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 other Loan Documents to which it is a party do not violate the provisions of the organizational documents of such Borrower, or any statute, regulation, Table of Contents ordinance or law, or any agreement, contract or other document to which it is a party, except for agreements, contracts or other documents which would not have a Material Adverse Effect. Each Borrower’s execution and delivery of, and performance of its obligations under, this Agreement and the other Loan Documents to which it is a party will not result in the imposition of any lien or other encumbrance upon such Borrower’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument to which such Borrower is a party.
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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 Partners 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. 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. 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 WC LLC is a corporation limited liability company duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 45535615509777. XXX is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 5371511. WML is a Delaware limited liability company duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 00-0000000. WECO is a Montana corporation duly organized, validly existing and in good standing the State of Montana, and its state organization identification number is 00-0000000. TWCC is a Montana corporation duly organized, validly existing and in good standing the State of Montana, and its state organization identification number is 00-0000000. Savage is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 00-0000000. Dakota is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 00-0000000. WC Investments is a limited partnership organized and existing under the laws of the Province of Quebec. Xxxxxxxxxxxx Canada is a corporation organized and existing under the laws of the Province of Alberta. WPR is a corporation organized and existing under the laws of the Province of Alberta. PMRL is an unlimited liability company organized and existing under the laws of the Province of Alberta. CVRI is a corporation organized and existing under the laws of the Province of Alberta. PCL is a corporation organized and existing under the laws of the Province of Saskatchewan. Willowvan is a is a corporation organized and existing under the laws of the Province of Saskatchewan. PRC is a is a partnership organized and existing under the laws of the Province of Saskatchewan. WCC BV is a B.V. organized and existing under the law of the Netherlands. Each Borrower is duly qualified and in good standing in all states jurisdictions 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 other Loan Documents to which it is a party do not violate the provisions of the organizational documents of such Borrower, or any statute, regulation, Table of Contents ordinance or law, or any agreement, contract or other document to which it is a party, except for agreements, contracts or other documents which would not have a Material Adverse Effect. Each Borrower’s execution and delivery of, and performance of its obligations under, this Agreement and the other Loan Documents to which it is a party will not result in the imposition of any lien or other encumbrance upon such Borrower’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument to which such Borrower is a party.
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Organization, Authority and No Conflict. Xxxxxxxxxxxx Parent Manitex International is a corporation corporation, duly organized, validly existing and in good standing in the State of Delaware Michigan and its state organization organizational identification number is 0024033. Xxxxxxxxxxxx Energy 10296D. Manitex is a limited liability company corporation, duly organized, validly existing and in good standing in the State of Delaware, Texas and its state organizational identification number is 21676150075051300. Xxxxxxxxxxxx NC Sabre is a limited liability company duly organizedcorporation, 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, Michigan and its state organization organizational identification number is 2181866. Xxxxxxxxxxxx Roanoke 05206J. Badger is a limited partnership corporation, duly organized, validly existing and in good standing in the State of Delaware, Minnesota and its state organization organizational identification number is 220129112P-56. Xxxxxxxxxxxx Crane and Machinery is a general partnership corporation, duly organized, validly existing and in good standing in the State of VirginiaIllinois and its organizational identification number is 0000-000-0. Xxxxxxxxxxxx Resources Crane and Machinery Leasing is a corporation corporation, duly organized, validly existing and in good standing in the State of Delaware, Illinois and its state organization organizational identification number is 08291800000-000-0. Xxxxxxxx LiftKing US is a corporation corporation, duly organized, validly existing and in good standing in the State of Delaware, Michigan and its state organization organizational identification number is 479865700-0000000. Coal Sales Manitex LLC is a corporation limited liability company, duly organized, validly existing and in good standing in the State of Delaware, Delaware and its state organization organizational identification number is 069323000-0000000. WCC LiftKing Canada is a an unlimited liability corporation duly organizedincorporated under the laws of the Province of Alberta, validly existing and in good standing in under the State laws 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 Province of Delaware, and its state organization identification number is 4553561Alberta. Each such Borrower is duly qualified and in good standing in all states or provinces, as applicable, 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 to so qualify could not have reasonably be expected to result in 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 execution, delivery and delivery of, and its performance of its obligation under, this Agreement and the other Loan Documents to which it is a party do does not violate conflict with the provisions of the organizational documents of such Borrower, or any statute, regulation, Table of Contents ordinance or rule of law, or any agreement, contract or other document to which it is a partymay 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. Each Effect on such Borrower, and such Borrower’s execution and execution, delivery of, and performance of its obligations under, this Agreement and the other Loan Documents to which it is a party will shall not result in the imposition of any lien or other encumbrance upon any of such Borrower’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument to by which such Borrower is a partyor any of its property may be bound or affected.
Appears in 1 contract
Samples: Loan and Security Agreement (Manitex International, Inc.)
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 Partners 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, Table of Contents 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. 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. 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 WC LLC is a corporation limited liability company duly organized, validly existing and in good standing in the State of Delaware, and its state organization identification number is 45535615509777. XXX is a Delaware corporation duly organized, validly existing and in good standing the State of Delaware, and its state organization identification number is 5371511. WC Investments is a corporation organized and existing under the laws of the Province of Quebec. WCC BV is a B.V. organized and existing under the law of the Netherlands. Xxxxxxxxxxxx Canada is a corporation organized and existing under the laws of the Province of Alberta. PMRL is an unlimited liability company organized and existing under the laws of the Province of Alberta. CVRI is a corporation organized and existing under the laws of the Province of Alberta. WPR is a corporation organized and existing under the laws of the Province of Alberta. PCL is a corporation organized and existing under the laws of the Province of Saskatchewan. Willowvan is a is a corporation organized and existing under the laws of the Province of Saskatchewan. PRC is a is a partnership organized and existing under the laws of the Province of Saskatchewan. Each Borrower is duly qualified and in good standing in all states jurisdictions 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 other Loan Documents to which it is a party do not violate the provisions of the organizational documents of such Borrower, or any statute, regulation, Table of Contents ordinance or law, or any agreement, contract or other document to which it is a party, except for agreements, contracts or other documents which would not have a Material Adverse Effect. Each Borrower’s execution and delivery of, and performance of its obligations under, this Agreement and the other Loan Documents to which it is a party will not result in the imposition of any lien or other encumbrance upon such Borrower’s property (other than Permitted Liens) under any existing indenture, mortgage, deed of trust, loan or credit agreement or other agreement or instrument to which such Borrower is a party.
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