Common use of Incorporation; Good Standing Clause in Contracts

Incorporation; Good Standing. The Borrower and each of its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its respective jurisdiction of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction in which its property or business as presently conducted or contemplated makes such qualification necessary, except where a failure to be so qualified would not have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries as a whole.

Appears in 5 contracts

Samples: Loan Agreement, Revolving Credit Agreement (Usa Waste Services Inc), Revolving Credit Agreement (Waste Management Inc)

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Incorporation; Good Standing. The Borrower and each of its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its respective jurisdiction of incorporationformation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction in which its property or business as presently conducted or contemplated makes such qualification necessary, except where a failure to be so qualified would not have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries as a whole.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Waste Management Holdings Inc), Loan Agreement (Waste Management Holdings Inc)

Incorporation; Good Standing. The Each of the Borrower and each of its Subsidiaries (ia) is a corporation duly organized, validly existing and in good standing under the laws of its respective jurisdiction of incorporationincorporation or organization, (iib) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iiic) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction in which its property or business as presently conducted or contemplated makes where such qualification necessary, is necessary except where a failure to be so qualified would not have a material materially adverse effect on the business, assets or financial condition of the Borrower and or its Subsidiaries as a wholeSubsidiaries.

Appears in 2 contracts

Samples: Loan Agreement (Applied Opsec Corp), Loan Agreement (Optical Security Group Inc)

Incorporation; Good Standing. The Each of the Borrower and each of its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing or in current status under the laws of its respective jurisdiction state of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction in which its property or business as presently conducted or contemplated makes such qualification necessary, necessary except where a failure to be so qualified would not have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries as a wholeor such Subsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Iteq Inc)

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Incorporation; Good Standing. The Borrower Each of the Borrowers and each of its their Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its respective jurisdiction state of incorporation, (ii) has all requisite corporate power and authority and legal right to own and operate its property, to lease the property it operates as lessee and to conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction in which its property or business as presently conducted or contemplated makes where such qualification necessary, is necessary except where a failure to be so qualified would not have a material materially adverse effect on the business, assets or financial condition of such Borrower or such Subsidiaries or such Borrower's ability to perform the Borrower and its Subsidiaries as a wholeObligations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Au Bon Pain Co Inc)

Incorporation; Good Standing. The Borrower and each of its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its respective jurisdiction of incorporation, (ii) has all requisite corporate power to own its property and conduct its business as now conducted and as presently contemplated, and (iii) is in good standing as a foreign corporation and is duly authorized to do business in each jurisdiction in which its property or business as presently conducted or contemplated makes such qualification necessary, except where a failure to be so qualified would not have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries as a whole.. (b)

Appears in 1 contract

Samples: Credit Agreement (Millipore Corp)

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