Organization, Authority and No Conflict. Borrower is a corporation or limited partnership, duly organized, validly existing and in good standing in the State of its organization, its state organizational identification number is as set forth on the Information Certificate and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if Borrower is not so qualified, Borrower may cure any such failure without losing any of its rights, incurring any Liens or material penalties, or otherwise affecting Lender's rights. Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Borrower's execution, delivery and performance of this Agreement and the Other Agreements do not conflict with the provisions of the organizational documents of Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on Borrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on Borrower, and Borrower's execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any Lien upon any of Borrower's property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected.
Organization, Authority and No Conflict. Borrower is a corporation duly organized, validly existing and in good standing in the State of Illinois, its state organizational identification number on the date hereof is 50244296 and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary, except where the failure to be so qualified and in good standing could not reasonably be expected to have a Material Adverse Effect on Borrower. Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements to which it is a party and perform its obligations hereunder and thereunder. Borrower’s execution, delivery and performance of this Agreement and the Other Agreements to which it is a party does not conflict with the provisions of the organizational documents of Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which is binding on Borrower, in each case, which conflict could reasonably be expected to have a Material Adverse Effect on Borrower, and Borrower’s execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance upon any of Borrower’s property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected other than in favor of Agent on behalf of the Lenders.
Organization, Authority and No Conflict. Each Loan Party is an entity of the type set forth on Schedule 9.06, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation, organization or formation. Each Loan Party’s jurisdiction of incorporation, organization or formation, federal employer identification number and organization identification number are correctly set forth on Schedule 9.06. Each Loan Party is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Loan Party is not so qualified, the failure to be qualified or in good standing would not have a Material Adverse Effect or otherwise affect Lender’s rights in any material respect. Each Loan Party has the right and power and is duly authorized and empowered to enter into, execute and deliver the Loan Documents and perform its obligations hereunder and thereunder. Each Loan Party’s execution, delivery and performance of the Loan Documents does not conflict with the provisions of the organizational documents of such Loan Party, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document binding on such Loan Party, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect, and each Loan Party’s execution, delivery and performance of the Loan Documents shall not result in the imposition of any lien or other encumbrance upon any of such Loan Party’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which such Loan Party or any of its property may be bound or affected. If a Loan Party is a partnership or limited liability company, such Loan Party has not expressly elected to have its equity interests treated as “Securities” under and as defined in Article 8 of the Uniform Commercial Code.
Organization, Authority and No Conflict. Xxxxxxxxxxxx Parent is a corporation duly organized, validly existing and in good standing in the State of Delaware and its state organization identification number is 0024033. Xxxxxxxxxxxx Energy is a limited liability company duly organized, validly existing and in good standing in the State of Delaware, and its state organizational identification number is 2167615. Xxxxxxxxxxxx NC is a limited liability company duly organized, validly existing and in good standing the State of Virginia, and its state organizational identification number is S183596-8. WEI is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 2181866. Xxxxxxxxxxxx Roanoke is a limited partnership duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 2201291. Xxxxxxxxxxxx is a general partnership duly organized, validly existing and in good standing in the State of Virginia. Xxxxxxxxxxxx Resources is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 0829180. Xxxxxxxx is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4798657. Coal Sales is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 0693230. WCC is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4898788. WRI is a corporation duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 4553561. Each Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such failure does not have a Material Adverse Effect. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the other Loan Documents to which it is a party and perform its obligations hereunder and thereunder. Each Borrower’s execution and delivery of, and its performance of its obligation under, this Agreement and the ...
Organization, Authority and No Conflict. Each Obligor is a corporation duly organized, validly existing and in good standing in its respective state of incorporation identified on SCHEDULE 11(f) hereto, its respective state organizational identification number is identified on SCHEDULE 11(f) hereto, and each Obligor is duly qualified and in good standing in all states, provinces, countries and other applicable locales where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary, except where such failure would not have a Material Adverse Effect on such Obligor. Each Obligor has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Each Obligor's execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of such Obligor, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Obligor and each Obligor's execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance upon any of such Obligor's property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which such Obligor or any of its property may be bound or affected.
Organization, Authority and No Conflict. Clinical is a corporation, duly organized, validly existing and in good standing in the State of Delaware, its state organizational identification number is 3577499 and such Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s rights. GPSI is a corporation, duly organized, validly existing and in good standing in the State of Delaware, its state organizational identification number is 3627490 and such Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s rights. BioClinical is a corporation, duly organized, validly existing and in good standing in the State of Delaware, its state organizational identification number is 2724497 and such Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if such Borrower is not so qualified, such Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender’s rights. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Each Borrower's execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of such Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on such Borrower except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on such Borrower, and each Borrower's execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien...
Organization, Authority and No Conflict. Each Borrower is a corporation or limited liability company, as applicable, duly organized, validly existing and in good standing in its jurisdiction of organization, the state organizational identification number, if any, for each Borrower is set forth on Schedule 8.6 attached hereto, and each Borrower is duly qualified and in good standing in all jurisdictions where the failure to be so qualified would have a Material Adverse Effect. Each Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the other Loan Documents to which it is a party and perform its obligations hereunder and thereunder. The execution, delivery and performance by each Borrower of this Agreement and the other Loan Documents to which it is a party does not conflict with the provisions of the organizational documents of such Person, any material statute, regulation, ordinance or rule of law, or any material agreement, contract or other document which is binding on such Person, and each such Person’s execution, delivery and performance of this Agreement and the other Loan Documents shall not result in the imposition of any lien or other encumbrance upon any of such Person’s property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which such Person or any of its property may be bound or affected.
Organization, Authority and No Conflict. (i) US Borrower is a corporation, duly organized, validly existing and in active status in the State of Wisconsin, its state organizational identification number is 1000801 and US Borrower is duly qualified and in good standing in all jurisdictions where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary, except where the failure to be so qualified outside of Wisconsin could not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.
Organization, Authority and No Conflict. Borrower is a corporation duly organized, validly existing and in good standing in the State of Minnesota, its state organizational identification number is MN 8G-616 and Borrower is duly qualified and in good standing in all states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary or, if Borrower is not so qualified, Borrower may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Lender's rights. Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder and thereunder. Borrower's execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on Borrower, except for conflicts with agreements, contracts or other documents which would not have a Material Adverse Effect on Borrower, and Borrower's execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance upon any of Borrower's property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected.
Organization, Authority and No Conflict. Gibraltar is a corporation duly organized, validly existing and in good standing in the State of Delaware, its federal employer identification number is 00-0000000. Gibraltar is duly qualified and in good standing in Nebraska, North Carolina and all other states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary. RidgePak is a corporation duly organized, validly existing and in good standing in the State of Illinois, its federal employer identification number is 00-0000000. RidgePak is duly qualified and in good standing in Indiana and all other states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary. Standard is a corporation duly organized, validly existing and in good standing in the State of North Carolina, its federal employer identification number is 00-0000000. Standard is duly qualified and in good standing in and all other states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary. Niemand is a corporation duly organized, validly existing and in good standing in the State of Delaware, its federal employer identification number is 00-0000000. Niemand is duly qualified and in good standing in Alabama and all other states where the nature and extent of the business transacted by it or the ownership of its assets makes such qualification necessary. Borrower has the right and power and is duly authorized and empowered to enter into, execute and deliver this Agreement and the Other Agreements and perform its obligations hereunder an thereunder. Borrower's execution, delivery and performance of this Agreement and the Other Agreements does not conflict with the provisions of the organizational documents of Borrower, any statute, regulation, ordinance or rule of law, or any agreement, contract or other document which may now or hereafter be binding on Borrower, and Borrower's execution, delivery and performance of this Agreement and the Other Agreements shall not result in the imposition of any lien or other encumbrance upon any of Borrower's property under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument by which Borrower or any of its property may be bound or affected.
