Common use of Powers, etc Clause in Contracts

Powers, etc. The Borrower and each of the Guarantors (a) has the power and authority to carry on its business as now conducted and to own or hold under lease the assets and properties it purports to own or hold under lease; (b) is duly qualified, licensed or registered to transact its business and is in good standing in every jurisdiction in which failure to be so qualified, licensed or registered could have a Material Adverse Effect; (c) has the power and authority to execute and deliver this Agreement and each of the other Loan Instruments to which it is or will be a party and to perform all of its obligations hereunder and thereunder; and (d) conducts its business under the names (and only the names) set forth in Schedule 4.1(b) hereto; and (e) is qualified to do business in each of the states listed on Schedule 4.1(b).

Powers, etc. The Borrower and each of the Guarantors (a) has the power and authority to carry on its business as now conducted and to own or hold under lease the assets and properties it purports to own or hold under lease; (b) is duly qualified, licensed or registered to transact its business and is in good standing in every jurisdiction in which failure to be so qualified, licensed or registered could have a Material Adverse Effect; (c) has the power and authority to execute and deliver this Agreement and each of the other Loan Instruments to which it is or will be a party and to perform all of its obligations hereunder and thereunder; and (d) conducts its business under the names (and only the names) set forth in Schedule 4.1(bSCHEDULE 4.1(B) hereto; and (e) is qualified to do business in each of the states listed on Schedule SCHEDULE 4.1(b).