Common use of Existence, Qualification and Power Clause in Contracts

Existence, Qualification and Power. The Company is duly organized or formed, validly existing and, if applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (a) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the Warrants, and (b) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, in each case referred to in clause (a)(i) or (b), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company and each of its Subsidiaries (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company and each Material Subsidiary (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company (a) is duly organized or formedorganized, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business in which it is currently engaged and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company (a) is duly organized or formedorganized, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business in which it is currently engaged and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Each of the Company Entities (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the Warrantsto which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Each of the Company Entities (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the Warrantsto which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Each of the Company Entities (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on to conduct its business as currently conducted and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsTransaction Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, in each case referred to in clause (a)(i) or (b), to except where the extent that failure to do so could qualify solely with respect to this Section 3.01(c) has not had and would not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company and each Subsidiary thereof (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company (a) is duly organized or formedorganized, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business in which it is currently engaged and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.. 5.02

Existence, Qualification and Power. The Each of the Company Entities (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on to conduct its business Business as currently conducted and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsTransaction Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business Business requires such qualification or license, except, in each case referred to in clause (a)(i) or (b), to except where the extent that failure to do so could qualify solely with respect to this Section 3.01(c) has not had and would not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company Borrower and each of its Subsidiaries (a) is duly organized or formed, validly existing and, if applicable, and in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, and in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company and each Subsidiary (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the WarrantsLoan Documents to which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Company and each of its Subsidiaries (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the Warrants, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

Existence, Qualification and Power. The Each of the Company Entities (a) is duly organized or formed, validly existing and, if as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization, and the Company and each Subsidiary (ab) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the this Agreement and the Warrantsto which it is a party, and (bc) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license, except, ; except in each case referred to in clause (a)(ib)(i) or (bc), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.