federal laws concerning the issuance of securities. As of the date hereofClosing Date, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities only Domestic Subsidiaries of the Borrower and each of its Subsidiariesare those Domestic Subsidiaries which have executed this Agreement as a Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the BankLender, if any, and such securities were issued in compliance with all applicable state and federal laws concerning the issuance of securities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Amtech Systems Inc)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the BankLender, if any, and such securities were issued in compliance with all applicable state and federal laws concerning the issuance of securities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its Subsidiaries.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Land Lease Inc)

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Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, paid and non-assessable, and free such securities were issued in compliance with all applicable state and clear federal laws concerning the issuance of all Liens other than those in favor of the Bank, if anysecurities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its SubsidiariesBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Chromcraft Revington Inc)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those and such securities were issued in favor compliance with all applicable state and federal laws concerning the issuance of the Bank, if anysecurities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its SubsidiariesBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Polar Power, Inc.)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of its Subsidiaries Borrowers are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens other than those in favor of the BankLender, if any, and such securities were issued in compliance with all applicable state and federal laws concerning the issuance of securities. As of the date hereof, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its Subsidiariesany Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amerinac Holding Corp.)

Equity Ownership. All issued and outstanding Capital Securities of the Borrower and each of in its Subsidiaries are duly authorized and validly issued, fully paid, non-assessable, and free and clear of any Liens and such securities were issued in compliance with all Liens other than those in favor applicable state and federal laws concerning the issuance of the Bank, if anysecurities. As of the date hereofExcept as set forth on Schedule 7.5, there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of the Borrower and each of its SubsidiariesBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Dynatronics Corp)

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