Common use of Existence and Rights Clause in Contracts

Existence and Rights. Borrower is a corporation, duly organized and existing and in good standing under the laws of the state of California, without limit as to the duration of its existence each Borrower is authorized and in good standing to do business in the state of its incorporation; each Borrower has the appropriate powers and adequate authority, rights and franchises to own its property and to carry on its business as now conducted, and is duly qualified and in good standing in each state in which the character of the properties owned by it therein or the conduct of its business makes such qualification necessary; and Borrower has the power and adequate authority to make and carry out this Agreement. Borrower has no investment in any other business entity unless specified in writing to Bank.

Appears in 1 contract

Samples: Credit Agreement (Cardiodynamics International Corp)

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Existence and Rights. Borrower is a corporation, duly organized and existing and in good standing under the laws of the state of California, without limit as to the duration of its existence each existence. Borrower is authorized and in good standing to do business in the state of its incorporation; each Borrower has the appropriate powers and adequate authority, rights and franchises to own its property and to carry on its business as now conducted, and is duly qualified and in good standing in each state in which the character of the properties owned by it therein or the conduct of its business makes such qualification necessary; and Borrower has the power and adequate authority to make and carry out this Agreement. Borrower has no investment in any other business entity entity, other than Navicyte and ChromaXome, unless specified in writing to Bank.

Appears in 1 contract

Samples: Credit Agreement (Trega Biosciences Inc)

Existence and Rights. Borrower is a corporation, duly organized and existing and in good standing under the laws of the state of California, without limit as to the duration of its existence each existence. Borrower is authorized and in good standing to do business in the state of its incorporation; each Borrower has the appropriate powers and adequate authority, rights and franchises to own its property and to carry on its business as now conducted, and is duly qualified and in good standing in each the state in which the character of the properties owned by it therein or the conduct of its business makes such qualification necessary; and Borrower has the power and adequate authority to make and carry out this Agreement. Borrower has no investment in any other business entity unless specified in writing to Bank.

Appears in 1 contract

Samples: Credit Agreement (Websidestory Inc)

Existence and Rights. Borrower is a corporation, duly organized and existing and in good standing under the laws of the state State of California, without limit as to the duration of its existence each existence; Borrower is authorized and in good standing to do business in the state of its incorporation; each Borrower has the appropriate powers and adequate authority, rights and franchises to own its property and to carry on its business as now conducted, and is duly qualified and in good standing in each state in which the character of the properties owned by it therein or the conduct of its business makes such qualification necessary; and Borrower has the power and adequate authority to make and carry out this Agreement. Borrower has no investment in any other business entity entity, except for Permitted Investments, unless specified in writing to Bank.

Appears in 1 contract

Samples: Credit Agreement (Tier Technologies Inc)

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Existence and Rights. Borrower is a corporation, duly organized and existing and in good standing under the laws of the state of California, without limit as to the duration of its existence each Borrower is authorized and in good standing to do business in the state of its incorporation; each Borrower has the appropriate powers and adequate authority, rights and franchises to own its property and to carry on its business as now conducted, and is duly qualified and in good standing in each state in which the character of the properties owned by it therein or the conduct of its business makes such qualification necessary; and Borrower has the power and adequate authority to make and carry out this Agreement. Borrower has no investment in any other business entity unless specified in writing to Bank.

Appears in 1 contract

Samples: Credit Agreement (Entrade Inc)

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