Common use of Existence and Standing Clause in Contracts

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effect.

Appears in 18 contracts

Samples: Performance Undertaking (United Rentals Inc /De), Receivables Purchase Agreement (Tenneco Inc), Receivables Purchase Agreement (Tenneco Inc)

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Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could would not reasonably be expected to have a Material Adverse Effect.

Appears in 11 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (Rock-Tenn CO), Assignment Agreement (Smithfield Foods Inc)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on its financial conditions or results of operations.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp), Performance Undertaking (Amerisourcebergen Corp)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effectconducted.

Appears in 6 contracts

Samples: Performance Guaranty (Cardinal Health Inc), Performance Guaranty (Cardinal Health Inc), Performance Guaranty (Cardinal Health Inc)

Existence and Standing. The Performance Guarantor is a corporation duly organizedincorporated, validly existing and in good standing under the laws of its state jurisdiction of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, incorporation and has and holds all requisite corporate power and all governmental licenses, authorizations, consents and approvals required authority to carry on conduct its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effectconducted.

Appears in 4 contracts

Samples: Servicer Performance Guaranty (American Home Mortgage Investment Corp), Servicer Performance Guaranty (American Home Mortgage Investment Corp), Originator Performance Guaranty (American Home Mortgage Investment Corp)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, SECOND AMENDED AND RESTATED PERFORMANCE GUARANTY consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effectconducted.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Cardinal Health Inc), Performance Guaranty (Cardinal Health Inc)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could would not reasonably be expected to have a Material Adverse Effectmaterial adverse effect upon the ability of the Performance Guarantor to perform its obligations hereunder.

Appears in 2 contracts

Samples: Performance Undertaking (Universal Health Services Inc), Credit and Security Agreement (Universal Health Services Inc)

Existence and Standing. Each Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. Each Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Performance Undertaking (WestRock Co)

Existence and Standing. The Performance Guarantor is a corporation duly organized, incorporated under the laws of Delaware and is validly existing and in good standing under the laws of its state such jurisdiction of incorporation. The Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all necessary corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to do so qualify or so hold could not reasonably be expected to have a Material Adverse EffectPerformance Guarantor MAE.

Appears in 1 contract

Samples: Performance Undertaking (Pool Corp)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effectconducted.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cardinal Health Inc)

Existence and Standing. The Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. The Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Performance Undertaking (WestRock Co)

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Existence and Standing. The Performance Guarantor is a corporation duly organized, incorporated under the laws of Delaware and is validly existing and in good standing under the laws of its state such jurisdiction of incorporation. The Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, corporation and has and holds all necessary corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to do so qualify or so hold could not reasonably be expected to have a Material Adverse EffectPerformance Guarantor MAE.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pool Corp)

Existence and Standing. The Performance Guarantor is a corporation duly organizedincorporated, validly existing and in good standing under the laws of its state jurisdiction of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, incorporation and has and holds all requisite corporate power and all governmental licenses, authorizations, consents and approvals required authority to carry on conduct its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effect.conducted. [Pulte Restated Loan Agreement]

Appears in 1 contract

Samples: Loan Agreement (Pulte Homes Inc/Mi/)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. incorporation Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on its financial conditions or results of operations.

Appears in 1 contract

Samples: Performance Undertaking (Amerisourcebergen Corp)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted conducted, except where the failure to do so qualify or so hold could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Commercial Lines LLC)

Existence and Standing. Performance Guarantor is a corporation duly ---------------------- organized, validly existing and in good standing under the laws of its state of incorporation. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Mohawk Industries Inc)

Existence and Standing. Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporationMinnesota. Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could would not be reasonably be expected to have cause a Material Adverse EffectChange.

Appears in 1 contract

Samples: Performance Guaranty (CHS Inc)

Existence and Standing. The Performance Guarantor is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation. The Performance Guarantor is duly qualified to do business and is in good standing as a foreign corporation, and has and holds all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted except where the failure to so qualify or so hold could would not reasonably be expected to have a Material Adverse Effect.. 5

Appears in 1 contract

Samples: Credit Agreement (WestRock Co)

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