Common use of Due Incorporation, Qualification, etc Clause in Contracts

Due Incorporation, Qualification, etc. Each of Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Loan and Security Agreement (FaceBank Group, Inc.), Loan and Security Agreement (Aquantia Corp), Loan and Security Agreement (Aquantia Corp)

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Due Incorporation, Qualification, etc. Each of Borrower and its Subsidiaries (i) is a corporation registered organization duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporationincorporation or formation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation registered organization in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)

Due Incorporation, Qualification, etc. Each of Borrower and its Borrower's Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could is reasonably be expected likely to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Lam Research Corp), Credit Agreement (Lam Research Corp)

Due Incorporation, Qualification, etc. Each of Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to might have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Bell Microproducts Inc), Credit Agreement (Bell Microproducts Inc), Credit Agreement (Bell Microproducts Inc)

Due Incorporation, Qualification, etc. Each of Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and and, in any jurisdiction in which such legal concept is applicable, in good standing under the laws of its state jurisdiction of incorporation; organization, (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; conducted and (iii) is duly qualified, qualified and licensed to do business and in good standing as a foreign corporation or branch in each jurisdiction where the failure to be so qualified or licensed could is reasonably be expected and substantially likely (alone or in the aggregate) to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Flextronics International LTD), Credit Agreement (Flextronics International LTD), Credit Agreement (Flextronics International LTD)

Due Incorporation, Qualification, etc. Each of Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Equipment Loan and Security Agreement (Intermix Media, Inc.), Loan and Security Agreement (Reliant Technologies Inc)

Due Incorporation, Qualification, etc. Each of Borrower and its ------------------------------------- Borrower's Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporationorganization; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could is reasonably be expected likely to have a Material Adverse Effect.

Appears in 2 contracts

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

Due Incorporation, Qualification, etc. Each of Borrower and its Borrower's Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could is reasonably be expected likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)

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Due Incorporation, Qualification, etc. Each of Borrower and its -------------------------------------- Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Loudeye Technologies Inc)

Due Incorporation, Qualification, etc. Each of such Borrower and its Subsidiaries (i) is a corporation or limited liability company duly organized, validly existing and in good standing under the laws of its state of incorporationincorporation or formation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conductedconducted and as contemplated in the Business Plan; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation or limited liability company in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Chadmoore Wireless Group Inc)

Due Incorporation, Qualification, etc. Each of Borrower and its Borrower’s Material Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporationorganization; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could is reasonably be expected likely to have a Material Adverse Effect.. (b)

Appears in 1 contract

Samples: Credit Agreement (Adobe Systems Inc)

Due Incorporation, Qualification, etc. Each of Such Borrower and its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state of incorporation; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Mascoma Corp)

Due Incorporation, Qualification, etc. Each of Borrower and its -------------------------------------- Borrower's Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporationorganization; (ii) has the power and authority to own, lease and operate its properties and carry on its business as now conducted; and (iii) is duly qualified, licensed to do business and in good standing as a foreign corporation in each jurisdiction where the failure to be so qualified or licensed could is reasonably be expected likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Acuson Corp)

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