Due Organization and Qualification. Borrower and each Subsidiary 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.
Appears in 74 contracts
Sources: Loan and Security Agreement (Focus Enhancements Inc), Master Credit Agreement (Domark International Inc.), Loan and Security Agreement (Silknet Software Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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.
Appears in 61 contracts
Sources: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Backblaze, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified, except where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.
Appears in 42 contracts
Sources: Loan and Security Agreement (Thayer Ventures Acquisition Corp), Loan and Security Agreement (On24 Inc.), Loan and Security Agreement (Warby Parker Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.
Appears in 27 contracts
Sources: Loan Agreement, Loan and Security Agreement (Diamond Eagle Acquisition Corp. \ DE), Loan and Security Agreement (TheRealReal, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.
Appears in 24 contracts
Sources: Loan and Security Agreement (On24 Inc), Loan and Security Agreement, Loan and Security Agreement (Applied Optoelectronics, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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, except for states as to which any failure to so qualify would not have a Material Adverse Effect.
Appears in 16 contracts
Sources: Loan and Security Agreement (Odetics Inc), Loan and Security Agreement (Invision Technologies Inc), Loan and Security Agreement (At Home Corp)
Due Organization and Qualification. Each Borrower and each Subsidiary 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.
Appears in 15 contracts
Sources: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (IBEX LTD)
Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- 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.
Appears in 8 contracts
Sources: Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Quicklogic Corporation), Loan Agreement (Ultradata Corp)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.
Appears in 7 contracts
Sources: Loan and Security Agreement (Auxilium Pharmaceuticals Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Vastera Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to be so qualified or licensed could not reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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, except to the extent that failure to so qualify would not have a Material Adverse Effect on the Borrower.
Appears in 4 contracts
Sources: Loan and Security Agreement (Heartport Inc), Loan and Security Agreement (Heartport Inc), Loan and Security Agreement (Cygnus Inc /De/)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Annual Report, Annual Report, Loan and Security Agreement (Harmonic Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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.
Appears in 4 contracts
Sources: Loan and Security Agreement (Natural Microsystems Corp), Loan and Security Agreement (Astea International Inc), Loan and Security Agreement (Silicon Gaming Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where failure to so qualify would not have a Material Adverse Effect.
Appears in 4 contracts
Sources: Loan and Security Agreement (Nvidia Corp/Ca), Loan and Security Agreement (Uol Publishing Inc), Loan and Security Agreement (Women Com Networks Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified except where the failure to do so could not reasonably be expected to have a material adverse effect on Borrower’s business.
Appears in 4 contracts
Sources: Loan and Security Agreement (EverQuote, Inc.), Loan and Security Agreement, Loan and Security Agreement (EverQuote, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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.to
Appears in 4 contracts
Sources: Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), Loan Modification Agreement (Imanage Inc)
Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- 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, except for states as to which any failure to so qualify would not have a Material Adverse Effect.
Appears in 4 contracts
Sources: Loan and Security Agreement (Snowball Com Inc), Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp)
Due Organization and Qualification. Each Borrower and each Subsidiary 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 qualifiedqualified and where failure to so qualify could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state jurisdiction of incorporation organization and qualified and licensed to do business in, and is in good standing in, any state other jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualifiedqualified and where the failure to be so qualified would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.)
Due Organization and Qualification. Each of Borrower and each Subsidiary 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.
Appears in 3 contracts
Sources: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.
Appears in 3 contracts
Sources: Loan and Security Agreement (Proxim Wireless Corp), Loan and Security Agreement (Asyst Technologies Inc /Ca/), Loan and Security Agreement (Asyst Technologies Inc /Ca/)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of the jurisdiction of its state of incorporation organization and qualified and licensed to do business in, and is in good standing in, any state jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 3 contracts
Sources: Convertible Loan and Security Agreement (Vuzix Corp), Convertible Loan and Security Agreement (Lc Capital Master Fund LTD), Convertible Loan and Security Agreement (Vuzix Corp)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified or in which the failure of Borrower or any of its Subsidiaries to be so qualified could reasonably be expected to have a material adverse effect.
Appears in 3 contracts
Sources: Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Miva, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified.
Appears in 3 contracts
Sources: Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (Vuzix Corp)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified and where the failure to so qualify could result in a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (Verity Inc \De\)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of the jurisdiction of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 2 contracts
Sources: Subordination Agreement (Zindart LTD), Subordination Agreement (Intervisual Books Inc /Ca)
Due Organization and Qualification. Each of Borrower and each Subsidiary 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.
Appears in 2 contracts
Sources: Loan and Security Agreement (Vans Inc), Loan and Security Agreement (Vans Inc)
Due Organization and Qualification. Each Borrower and each Subsidiary 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 requires that it be so qualified, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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 inin Texas, and in any other state in which the conduct of its business or its ownership of property requires that it be so qualifiedqualified where the failure to so qualify would result in a Material Adverse Effect.
Appears in 2 contracts
Sources: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Senior Subordinated Loan and Security Agreement (Objectspace Inc)
Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- 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.
Appears in 2 contracts
Sources: Loan Agreement (Logicvision Inc), Loan and Security Agreement (Loudeye Technologies Inc)
Due Organization and Qualification. Each Borrower and each Subsidiary 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 qualifiedqualified in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Bridgeline Digital, Inc.), Loan and Security Agreement (Focus Enhancements Inc)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation an organization duly existing and in good standing under the laws of its state jurisdiction 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 requires that it be so qualified, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation or limited liability company, as applicable, duly existing and in good standing under the laws of its state of incorporation or formation, as applicable, 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 qualifiedqualified and failure to be so qualified could reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified except where the failure to be so qualified would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Versata Inc), Loan and Security Agreement (Tegal Corp /De/)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to so qualify or be licensed would not result in a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Usa Technologies Inc), Loan and Security Agreement (Usa Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state jurisdiction of incorporation organization and qualified and licensed to do business in, and is in good standing in, any state other jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 2 contracts
Sources: Loan and Security Agreement (Ammo, Inc.), Loan and Security Agreement (6d Bytes Inc.)
Due Organization and Qualification. Borrower and each Subsidiary 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., except where a failure to be so qualified could not have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified or licensed would have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Scientific Learning Corp), Loan Agreement (Scientific Learning Corp)
Due Organization and Qualification. Borrower and each Subsidiary 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 failure to so qualifiedqualify would have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Resound Corp), Loan and Security Agreement (Stericycle Inc)
Due Organization and Qualification. Each Borrower and each Subsidiary 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, except where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Inphonic Inc), Loan and Security Agreement (Inphonic Inc)
Due Organization and Qualification. Borrower and each ---------------------------------- Subsidiary 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.
Appears in 2 contracts
Sources: Loan and Security Agreement (Onsale Inc), Loan and Security Agreement (Thermatrix Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to be so qualified or licensed could not be expected to result in a Material Adverse Effect on Borrower.
Appears in 2 contracts
Sources: Loan and Security Agreement (Starbase Corp), Loan and Security Agreement (Borland Software Corp)
Due Organization and Qualification. Borrower and each Subsidiary 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 failure to do so qualifiedwould have a Material Adverse Effect. The Borrower has no Subsidiaries.
Appears in 2 contracts
Sources: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where a failure to be so qualified would not have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Versatility Inc), Loan and Security Agreement (Versatility Inc)
Due Organization and Qualification. Except as disclosed on the Schedule, Borrower and each Subsidiary is a corporation or other organization duly existing and in good standing under the laws of its state of incorporation formation 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.
Appears in 2 contracts
Sources: Loan Agreement (Clarient, Inc), Loan Agreement (Safeguard Scientifics Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified.
Appears in 2 contracts
Sources: Loan Agreement (Fifth Street Senior Floating Rate Corp.), Loan and Security Agreement (CION Investment Corp)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state or province of incorporation and qualified and licensed to do business in, and is in good standing in, any state jurisdiction in which the conduct of its business or its ownership of property requires that it failure to be so qualifiedqualified or licensed could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Novatel Wireless Inc), Loan and Security Agreement (Novatel Wireless Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to be so qualified could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Verso Technologies Inc), Asset Purchase Agreement (Verso Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation or company duly existing and in good standing under the laws of its state or jurisdiction of incorporation or formation and qualified and licensed to do business in: (a) its state or jurisdiction of incorporation and the state where its chief executive office is located, and is in good standing in, (b) any other state or jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified, except, in the case of such other states and jurisdictions, where the failure to do so could not reasonably be expected to cause a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)
Due Organization and Qualification. Borrower and each Subsidiary (if applicable) 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.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to be so qualified would not have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan Agreement (Advanced Technology Materials Inc /De/)
Due Organization and Qualification. Borrower and each Subsidiary 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, Texas and any other state in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Sources: Loan and Security Agreement (Mission Critical Software Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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, except for states as to which any failure so to qualify could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its the state of incorporation its organization, and is 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, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Orasure Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary of 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, except for any failure to so qualify or be licensed or be in such good standing which is not reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Mobius Management Systems Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified (except for states as to which any failure so to qualify would not have a Material Adverse Effect).
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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, other than in such states where the failure to do so would not have a material adverse effect on the Borrower and each Subsidiary.
Appears in 1 contract
Sources: Loan and Security Agreement (Pacific Biometrics Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified except where the failure to be so qualified and licensed will not have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 failure to do so qualifiedwould have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state or jurisdiction of incorporation and qualified and licensed to do business in, and is in good standing in, any state or jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- 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 qualifiedqualified and where failure to qualify would have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Sources: Loan Agreement (TechTarget Inc)
Due Organization and Qualification. Each Borrower and each Subsidiary 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 failure to so qualifiedqualify could have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation an entity duly existing and in good standing under the laws of its country or state of incorporation formation and qualified and licensed to do business in, and is in good standing in, any country or state in which the conduct of its business or its ownership of property requires that it be so qualified, except for those countries or states where such failure to qualify would not have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Maxwell Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified or licensed could be reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Such Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state or jurisdiction of incorporation organization and qualified and licensed to do business in, and is in good standing in, any state or country in which the conduct of its business or its ownership of property requires that it be so qualified, except for states or countries as which any failure to so qualify would not have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan Agreement (Cymer Inc)
Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- 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 qualifiedqualified could be reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary ---------------------------------- 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, except where failure to so qualify would not have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its the state of incorporation in which it is incorporated and each is 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 qualifiedqualified and where the failure to be qualified could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly duty 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.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a ---------------------------------- corporation duly existing and in corporate good standing under the laws of its state or country of incorporation and qualified and licensed to do business in, and is in good corporate standing in, any state or country in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation are corporations duly existing and in good standing under the laws of its state their respective states of incorporation and are qualified and licensed to do business in, and is are in good standing in, any state in which the conduct of its business their businesses or its their ownership of property requires that it they be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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.
Appears in 1 contract
Due Organization and Qualification. Each Borrower and each Subsidiary is a corporation corporation, limited liability company or limited partnership 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.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified except for states as to which any failure so to qualify would not have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Nuko Information Systems Inc /Ca/)
Due Organization and Qualification. Borrower and each Subsidiary 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 state.. in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified and the failure to do so could result in a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Copper Mountain Networks Inc)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state jurisdiction of incorporation or formation 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.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified except where the failure to qualify would not have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified and licensed would have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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, the failure of which to qualify is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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.
Appears in 1 contract
Sources: Loan and Security Agreement (Egain Communications Corp)
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified, except where the failure to do so would not have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified and where failure to so qualify, could have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Each Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state jurisdiction 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 requires that it be so qualified.. No Borrower has any Subsidiaries except as set forth on Schedule A.
Appears in 1 contract
Sources: Loan Agreement (Moldflow Corp)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly 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 the conduct of its business or its ownership of property requires that it be so qualified, except for states as to which any failure to so qualify would not have a Material Adverse Effect, Borrower and each Subsidiary have the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 qualifiedqualified could reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Headway Technologies Inc)
Due Organization and Qualification. Borrower and each Subsidiary is a corporation company, duly existing and in good standing under the laws of its state jurisdiction of incorporation or formation, as applicable, and qualified and licensed to do business in, and is in good standing in, any state jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each ------------------------------------- Subsidiary 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 requires that it be so qualified, except where the failure to so qualify would not reasonably be expected to cause a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Citadel Security Software Inc)
Due Organization and Qualification. Borrower and each Subsidiary 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, except where the failure to be so qualified could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state or country 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.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Each Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of the jurisdiction of its state of incorporation incorporation, and is qualified and licensed to do business in, and is in good standing in, any state each jurisdiction in which the conduct of its business or its ownership of property requires that it be so qualified.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary of 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, except for states as to which failure to so qualify would not have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Such Borrower and each Subsidiary of 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 be so qualified, except where a failure to be so qualified could not have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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 required that it be so qualifiedqualified except where the failure to be so qualified would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower and each Subsidiary 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, except for states as to which failure to so qualify would not have a Material Adverse Effect.
Appears in 1 contract