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 requires that it be so qualified or in which the Collateral is located, except to the extent that such non-compliance would not reasonably be expected to result in an adverse effect on Borrower’s business.
Appears in 6 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)
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 requires that it be so qualified or in which the Collateral is located, except to the extent that such non-compliance would not reasonably be expected to result in an adverse effect on Borrower’s business.
Appears in 5 contracts
Sources: Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Due Organization and Qualification. Borrower is a corporation duly formed, 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 or in which the Collateral is locatedqualified, except where the failure to the extent that such non-compliance do so would not reasonably be expected to result in an adverse effect on Borrower’s businesscause a Material Adverse Effect.
Appears in 5 contracts
Sources: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)
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 or in which the Collateral is located, except to the extent that such non-compliance would not could reasonably be expected to result in an adverse effect have a Material Adverse Change to the business, operations, conditions (financial or otherwise), or finances of Borrower, or on Borrower’s businessthe value of the Collateral to Lender.
Appears in 4 contracts
Sources: Loan and Security Agreement (DecisionPoint Systems, Inc.), Loan and Security Agreement (Visualant Inc), Loan and Security Agreement (Andalay Solar, Inc.)
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 requires that it be so qualified or in which the Collateral is located, except to the extent that such states other than Texas and Delaware where non-compliance would not reasonably be expected to result in an adverse effect have a Material Adverse Effect on Borrower’s businessBorrower or any of the Collateral.
Appears in 3 contracts
Sources: Loan Agreement (Kior Inc), Loan and Security Agreement (Kior Inc), Loan and Security Agreement (Kior Inc)
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 or in which the Collateral is located, except to the extent that such non-compliance would not could reasonably be expected to result in an adverse effect have a Material Adverse Change to the business, operations, conditions (financial or otherwise), finances or prospects of Borrower, or on Borrower’s businessthe value of the Collateral to Lender.
Appears in 3 contracts
Sources: Loan and Security Agreement (Vertical Branding, Inc.), Loan and Security Agreement (Orange 21 Inc.), Loan and Security Agreement (Mendocino Brewing Co Inc)
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 requires that it be so qualified or in which the Collateral is located, except for states other than California and Delaware as to the extent that such non-compliance which any failure so to qualify would not reasonably be expected to result in an have a material adverse effect on Borrower’s businessBorrower or any of the Collateral.
Appears in 3 contracts
Sources: Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc)
Due Organization and Qualification. Borrower is a corporation duly formed, 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 locatedqualified, except where the failure to the extent that such non-compliance do so would not reasonably be expected to result in an adverse effect on Borrower’s businesscause a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Anthera Pharmaceuticals Inc), Loan and Security Agreement (Ligand Pharmaceuticals Inc)
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 requires that it be so qualified or in which the Collateral is located, except to the extent that such non-compliance would not reasonably be expected to result in an adverse effect on Borrower’s business.
Appears in 2 contracts
Sources: Loan and Security Agreement (Gevo, Inc.), Loan and Security Agreement (AtriCure, Inc.)
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 requires that it be so qualified or in which the Collateral is located, except states other than Massachusetts and Delaware, where the failure to the extent that such non-compliance do so would not reasonably be expected to result in an adverse effect on Borrower’s businesshave a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Cerulean Pharma Inc.), Loan and Security Agreement (Cerulean Pharma Inc.)
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 requires that it be so qualified or in which the Collateral is located, except to the extent that such states other than Texas and Delaware where non-compliance would not reasonably be expected to result in an adverse effect have a Material Adverse Effect on Borrower’s businessBorrower or any of the Collateral.
Appears in 1 contract
Due Organization and Qualification. Borrower is a corporation duly formed, 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 Property requires that it be so qualified or in which the Collateral is located, except for such states as to the extent that such non-compliance which any failure to so qualify would not reasonably be expected to result in an have a material adverse effect on Borrower’s business, and (ii) a Financed Equipment Location is located.
Appears in 1 contract
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 requires that it be so qualified or in which the Collateral is locatedqualified, except where the failure to the extent that such non-compliance do so would not reasonably be expected to result in an adverse effect have a Material Adverse Effect on Borrower’s business.
Appears in 1 contract
Due Organization and Qualification. Borrower and each ---------------------------------- 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 requires that it be so qualified or in which the Collateral is located, except to the extent that such non-compliance would not reasonably be expected to result in an adverse effect on Borrower’s businessqualified.
Appears in 1 contract
Due Organization and Qualification. Borrower is a corporation corporation, duly formed, 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 or in which the Collateral is located, except to the extent that such non-compliance would not reasonably be expected to result in an adverse effect on Borrower’s businessqualified.
Appears in 1 contract
Sources: Loan Agreement (Tripath Imaging Inc)
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 or in which the Collateral is located, except to the extent that such non-compliance would not could reasonably be expected to result in an adverse effect have a Material Adverse Change to the business, operations, conditions (financial or otherwise), or finances of Borrower, or on Borrower’s businessthe value of the Collateral to Lenders.
Appears in 1 contract
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 requires that it be so qualified, except where the failure to be so qualified or in which the Collateral is located, except to the extent that such non-compliance licensed would not reasonably be expected to result in an have a material adverse effect on the business, properties or financial condition of Borrower’s business.
Appears in 1 contract
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 requires that it be so qualified or in which the Collateral is located, except where the failure to the extent that such non-compliance do so would not reasonably be expected to result in have an adverse effect on Borrower’s business.
Appears in 1 contract
Sources: Loan and Security Agreement (Concentric Medical Inc)
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 requires that it be so qualified or in which the Collateral is located, except located and where the failure to the extent that such non-compliance would not be so qualified could reasonably be expected to result in have an adverse effect on the Borrower’s business.
Appears in 1 contract
Sources: Loan and Security Agreement (Restore Medical, Inc.)
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 requires that it be so qualified or in which the Collateral is located, except to the extent that such states other than Massachusetts and Delaware where non-compliance would not reasonably be expected to result in an have a material adverse effect on Borrower’s businessBorrower or any of the Collateral.
Appears in 1 contract
Sources: Loan and Security Agreement (Foundation Medicine, Inc.)
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 requires that it be so qualified or in except for states as to which the Collateral is located, except any failure so to the extent that such non-compliance qualify would not reasonably be expected to result in an adverse effect on Borrower’s businesshave a Material Adverse Effect.
Appears in 1 contract
Due Organization and Qualification. Borrower is a corporation duly formed, 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 requires that it be so qualified or in which the Collateral is locatedqualified, except where the failure to the extent that such non-compliance do so would not reasonably be expected to result in an adverse effect on Borrower’s businesscause a Material Adverse Effect.
Appears in 1 contract
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 requires that it be so qualified or in which the Collateral is located, except to the extent that such states other than California and Delaware where non-compliance would not reasonably be expected to result in an have a material adverse effect on Borrower’s businessBorrower or any of the Collateral.
Appears in 1 contract
Sources: Loan and Security Agreement (Kythera Biopharmaceuticals Inc)
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 the extent that such non-compliance which any failure so to qualify would not reasonably be expected to result in an have a material adverse effect on Borrower’s business.
Appears in 1 contract
Sources: Loan and Security Agreement (Copper Mountain Networks Inc)