Common use of Organization and Status Clause in Contracts

Organization and Status. Dynamotion is a corporation duly organized, validly existing, and in good standing under the laws of its jurisdiction of incorporation and is duly qualified and in good standing as a foreign corporation in each jurisdiction where its properties (whether owned, leased, or operated) or its business conducted require such qualification, except where the failure to so qualify or be in good standing, when taken together with all such failures, would not have a material adverse effect on Dynamotion. Dynamotion has all requisite corporate power and authority to own, operate, and lease its property and to carry on its businesses as they are now being conducted. Dynamotion has delivered to ESI complete and accurate copies of the Certificate of Incorporation ("Certificate of Incorporation") and the Bylaws of Dynamotion ("Bylaws"), each as amended to the date hereof.

Appears in 3 contracts

Sources: Agreement of Reorganization and Merger (Electro Scientific Industries Inc), Agreement of Reorganization and Merger (Dynamotion Investment LLC), Agreement of Reorganization and Merger (Dynamotion/Ati Corp)