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

Due Incorporation, Qualification, etc. Each of the Company 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 3 contracts

Samples: Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.)

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Due Incorporation, Qualification, etc. Each of the The Company and each of its Subsidiaries (i) is a corporation duly organizedincorporated, validly existing and in good standing under the laws of the jurisdiction of its state of incorporationformation; (ii) has the requisite corporate power and authority to own, lease own and operate its assets and properties and carry on its business as now conducted; and (iii) is duly qualified, licensed qualified 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 3 contracts

Samples: Note Purchase Agreement (Sagent Technology Inc), Note and Warrant Purchase Agreement (Sagent Technology Inc), Note Purchase Agreement (Group 1 Software Inc)

Due Incorporation, Qualification, etc. Each of the Company 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 2 contracts

Samples: Note Agreement (Polycom Inc), Security Agreement (Digital Lightwave Inc)

Due Incorporation, Qualification, etc. Each of the The Company and its Subsidiaries is (i) is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation; and (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 Effectmaterial adverse effect on the Company and its subsidiaries taken as a whole.

Appears in 1 contract

Samples: Note Purchase Agreement (Msi Holdings Inc/)

Due Incorporation, Qualification, etc. Each of the The Company and its Subsidiaries is (i) is a corporation duly organized, validly existing and in good standing under the laws of its state jurisdiction of incorporation; and (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 would have a Material Adverse Effectmaterial adverse effect on the Company and its subsidiaries, if any, taken as a whole.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (U S Wireless Corp)

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Due Incorporation, Qualification, etc. Each of the Company and its Subsidiaries Subsidiary (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: Note and Warrant Purchase Agreement (3do Co)

Due Incorporation, Qualification, etc. Each of the The Company and its Subsidiaries (i) is a corporation are corporations duly organized, validly existing and in good standing under the laws of its state their respective jurisdictions of incorporation; , (ii) has have the power and authority to own, lease and operate its properties own their property and carry on its business their businesses as now being conducted; , and (iii) is are duly qualified, licensed to do business qualified and in good standing as a foreign corporation corporations in each jurisdiction where the failure to be so qualified or licensed could reasonably be expected to qualify would have a Material Adverse Effectmaterial adverse effect on their operations or condition (financial or otherwise).

Appears in 1 contract

Samples: Credit Agreement and Note (Datron Systems Inc/De)

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