Common use of Incorporation; Good Standing Clause in Contracts

Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 16 contracts

Samples: Assignment and Assumption (CAI International, Inc.), Revolving Credit Agreement (Yankee Candle Co Inc), Revolving Credit Agreement (Anacomp Inc)

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Incorporation; Good Standing. Each of the Borrower Borrowers and its each of their Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc)

Incorporation; Good Standing. Each of the Such Borrower and its Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)

Incorporation; Good Standing. Each of the Borrower and its Subsidiaries Borrowers (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Iesi Corp), Revolving Credit and Term Loan Agreement (Iesi Tx Corp)

Incorporation; Good Standing. Each of the Borrower Borrowers and its their Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mayors Jewelers Inc/De), Mayors Jewelers Inc/De

Incorporation; Good Standing. Each of the Borrower Borrowers and its Restricted Subsidiaries (a) is a corporation (corporation, partnership or similar business entity) limited liability company duly organized, validly existing and in good standing under the laws of its jurisdiction state or country of incorporation or formation, (b) has all requisite corporate (or the equivalent company) other power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc), Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and and, if applicable in the jurisdiction of incorporation or organization, in good standing under the laws of its jurisdiction state or country of incorporation or formation, (b) has all requisite corporate (or the equivalent company) similar power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effectmaterially adverse effect on the business, assets or financial condition of the Borrower or such Subsidiary.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Anacomp Inc), Revolving Credit Agreement (Anacomp Inc)

Incorporation; Good Standing. Each of the The Borrower and each of its Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Assignment and Assumption (Barnes Group Inc), And Term Loan Agreement (Il Fornaio America Corp)

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Incorporation; Good Standing. Each of the Borrower and its each of their ---------------------------- Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (a) is a corporation (corporation, limited liability company or similar business entity) limited partnership duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent partnership or company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business as a foreign corporation, limited liability company or limited partnership in each jurisdiction where such qualification is necessary (except where a failure to be in good standing or to be so qualified would not have a Material Adverse Effect).

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

Incorporation; Good Standing. Each of the Borrower Borrowers and its their Subsidiaries (a) is a corporation (or similar other business entity) duly organized, organized and validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar other business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)

Incorporation; Good Standing. Each of the Borrower and its Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation, (b) has all requisite corporate (or the equivalent company) power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Peregrine Systems Inc)

Incorporation; Good Standing. Each of the Borrower Borrowers and its Subsidiaries (a) is a corporation (or similar business entity) duly organized, validly existing and in good standing under the laws of its jurisdiction state or country of incorporation or formation, (b) has all requisite corporate (or the equivalent company) similar power to own its property and conduct its business as now conducted and as presently contemplated, and (c) is in good standing as a foreign corporation (or similar business entity) and is duly authorized to do business in each jurisdiction where such qualification is necessary except where a failure to be so qualified would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Holmes Products Corp)

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