Common use of Existence, Power and Qualification Clause in Contracts

Existence, Power and Qualification. Borrower is a duly organized and validly existing limited liability company, has the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 5 contracts

Samples: Loan Agreement, Loan Agreement (CNL Healthcare Properties II, Inc.), Loan Agreement (CNL Healthcare Trust, Inc.)

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Existence, Power and Qualification. Borrower is a corporation duly organized and organized, validly existing limited liability companyin good standing under the laws of the state of its formation as set forth in the heading of this Agreement, has the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 2 contracts

Samples: Loan Agreement (Balanced Care Corp), Loan Agreement (Balanced Care Corp)

Existence, Power and Qualification. Borrower is a duly organized and validly existing limited liability company, has the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in Illinois and every other jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 2 contracts

Samples: Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (American Retirement Corp)

Existence, Power and Qualification. Each Borrower is a duly organized and validly existing limited liability company, has in the jurisdiction of its formation having the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character failure to be so qualified would have a material adverse effect on the results of the properties owned by it operations, conditions (financial or in which the transaction otherwise), assets, properties, business or prospects of its business makes its qualification necessaryBorrowers (a “Material Adverse Effect”).

Appears in 2 contracts

Samples: Loan Agreement (Adcare Health Systems Inc), Loan Agreement (Adcare Health Systems Inc)

Existence, Power and Qualification. Borrower is a duly organized and validly existing limited liability companyRegistered Organization, has the power to own its properties and to carry on its business as it is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 1 contract

Samples: Loan Agreement (Sunrise Senior Living Inc)

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Existence, Power and Qualification. Borrower is a duly organized and validly existing limited liability companypartnership or corporation, as applicable, has the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

Existence, Power and Qualification. Borrower is a duly organized and validly existing limited liability companypartnership, has the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

Existence, Power and Qualification. Borrower is a duly organized and validly existing limited liability companyentity, has the power to own its properties and to carry on its business as is now being conducted, and is duly qualified to do business and is in good standing in every jurisdiction in which the character of the properties owned by it or in which the transaction of its business makes its qualification necessary.

Appears in 1 contract

Samples: Subordination and Attornment Agreement (Ensign Group, Inc)

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