Common use of Organization; Powers Clause in Contracts

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 224 contracts

Samples: Credit Agreement (Ultralife Corp), Credit Agreement (Baldor Electric Co), Credit Agreement (Magellan Midstream Partners Lp)

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Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredrequired of the Borrower or such Subsidiary, as applicable.

Appears in 92 contracts

Samples: Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Credit Agreement (Owl Rock Capital Corp), Revolving Credit Agreement (NF Investment Corp.)

Organization; Powers. Each of the Borrower Loan Parties and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to own its property and assets and to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 43 contracts

Samples: Credit Agreement (ATD Corp), Abl Credit Agreement (Petco Holdings Inc), Credit Agreement (TransDigm Group INC)

Organization; Powers. Each of the Borrower and its the Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 38 contracts

Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Revolving Credit Agreement (Teradata Corp /De/)

Organization; Powers. Each of the Borrower and its Subsidiaries Subsidiaries, as applicable, is duly organizedorganized or incorporated, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or incorporation, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredthe failure to do so could reasonably be expected to result in a Material Adverse Effect.

Appears in 20 contracts

Samples: Senior Secured (FS Investment CORP), Term Loan Credit Agreement (THL Credit, Inc.), Secured Revolving Credit Agreement (Sierra Income Corp)

Organization; Powers. Each of the Borrower and its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 19 contracts

Samples: Credit Agreement (Newfield Exploration Co /De/), Credit Agreement (HMS Holdings Corp), Credit Agreement (Pioneer Natural Resources Co)

Organization; Powers. Each of the Borrower and its Significant Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and (c) is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to comply with clauses (a) through (c) would not reasonably be expected to result in a Material Adverse Effect.

Appears in 18 contracts

Samples: Senior Secured Credit Agreement (Blue Owl Capital Corp II), Credit Agreement (Blue Owl Credit Income Corp.), Senior Secured Revolving Credit Agreement (Blue Owl Capital Corp III)

Organization; Powers. Each of the Borrower and its Material Subsidiaries is duly organized, validly existing and and, if applicable, in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except, in each case, where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

Appears in 15 contracts

Samples: Credit Agreement (Match Group, Inc.), Credit Agreement (Donnelley Financial Solutions, Inc.), Credit Agreement (Iac/Interactivecorp)

Organization; Powers. Each of the Borrower and its Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 14 contracts

Samples: Credit Agreement (First American Corp), Credit Agreement (Moodys Corp /De/), Credit Agreement (First American Corp)

Organization; Powers. Each of the Borrower Borrower, its Material Subsidiaries and its Subsidiaries the Loan Parties is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 12 contracts

Samples: Credit Agreement (Liberty Media Corp), Credit Agreement (Starz, LLC), Credit Agreement (Starz, LLC)

Organization; Powers. Each of the Borrower and its Subsidiaries each Subsidiary is duly organizedorganized or formed, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or formation, has all requisite corporate power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 11 contracts

Samples: Term Loan Agreement (Allete Inc), Credit Agreement (Allete Inc), Credit Agreement (Allete Inc)

Organization; Powers. Each of the The Borrower and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted andconducted, except where in the failure case of Subsidiaries to do soan extent that, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredChange.

Appears in 11 contracts

Samples: Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp)

Organization; Powers. Each of the Borrower and its the Significant Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 11 contracts

Samples: Credit Agreement (CSX Corp), Credit Agreement (CSX Corp), Credit Agreement (CSX Corp)

Organization; Powers. Each of Holdings, the Borrower and its the Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 10 contracts

Samples: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)

Organization; Powers. Each of the The Borrower and its Subsidiaries each Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 10 contracts

Samples: Credit Agreement (NetSpend Holdings, Inc.), Year Credit Agreement (Broadridge Financial Solutions, Inc.), Credit Agreement (Broadridge Financial Solutions, Inc.)

Organization; Powers. Each The Borrower and each of the Borrower and its Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to own its property and assets and to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and (c) is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure so to qualify could not reasonably be expected to result in a Material Adverse Effect.

Appears in 10 contracts

Samples: Credit Agreement (Laboratory Corp of America Holdings), Bridge Term Loan Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted andand is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 10 contracts

Samples: Assignment and Assumption (Valero Energy Corp/Tx), Revolving Credit Agreement (HollyFrontier Corp), Year Revolving Credit Agreement (HollyFrontier Corp)

Organization; Powers. Each of the Borrower and its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, and, except in each case where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect, (i) has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and (ii) is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 9 contracts

Samples: Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.)

Organization; Powers. Each of the The Borrower and each of its Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure failures to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 9 contracts

Samples: Credit Agreement (State Auto Financial CORP), Credit Agreement (American Equity Investment Life Holding Co), Credit Agreement (American Equity Investment Life Holding Co)

Organization; Powers. Each of the Borrower and its Consolidated Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 9 contracts

Samples: Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Industries Inc)

Organization; Powers. Each of the The Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 8 contracts

Samples: Credit Agreement (DNP Select Income Fund Inc), Term Loan Agreement (Weingarten Realty Investors /Tx/), Credit Agreement (Sotherly Hotels Lp)

Organization; Powers. Each of the Borrower and its the Significant Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 8 contracts

Samples: Term Loan Credit Agreement (Health Net Inc), Term Loan Credit Agreement (Health Net Inc), Credit Agreement (Health Net Inc)

Organization; Powers. Each of Holdings, the Borrower and its their Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 8 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc), Term Loan Credit Agreement (Advance Auto Parts Inc)

Organization; Powers. Each of the The Borrower and each of its Consolidated Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite corporate, partnership, limited liability company or other applicable organizational power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business inbusiness, in and is in good standing instanding, in every jurisdiction where such qualification is required.

Appears in 7 contracts

Samples: Letter of Credit and Reimbursement Agreement (Unisource Energy Corp), Credit Agreement (Tucson Electric Power Co), Loan Agreement (Unisource Energy Corp)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where because of the nature of its activities or properties such qualification is required.

Appears in 7 contracts

Samples: Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Alon USA Energy, Inc.)

Organization; Powers. Each of the The Borrower and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 7 contracts

Samples: Credit Agreement (Simpson Manufacturing Co Inc /Ca/), Credit Agreement (Select Comfort Corp), Credit Agreement (Simpson Manufacturing Co Inc /Ca/)

Organization; Powers. Each of Holdings, the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 7 contracts

Samples: Credit Agreement (Argo Tech Corp), Credit Agreement (Xm Satellite Radio Holdings Inc), Credit Agreement (Xm Satellite Radio Holdings Inc)

Organization; Powers. Each of the Borrower and its Significant Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 7 contracts

Samples: Credit Agreement (Wellpoint Health Networks Inc /De/), Year Revolving Credit Agreement (Diamond Offshore Drilling Inc), Assignment and Assumption (Diamond Offshore Drilling Inc)

Organization; Powers. Each of the Borrower and its Material Subsidiaries is duly organized, validly existing and (to the extent the concept is applicable in such jurisdiction) in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 7 contracts

Samples: Security Agreement (Square, Inc.), Revolving Credit Agreement (Twitter, Inc.), Revolving Credit Agreement (Zynga Inc)

Organization; Powers. Each of the Borrower and its -------------------- Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Credit Agreement (Smithfield Foods Inc), Credit Agreement (Olin Corp), Credit Agreement (Cambridge Technology Partners Massachusetts Inc)

Organization; Powers. Each of the Borrower Borrower, the Guarantors and its the Significant Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, and (c) except where the failure to do sobe so qualified or in good standing, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Day Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (Marathon Petroleum Corp)

Organization; Powers. Each of the The Borrower and each of its Consolidated Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite corporate, partnership, limited liability company or other applicable organizational power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business inbusiness, and is in good standing instanding, in every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Credit Agreement (Tucson Electric Power Co), Credit Agreement (Unisource Energy Corp), Mode Covenants Agreement (Tucson Electric Power Co)

Organization; Powers. Each of the Borrower and its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse EffectChange, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Assignment and Assumption (Magellan Midstream Partners Lp), Credit Agreement (Magellan Midstream Partners, L.P.), Credit Agreement (Magellan Midstream Partners Lp)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: 000 Credit Agreement (Ultra Petroleum Corp), Bridge Credit Agreement (Brown Forman Corp), Credit Agreement (Unitil Corp)

Organization; Powers. Each of the The Borrower and its Subsidiaries each Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted andand is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Agreement (Sunoco Inc), Agreement (Sunoco Inc), Agreement (Sunoco Inc)

Organization; Powers. Each of the Borrower and its Material Subsidiaries is (i) duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (ii) has all requisite power and authority to carry on its business as now conducted andconducted, except and (iii) is qualified to do business, and is in good standing, in every jurisdiction where such qualification is required except, in the case of (ii) or (iii) above, where the failure to do so, individually or in the aggregate, so qualify could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc), Credit Facility Agreement (Lennox International Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredthe failure to do so could reasonably be expected to result in a Material Adverse Effect.

Appears in 6 contracts

Samples: Secured Revolving Credit Agreement (Fifth Street Finance Corp.), Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp), Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp)

Organization; Powers. Each of the Borrower and its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 6 contracts

Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Forest Oil Corp)

Organization; Powers. Each of the Borrower and its Consolidated Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to own its assets and to carry on its business as now conducted andconducted, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where failure to have such power, authority and qualifications could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC)

Organization; Powers. Each of the Borrower and its the Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)

Organization; Powers. Each of the The Borrower and each of its Covered Subsidiaries is duly organized, validly existing and in good standing (if applicable) under the laws of the its jurisdiction of its organization, has all requisite power and authority to carry on conduct its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every each jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (OM Asset Management PLC), Revolving Credit Agreement (BrightSphere Investment Group Inc.)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organizedorganized or incorporated, as applicable, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or incorporation, as applicable, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredrequired of the Borrower or such Subsidiary, as applicable.

Appears in 5 contracts

Samples: Assignment and Assumption (Corporate Capital Trust, Inc.), Senior Secured Credit Agreement (FS Energy & Power Fund), Senior Secured Credit Agreement (FS Energy & Power Fund)

Organization; Powers. Each of the The Borrower and each of its Restricted Subsidiaries is are duly organizedorganized or validly formed, validly existing and in good standing under the laws of the jurisdiction jurisdictions of its organization, has their organization or formation and have all requisite power and authority to carry on its business as now conducted and, except where conduct their respective businesses in each jurisdiction in which the failure to do sohave such authority, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect, is qualified . The Borrower and each of its Restricted Subsidiaries have full power and authority to do carry on their business in, and is in good standing in, every jurisdiction where such qualification is requiredas now conducted.

Appears in 5 contracts

Samples: Assignment and Assumption (Southwestern Energy Co), Amendment and Restatement Agreement (Southwestern Energy Co), Assignment and Assumption (Southwestern Energy Co)

Organization; Powers. Each of the Borrower and its Subsidiaries each Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted andand is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp)

Organization; Powers. Each of the Borrower and its the Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite corporate, limited liability company or partnership power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)

Organization; Powers. Each of the Borrower and its the Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to own its assets and to carry on its business as now conducted andconducted, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where failure to have such power, authority, licenses, authorizations, consents, approvals and qualifications could not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Plains Exploration & Production Co), Credit Agreement (Plains Exploration & Production Co), Credit Agreement (Plains Exploration & Production Co)

Organization; Powers. Each of the Borrower Borrowers and its their respective Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)

Organization; Powers. Each of the Borrower and its Subsidiaries Borrowers is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp), Credit Agreement

Organization; Powers. Each of the The Borrower and each of its Subsidiaries subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Revolving Credit Agreement (NuStar GP Holdings, LLC), Day Revolving Credit Agreement (NuStar GP Holdings, LLC), 364 Day Revolving Credit Agreement (NuStar GP Holdings, LLC)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite limited partnership or limited liability company power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could is not reasonably be expected likely to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit and Term Loan Agreement (Taubman Centers Inc), Revolving Credit and Term Loan Agreement (Taubman Centers Inc), Term Loan Agreement (Taubman Centers Inc)

Organization; Powers. Each of the Borrower and each of its respective Subsidiaries is duly organized, validly existing and in good standing (to the extent such requirement shall be applicable) under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Servicing Agreement (Navistar Financial Corp)

Organization; Powers. Each of Holdings, the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 5 contracts

Samples: Credit Agreement (Hawaiian Telcom Communications, Inc.), Senior Secured Loan Agreement, Assignment and Assumption (Hawaiian Telcom Holdco, Inc.)

Organization; Powers. Each The Borrower and each of the Borrower and its Significant Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (Fedex Corp), Credit Agreement (Fedex Corp), Credit Agreement (Federal Express Corp)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing (or the equivalent) under the laws Laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)

Organization; Powers. Each The Borrower and each of the Borrower and its Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organizationincorporation, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Assignment and Assumption (CDK Global, Inc.), Credit Agreement (CDK Global, Inc.), Term Loan Credit Agreement (CDK Global, Inc.)

Organization; Powers. Each of the The Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted andand is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co), Second Amendment and Restatement Agreement (Sherwin Williams Co)

Organization; Powers. Each of the Such Borrower and each of its Subsidiaries is duly organizedorganized or incorporated, as applicable, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or incorporation, as applicable, has all requisite power and authority to carry on its business as now conducted conducted; and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse EffectEffect with respect to such Borrower, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredrequired of such Borrower or such Subsidiary, as applicable.

Appears in 4 contracts

Samples: Senior Secured (FS Investment CORP), Senior Secured Revolving Credit Agreement (Corporate Capital Trust, Inc.), Senior Secured (FS Investment Corp III)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to own its assets and to carry on its business as now conducted andconducted, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required, except where failure to have such power, authority and qualifications could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Evolve Transition Infrastructure LP), Credit Agreement (Sanchez Midstream Partners LP), Credit Agreement (Sanchez Production Partners LP)

Organization; Powers. Each of the Borrower and its Subsidiaries Group Companies is duly organized, validly existing and in good standing (if applicable) under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Assignment and Assumption (KKR & Co. L.P.)

Organization; Powers. Each of the such Borrower and its Subsidiaries (except Non-Material Subsidiaries) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Advances and Security Agreement (Washington Mutual Inc), Day Credit Agreement (Washington Mutual Inc), Credit Agreement (Washington Mutual Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organizedorganized or formed, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or formation, has all requisite corporate power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Term Loan Agreement (Cleco Corp), Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC)

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Organization; Powers. Each The Borrower and each of the Borrower and its Significant Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (Federal Express Corp), Day Credit Agreement (Fedex Corp), Credit Agreement (Fedex Corp)

Organization; Powers. Each of the Borrower and its Subsidiaries each Significant Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (Newmont Mining Corp /De/), Five Year Credit Agreement (Bowne & Co Inc), Credit Agreement (Newmont Mining Corp /De/)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and and, except for the matter set forth in Schedule 3.01, in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Revolving Credit Facility Agreement (Convergys Corp), Bridge Facility Agreement (Convergys Corp), Bridge Facility Agreement (Convergys Corp)

Organization; Powers. Each of the The Borrower and each of its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure failures to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp)

Organization; Powers. Each of the Borrower and its the Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (Trinity Industries Inc), Credit Agreement (Land O Lakes Inc), Credit Agreement (Land O Lakes Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organizedorganized or incorporated, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or incorporation, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 4 contracts

Samples: Credit Agreement (Mimecast LTD), Credit Agreement (Clear Secure, Inc.), Credit Agreement (Clear Secure, Inc.)

Organization; Powers. Each of the Borrower and its Subsidiaries (excluding Inactive Subsidiaries and Non-Controlled Joint Venture Entities) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to own or lease its property and to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification is requiredqualification.

Appears in 3 contracts

Samples: Credit Agreement (Globant S.A.), Credit Agreement (Globant S.A.), Credit Agreement (Medidata Solutions, Inc.)

Organization; Powers. Each of the Borrower Borrowers and its their Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could so would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction juris­diction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Meadowbrook Insurance Group Inc), Credit Agreement (Marcus Corp), Credit Agreement (Kinder Morgan Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite organizational power and authority to carry on its business as now conducted and, and (c) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.)

Organization; Powers. Each of the Borrower and its Significant Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, and (c) except where the failure to do sobe so qualified or in good standing, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Assignment and Assumption (Marathon Petroleum Corp), Assignment and Assumption (Marathon Petroleum Corp), Term Loan Agreement (Marathon Petroleum Corp)

Organization; Powers. Each of the Borrower and its --------------------- Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Peoplepc Inc), Credit Agreement (Psinet Inc), Vestar Associates Corp Iii

Organization; Powers. Each of the Borrower and its Restricted Subsidiaries is duly organized, validly existing and and, where applicable, in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Huntsman Packaging of Canada LLC), Credit Agreement (Huntsman Packaging Corp), Credit Agreement (Huntsman Packaging Corp)

Organization; Powers. Each of the Borrower and its the Restricted Subsidiaries is duly organizedorganized or formed, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or formation, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Insurance Agreement (Cleco Corp), Employment Agreement, Credit Agreement (Cleco Power LLC)

Organization; Powers. Each of the Borrower Borrowers and its their respective Subsidiaries is duly organized, validly existing and and, where applicable, in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and and, where applicable, is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.)

Organization; Powers. Each Borrower is, and each of the Borrower and its Subsidiaries is is, duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, and each such Person has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Dillards Inc), Credit Agreement (Dillards Inc), Credit Agreement (Dillards Inc)

Organization; Powers. Each of the Borrower and its Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could so would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)

Organization; Powers. Each of the Borrower Borrowers and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Global Payments Inc), Term Loan Credit Agreement (Global Payments Inc), Credit Agreement (KKR Financial Corp)

Organization; Powers. Each of the Borrower and its the Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority authority, and has all material governmental licenses, authorizations, consents and approvals necessary, to own its assets and to carry on its business as now conducted andconducted, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Santa Maria Energy Corp), Credit Agreement (Santa Maria Energy Corp), Credit Agreement (Gexa Corp)

Organization; Powers. Each of the The Borrower and its Subsidiaries each Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite corporate, partnership, limited liability company or other applicable organizational power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business inbusiness, and is in good standing instanding, in every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Lease Agreement (Unisource Energy Corp), Credit Agreement (Tucson Electric Power Co), Credit Agreement (Tucson Electric Power Co)

Organization; Powers. Each of the Borrower and its Subsidiaries is (a) duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, (c) is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is requiredrequired of the Borrower or such Subsidiary, as applicable, except where the failure to comply with this clause (c) would not reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Secured Revolving Credit Agreement (Sixth Street Lending Partners), Senior Secured (Sixth Street Lending Partners)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, organized and validly existing and and, except, in each case, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Ami Celebrity Publications, LLC), Revolving Credit Agreement (Ami Celebrity Publications, LLC), Revolving Credit Agreement (American Media Inc)

Organization; Powers. Each of the Borrower and its Material Restricted Subsidiaries is duly organized, validly existing and (to the extent the concept is applicable in such jurisdiction) in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Square, Inc.), Revolving Credit Agreement (Square, Inc.)

Organization; Powers. Each of the Parent Borrower and its the Subsidiaries is duly organized, validly existing and and, where applicable, in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Working Capital Credit Agreement (Pliant Corpororation), Credit Agreement (Pliant Corp), Credit Agreement (Pliant Corp)

Organization; Powers. Each of the Borrower and its the Subsidiaries is duly organized, validly existing and in good standing (to the extent such concept is applicable) under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business inbusiness, and is in good standing in(to the extent such concepts are applicable), in every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Subsidiary Guarantee Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co), Term Loan Agreement (Molson Coors Brewing Co)

Organization; Powers. Each of the Such Borrower and its Subsidiaries is duly organizedformed, validly existing and in good standing under the laws of the jurisdiction of its organizationorganization or formation, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Hicks Thomas O), Credit Agreement (Hicks Thomas O), Credit Agreement (Hicks Thomas O)

Organization; Powers. Each of the Borrower and its Subsidiaries each Significant Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Acxiom Corp), Credit Agreement (M&t Bank Corp), Credit Agreement (M&t Bank Corp)

Organization; Powers. Each of the Borrower and its Subsidiaries each Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Lifetime Brands, Inc), Security Agreement (Lifetime Brands, Inc), Term Credit Agreement (Acxiom Corp)

Organization; Powers. Each of the Borrower and each of its Restricted Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Copper & Gold Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries Group Company is duly organized, validly existing and to the extent applicable in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure failures to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Fastentech Inc), Credit Agreement (Gear & Broach, Inc. C/O FastenTech, Inc.), Credit Agreement (Integrated Energy Technologies Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Teleflex Inc), Credit Agreement (Teleflex Inc), Credit Agreement (Teleflex Inc)

Organization; Powers. Each of the Borrower and its Subsidiaries (other than Immaterial Subsidiaries) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted organization and, except in each of the following cases where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, has all requisite power and authority to carry on its business as now conducted and is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Progress Software Corp /Ma), Credit Agreement (Progress Software Corp /Ma), Credit Agreement (Progress Software Corp /Ma)

Organization; Powers. Each of the Borrower and its Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has all requisite power and authority to carry on its business as now conducted and, and (c) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Collateral Agreement (SPX Corp), Reimbursement Agreement (SPX Corp), SPX Corp

Organization; Powers. Each of the Borrower and its Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Media Corp /De/), Credit Agreement (Liberty Media Corp /De/), Credit Agreement (Liberty Media LLC)

Organization; Powers. Each of the Such Borrower and each of its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Xl Capital LTD), Credit Agreement (Xl Capital LTD), Credit and Reimbursement Agreement (Xl Capital LTD)

Organization; Powers. Each of the The Borrower and its Subsidiaries each Significant Subsidiary is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Credit Agreement (Newmont Mining Corp /De/), Credit Agreement (Newmont Mining Corp /De/), Term Loan Credit Agreement (Newmont Mining Corp /De/)

Organization; Powers. Each of the Borrower and its the Significant Subsidiaries is duly organized, validly existing and in good standing (if applicable) under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, (if applicable) in every jurisdiction where such qualification is required.

Appears in 3 contracts

Samples: Year Credit Agreement (Hp Inc), Assignment and Assumption (Hp Inc), Assignment and Assumption (Hewlett Packard Enterprise Co)

Organization; Powers. Each of the Borrower and its Material Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite corporate, partnership or other requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.

Appears in 2 contracts

Samples: Credit Agreement (Pennzoil Quaker State Co), Credit Agreement (Pennzoil Quaker State Co)

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