Existence of Borrower. If Borrower is a corporation or other form of entity, Borrower shall maintain its existence in good standing under the laws of the state in which it is organized and maintain its qualification as a foreign entity in good standing in each jurisdiction in which the nature of its business requires qualification as a foreign entity and where the failure to qualify would have a material adverse effect on Borrower's business.
Existence of Borrower. The Borrower is a corporation duly incorporated, validly existing and in good standing under the laws of the state indicated at the beginning of this Agreement.
Existence of Borrower. Section 7.4 of the Indenture shall be binding upon the Borrower as if such section (and the corresponding defined terms) had been set forth herein in its entirety.
Existence of Borrower. (a) The Borrower shall take all reasonable steps to maintain its identity as a separate legal entity from that of its members. The Borrower shall keep its principal place of business at the address specified on Appendix B. The Borrower shall keep separate books and records and will not commingle its respective funds with those of any other Person. The Borrower shall, to the maximum extent permitted by applicable law, keep in full force and effect its rights and franchises as a limited liability company incorporated under the laws of the State of Delaware, shall comply with the provisions of its organizational documents, and shall obtain and preserve its qualification to do business as a foreign limited liability company in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement or any of the Collateral.
Existence of Borrower. The Borrower is a corporation duly formed and validly existing and in good standing under the laws of the State of Minnesota, and it is in good standing in Minnesota and qualified to do business in Iowa.
Existence of Borrower. The Borrower shall comply with the provisions of Section 7.4 of the Indenture with respect to the existence of the Borrower and the provisions of Section 7.4 of the Indenture are incorporated by reference mutatis mutandis.
Existence of Borrower. Borrower was formed pursuant to that certain Certificate of Formation dated as of April 1, 2014and is governed pursuant to that certain Second Amended and Restated Agreement of Limited Liability Company Agreement dated as of September 19, 2014 (as amended, modified, supplemented, or restated from time to time, the “Operating Agreement”).
Existence of Borrower. Borrower shall preserve and keep in full force and effect its existence, rights, franchises, and trade names. Borrower shall promptly pay any and all taxes to preserve its existence in Nevada, Texas, and New Mexico, and shall comply with all of the foregoing state requirements to maintain its authority to transact business in Nevada, Texas, and New Mexico.
Existence of Borrower. Borrower and Guarantor are each a corporation duly incorporated, validly existing and in good standing under the laws of the state indicated at the beginning of this Agreement and are duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary, except as permitted by Section 3.2(g) hereto. Borrower and Guarantor have not, in the past five years, operated under any name, including any trade name or assumed name, other than the names indicated at the beginning of this Agreement, the names of the Subsidiaries listed in Section 4.1(l) and the following names: Sunrise Leasing Corporation, Sunrise Financial Resources, Sunrise Funding Corporation I, Cisco Systems Capital Corporation, Digital Telecommunications Capital, International Leasing Corporation, Internet Finance and Equipment Capital Corporation, MicroSystem Solutions, Sonic Solutions Capital Corporation, Sun Microsystems Finance, Symmetricom Capital, H.A. Technical Solutions, LLC, King Leasing S. de X.X. de C.V., King Services Administrators S. de X.X. de C.V. and Vanguard Investments LLC.
Existence of Borrower. (a) The Borrower shall, to the maximum extent permitted by applicable law, maintain in full force and effect its existence and rights as a limited liability company organized under the laws of the State of Delaware, and shall obtain and preserve its qualification to do business as a limited liability company in each jurisdiction in which such qualifications are or shall be necessary to protect the validity and enforceability of this Agreement, the Indenture, the Notes or any of the Assets; provided, however, that the Borrower shall be entitled to change its jurisdiction of formation from the State of Delaware to any other jurisdiction reasonably selected by the Borrower so long as (i) the Borrower has received a legal opinion (upon which the Trustee, the Collateral Agent and the Loan Agent may conclusively rely) to the effect that such change is not disadvantageous in any material respect to the Holders or the Lenders, (ii) written notice of such change shall have been given by the Borrower to the Trustee, the Collateral Agent, the Loan Agent (which shall provide such notice to the Lenders), the Collateral Manager, each Lender and the Rating Agency and (iii) on or prior to the 15th Business Day following receipt of such notice the Collateral Agent shall not have received written notice from a Majority of the Controlling Class objecting to such change.
