Common use of Operation of Business Clause in Contracts

Operation of Business. Borrower and each Guarantor possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, and as presently proposed to be conducted, with such exceptions as have not had and would not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)

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Operation of Business. The Borrower and each Guarantor of the Significant Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, and as presently proposed to be conducted, with such exceptions as have not had and would not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Assignment Agreement (U S Home Corp /De/)

Operation of Business. Each of Borrower and each Guarantor possess possesses all material licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses substantially business as now conducted, conducted and as presently proposed to be conductedconducted and to Borrower's best knowledge, none of Borrower nor any of the Guarantors is in violation of any valid rights of others with such exceptions as have not had and would not reasonably be expected respect to have a Material Adverse Effectany of the foregoing.

Appears in 5 contracts

Samples: Credit Agreement (Disc Graphics Inc /De/), Credit Agreement (Disc Graphics Inc /De/), Credit Agreement (Disc Graphics Inc /De/)

Operation of Business. Borrower The Borrower, each Subsidiary and each Guarantor possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, conducted and the Borrower and each of its Subsidiaries and each Guarantor are not in violation of any valid rights of others with such exceptions as have not had and would not reasonably be expected respect to have a Material Adverse Effectany of the foregoing.

Appears in 4 contracts

Samples: Assignment Agreement, Assignment Agreement (Beazer Homes Usa Inc), Assignment Agreement (Beazer Homes Usa Inc)

Operation of Business. Borrower Borrowers and each Guarantor possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights Rights thereto, reasonably necessary to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have not had and conducted except where the failure to so possess would not reasonably be expected to have individually or in the aggregate, result in a Material Adverse Effect, and the Borrowers and Guarantor are not in violation of any valid Rights of others which violation may cause a Material Adverse Effect with respect to any of the foregoing.

Appears in 3 contracts

Samples: Credit Agreement (Gateway Energy Corp/Ne), Credit Agreement (Gateway Energy Corp/Ne), Credit Agreement (Gateway Energy Corp/Ne)

Operation of Business. Borrower The Borrower, the Guarantor and each Guarantor possess Affiliate possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses the business substantially as now conducted, conducted and as presently proposed to be conducted, and neither the Borrower, the Guarantor nor any Affiliate is in violation of any valid rights of others with such exceptions as have not had and would not reasonably be expected respect to have a Material Adverse Effectany of the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (Winstar Communications Inc), Loan Agreement (Cellularvision Usa Inc)

Operation of Business. The Borrower and each Guarantor the Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have not had and conducted except where the failure to obtain any of the foregoing would not reasonably be expected to have result in a Material Adverse Effectmaterial adverse effect upon the operations, business, properties, or financial condition of the Borrower or any Operating Company or of the Borrower and the Guarantors, taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (United Capital Corp /De/), Security Agreement (United Capital Corp /De/)

Operation of Business. Borrower and each Guarantor possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, and neither Borrower nor Guarantor is in violation of any valid rights of others with such exceptions as have not had and would not reasonably be expected respect to have a Material Adverse Effectany of the forgoing.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (International Shipholding Corp)

Operation of Business. Borrower and each Guarantor its Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, required by law to conduct their respective businesses business substantially as now conducted, conducted and as presently proposed to be conducted, and Borrower is not in violation of any applicable laws or regulations, or valid rights of others, with such exceptions as have not had and would not reasonably be expected respect to have a Material Adverse Effectany of the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (TBS International LTD), Loan Agreement (TBS International LTD)

Operation of Business. Borrower and each Guarantor Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade namestradenames, or rights thereto, necessary to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have not had and conducted except those that the failure to so possess would not reasonably be expected to have a Material Adverse Effect and neither Borrower nor any Guarantor is in violation of any valid rights of others with respect to any of the foregoing except violations that could not reasonably be expected to have such a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Fitlife Brands, Inc.), Credit Agreement (Fitlife Brands, Inc.)

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Operation of Business. The Borrower and each Guarantor its Subsidiaries and the Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have not had and except where the failure to do so would not reasonably be expected to not, in any case, have a Material Adverse Effectmaterial adverse effect upon the operations, business, property or financial condition of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower or any Guarantor to perform its obligations hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Schein Henry Inc)

Operation of Business. The Borrower and each Guarantor the Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have not had and conducted except where the failure to obtain any of the foregoing would not reasonably be expected to have result in a Material Adverse Effectmaterial adverse effect upon the operations, business, properties, or financial condition of the Borrower, or of the Borrower and the Operating Companies, taken as a whole, or of the Borrower and the Guarantors, taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (United Capital Corp /De/)

Operation of Business. The Borrower and each Guarantor the Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have not had and would conducted except where the failure to do so could not reasonably be expected to have cause a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Standard Funding Corp)

Operation of Business. The Borrower and each Guarantor possess possesses all licenses, permits, franchises, patents, copyrights, trademarks, trademarks and trade names, or rights thereto, to conduct their respective businesses its business substantially as now conducted, conducted and as presently proposed to be conducted, with such exceptions as have except where failure to so possess could not had and would not reasonably be expected to have result in a Material Adverse EffectChange, and none of the Borrower or any Guarantor is in violation of any valid rights of others with respect to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Boundless Corp)

Operation of Business. The Borrower and each Guarantor of the Significant Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, and as presently proposed to be conducted, with such exceptions as have not had and would not reasonably be expected to have a Material Adverse EffectEffect.6.16.

Appears in 1 contract

Samples: Credit Agreement (U S Home Corp /De/)

Operation of Business. The Borrower and each Guarantor of the Significant Guarantors possess all licenses, permits, franchises, patents, copyrights, trademarks, and trade names, or rights thereto, to conduct their respective businesses substantially as now conducted, and as presently proposed to be conducted, with such exceptions as have not had and would not reasonably be expected to have a Material Adverse Effect.77

Appears in 1 contract

Samples: Credit Agreement (U S Home Corp /De/)

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