Due Incorporation, Etc. The Trust Company is a banking corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and has the corporate power and authority to enter into and perform its obligations under the LLC Agreement and this Agreement.
Due Incorporation, Etc. Borrower is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation.
Due Incorporation, Etc. The Borrower is incorporated under the laws of the state of Nevada and is a corporation duly incorporated and organized and validly subsisting under the laws of the jurisdiction of its incorporation and is duly qualified, registered or licensed in all jurisdictions where such qualification, registration or licensing is required to the extent that it is material. The Borrower has all requisite corporate capacity, power and authority to own, hold under licence or lease its properties, to carry on its business as now conducted and as proposed to be conducted and to otherwise enter into, and carry out the transactions contemplated by this Loan Agreement.
Due Incorporation, Etc. Each of the Borrower and its Subsidiaries that is a corporation is a corporation duly organized, validly existing and in good standing under the laws of the jurisdiction indicated next to such corporation's name on Schedule 4.01(a) and has all requisite corporate powers and all FCC and all other material governmental licenses, authorizations, consents and approvals required to own or lease and operate its properties and to carry on its business as now conducted and as proposed to be conducted and to execute and deliver, and to perform all of its obligations under, the Loan Documents and Other Transaction Documents to which it is or will be a party. Each of the Borrower and each of its Subsidiaries that is a corporation is duly qualified or licensed to do business as a (NY) 27009/512/CA/new.ca.conf.wpd foreign corporation in good standing in all jurisdictions in which it owns or leases assets and property or in which the conduct of its business requires it to so qualify or be licensed, except for such jurisdictions in which the failure to so quality or be licensed would not have a material adverse effect on the business, condition (financial or otherwise), operations, properties or prospects of the Borrower or such Subsidiary, as the case may be. Each of the Borrower's Subsidiaries that is a partnership is a partnership duly organized, validly existing and in good standing under the laws of the jurisdiction under which it is organized and has all requisite power and authority to own or lease and operate its properties and to carry on its business as now conducted and as proposed to be conducted and to execute and deliver, and to perform all of its obligations under, the Loan Documents and Other Transaction Documents to which it is or will be a party. Each of the Borrower's Subsidiaries that is a partnership is duly qualified or licensed to do business and has complied with all fictitious name statutes and other similar laws in all jurisdictions in which it owns or leases assets and property or in which the conduct of its business requires it to so qualify or be licensed or comply, except for such jurisdictions in which the failure to so qualify or be licensed or comply would not have a material adverse effect on the business, condition (financial or otherwise), operations, properties or prospects of such Subsidiary.
Due Incorporation, Etc. The OM Company is a national banking association duly organized, validly existing and in good standing under the laws of the United States, has the requisite power and authority, as the Owner Manager and/or in its individual capacity to the extent expressly provided herein or in the Lessor LLC Agreement, to enter into and perform its obligations under the Lessor LLC Agreement, this Agreement and each of the other Operative Documents to which it is or will be a party.
Due Incorporation, Etc. The Borrower and each Restricted Subsidiary is a corporation duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is incorporated, and has the corporate power and legal authority to own its property and to carry on its business as now being conducted and is duly qualified to transact business as a foreign corporation in every jurisdiction where such qualification is necessary. The Borrower has the corporate power to execute and perform this Agreement, to borrow hereunder and to execute and deliver the Notes, and to do so will not violate its Articles of Incorporation or Bylaws, any law to which it is subject, or any material agreement or instrument to which it is a party.
Due Incorporation, Etc. Each of the Delaware Company and ----------------------- each Delaware Company Subsidiary (as hereinafter defined) is a corporation or other legal entity duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization, with all requisite power and authority to own, operate and lease its properties and to carry on its business as it is now being conducted, except where the failure to be so organized, existing or in good standing or to have such power and authority would not, individually or in the aggregate, have a material adverse effect (as hereinafter defined) on the Delaware Company and its Subsidiaries, taken as a whole.
Due Incorporation, Etc. Each of the Texas Company and ----------------------- each Texas Company Subsidiary (as hereinafter defined) is a corporation or other legal entity duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization, with all requisite power and authority to own, operate and lease its properties and to carry on its business as it is now being conducted, except where the failure to be so organized, existing or in good standing or to have such power and authority would not, individually or in the aggregate, have a material adverse effect (as hereinafter defined) on the Texas Company and its Subsidiaries, taken as a whole.
Due Incorporation, Etc. Phoenix is duly incorporated, validly exists and is in good standing under the Canada Business Corporations Act and has all necessary corporate capacity and power to own and lease its property and assets and to carry on the business now conducted by it.
Due Incorporation, Etc. Sino Pharmaceuticals is duly incorporated, validly existing and in good standing under the laws of British Columbia, Canada, and has all requisite power and authority to execute and deliver this agreement and to perform the obligations to be performed by it hereunder. Neither the execution nor delivery of this agreement nor the performance by Sino Pharmaceuticals hereof will constitute a breach of or default under the governing instruments of Sino Pharmaceuticals or any agreement, instrument, indenture, judgment or decree to which Sino Pharmaceuticals is a party or by which it is bound. Prior to the Closing, all consents and approvals, if any, required to be obtained by Sino Pharmaceuticals for its performance hereunder will have been obtained.
