Common use of GOOD STANDING; QUALIFIED TO DO BUSINESS Clause in Contracts

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 29 contracts

Samples: Employment Agreement, Master Loan and Security Agreement (Ostex International Inc /Wa/), Loan and Security Agreement (Genaissance Pharmaceuticals Inc)

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GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could reasonably be expected to have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (Cellomics Inc), Master Loan and Security Agreement (Keravision Inc /Ca/), Master Loan and Security Agreement (Pharsight Corp)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses business in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 3 contracts

Samples: Master Loan and Security Agreement (Abovenet Communications Inc), Master Loan and Security Agreement (Abovenet Communications Inc), Loan and Security Agreement (Futurelink Corp)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is a)is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes plans to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's Borrowers ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Pilot Network Services Inc), Master Loan and Security Agreement (Pilot Network Services Inc)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, existing and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, engaged and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, Documents or (iii) the rights of the Lender hereunder.

Appears in 2 contracts

Samples: Security Agreement (Bolder Technologies Corp), Security Agreement (Abaxis Inc)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, existing and in good standing under the laws of the State of its organizationDelaware, (b) has the requisite power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, engaged and (c) is duly qualified and authorized to do business in the State and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, Documents or (iii) the rights of the Lender hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intracel Corp), Loan and Security Agreement (Intracel Corp)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in the United States in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Cypress Bioscience Inc)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (ai) if a corporation or a partnership, is duly organized, validly existing, existing and in good standing under the laws of the its State of its organizationincorporation or formation, (bii) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, engaged and (ciii) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (ia) the Borrower, (iib) the Borrower's ability to perform its obligations under the Loan Documents, Documents or (iiic) the rights of the Lender hereunder.

Appears in 1 contract

Samples: Security Agreement (NPR Inc)

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GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could is reasonably likely to have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Biotransplant Inc)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes purposes to be, engaged, and (c) is duly qualified qualifed and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Paradigm Genetics Inc)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the corporate power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Sonoma Systems)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could have a Material Adverse Effect on (i) the Borrower, (ii) the Borrower's ’s ability to perform its obligations under the Loan Documents, or (iii) the rights of the Lender hereunder.

Appears in 1 contract

Samples: Financing Agreement (Pacific Biometrics Inc)

GOOD STANDING; QUALIFIED TO DO BUSINESS. The Borrower (a) is a)is duly organized, validly existing, and in good standing under the laws of the State of its organization, (b) has b)has the power and authority to own its properties and assets and to transact the businesses in which it is presently, or proposes to be, engaged, and (c) is c)is duly qualified and authorized to do business and is in good standing in every jurisdiction in which the failure to be so qualified could reasonably be expected to have a Material Adverse Effect on (i) the i)the Borrower, (ii) the ii)the Borrower's ability to perform its obligations under the Loan Documents, or (iii) the iii)the rights of the Lender hereunder.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Medimmune Inc /De)

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