Common use of Due Organization and Qualification Clause in Contracts

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrower.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrower.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for to the extent that such states as to which any failure so to qualify non-compliance would not have a material reasonably be expected to result in an adverse effect on Borrower’s business.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation the Borrower State and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so to qualify would not have reasonably be expected to cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly formed, organized, and existing and corporation, limited liability company, limited partnership, general partnership, or other legal entity in good standing under the laws of its state of incorporation and qualified standing, qualified, and licensed to do business in, and is in good standing in, any the state in which the conduct of its business incorporation or its ownership of Property requires that it formation and in any other state where the failure to be so licensed or qualified could reasonably be expected to have a Material Adverse Change to the business, operations, conditions (financial or in which otherwise), or finances of Borrower, or on the value of the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on BorrowerLender.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states other than California and Delaware as to which any failure so to qualify would not reasonably be expected to have a material adverse effect on BorrowerBorrower or any of the Collateral.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify other than Texas and Delaware where non-compliance would not reasonably be expected to have a material adverse effect Material Adverse Effect on BorrowerBorrower or any of the Collateral.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state the State of incorporation Delaware and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as to which any the extent that the failure to be so qualified could not reasonably be expected to qualify would not have a material adverse effect on Borrower’s business.

Due Organization and Qualification. Borrower is a ---------------------------------- corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation duly formed, organized, and existing and corporation, limited liability company, limited partnership, general partnership, or other legal entity in good standing under the laws of its state of incorporation and qualified standing, qualified, and licensed to do business in, and is in good standing in, any the state in which the conduct of its business incorporation or its ownership of Property requires that it formation and in any other state where the failure to be so licensed or qualified could reasonably be expected to have a Material Adverse Change to the business, operations, conditions (financial or in which otherwise), finances or prospects of Borrower, or on the value of the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on BorrowerLender.

Due Organization and Qualification. Such Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it failure to be so qualified or would result in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation Delaware and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified except where the failure to be so qualified or in which the Collateral is located, except for such states as licensed could not reasonably be expected to which any failure so to qualify would not have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation ---------------------------------- duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so could not reasonably be expected to qualify would not have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its the state of incorporation in which it is organized and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so to qualify would not have reasonably be expected to cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrower.

Due Organization and Qualification. Borrower is a corporation an entity, duly existing and in good standing under the laws of its state of incorporation the jurisdiction in which it is organized and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any United States domestic state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as other than Massachusetts and Delaware, where the failure to which any failure do so to qualify would not reasonably be expected to have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation ---------------------------------- duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrower.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrower.which

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so to qualify would not reasonably be expected to have a material adverse effect Material Adverse Effect on Borrower’s business.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as located and where the failure to which any failure be so qualified could reasonably be expected to qualify would not have a material an adverse effect on the Borrower.

Due Organization and Qualification. Borrower is a corporation an entity duly existing and in good standing under the laws of its the state of incorporation in which it is organized and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is locatedbusiness, except for such states as where the failure to which any failure do so to qualify would not have reasonably be expected to cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as where the failure to which any failure do so to qualify would not have a material an adverse effect on Borrower.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and is qualified and or licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not reasonably be expected to have a material adverse effect on Borrower's ability to perform its obligations under this Agreement (a "Material Adverse Effect").

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not reasonably be expected to have a material adverse effect on Borrower's ability to perform its obligations under this Agreement.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified, except where the failure to be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify licensed would not have a material adverse effect on the business, properties or financial condition of Borrower.

Due Organization and Qualification. Borrower is a corporation duly organized and validly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which (i) the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure to so to qualify would not have a material adverse effect on Borrower, and (ii) a Financed Equipment Location is located.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state jurisdiction of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so could not reasonably be expected to qualify would not have cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it failure to be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not could have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify other than Massachusetts and Delaware where non-compliance would not reasonably be expected to have a material adverse effect on BorrowerBorrower or any of the Collateral.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify other than Texas and Delaware where non-compliance would not reasonably be expected to have a material adverse effect Material Adverse Effect on BorrowerBorrower or any of the Collateral.

Due Organization and Qualification. Borrower is a corporation ---------------------------------- limited liability company duly existing organized, validly existing, and in good standing under the laws of its the state of incorporation its formation as set forth in the heading of this Loan Agreement and is qualified and licensed to do transact business in, and is in good standing in, any in the state in which the Project is located and in each other jurisdiction where the failure to be so qualified and to be in good standing would adversely affect the conduct of its business or its ownership the validity of, the enforceability of, or the ability of Property requires that it be so qualified or in which Borrower to perform, the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on BorrowerObligations.

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for to the extent that such states as to which any failure so to qualify non-compliance would not have a material reasonably be expected to result in an adverse effect on Borrower.’s business. 5.2

Due Organization and Qualification. Borrower is a corporation duly formed, existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify other than California and Delaware where non-compliance would not reasonably be expected to have a material adverse effect on BorrowerBorrower or any of the Collateral.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so to qualify would not have reasonably be expected to cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Except as disclosed on the Schedule, such Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and is qualified and or licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified, exclusive of any such state in which its failure to be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify licensed would not have constitute a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Each Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its the state of incorporation in which it is incorporated and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so to qualify would not have reasonably be expected to cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do 13 -13- business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation an entity duly existing and in good standing under the laws of its state of incorporation the jurisdiction in which it is organized and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so could not reasonably be expected to qualify would not have cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation organization and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedlocated and the failure to be so qualified, except for such states as to which any failure so to qualify licensed and in good standing would not have a material or substantial adverse effect on Borrowereffect.

Due Organization and Qualification. Such Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as to which any failure so to qualify would not have a material adverse effect Material Adverse Effect on such Borrower.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation the province in which it is incorporated and qualified and licensed to do business in, and is in good standing in, any state province in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is locatedqualified, except for such states as where the failure to which any failure do so to qualify would not have reasonably be expected to cause a material adverse effect on BorrowerMaterial Adverse Effect.

Due Organization and Qualification. Borrower is a corporation corporation, duly existing and in good standing under the laws of its state of incorporation organization and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.

Due Organization and Qualification. Borrower is a corporation duly existing and in corporate good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrower.

Due Organization and Qualification. Borrower is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of Property property requires that it be so qualified or in which the Collateral is located, except for such states as to which any failure so to qualify would not have a material adverse effect on Borrowerqualified.