Common use of Valid Existence and Power Clause in Contracts

Valid Existence and Power. Borrower is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization and is duly qualified or licensed to transact business in all places where the failure to be so qualified could reasonably be expected to have a Material Adverse Effect on Borrower; and Borrower and each other Person which is a party to any Loan Document (other than Lender) has the power and authority to conduct its business and to make and perform the Loan Documents executed by it and the transactions contemplated thereby, and all such documents will constitute the legal, valid and binding obligations of Borrower and such Person, enforceable in accordance with their respective terms, subject only to bankruptcy and similar laws affecting creditors' rights generally.

Appears in 2 contracts

Sources: Merger Agreement (Micron Electronics Inc), Merger Agreement (Interland Inc)

Valid Existence and Power. Borrower is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization and is duly qualified or licensed to transact business in all places where the failure to be so qualified could reasonably be expected to have a Material Adverse Effect on Borrower; and Borrower and each other Person which is a party to any Loan Document (other than Lender) has the corporate power and authority to conduct its business and to make and perform the Loan Documents executed by it and the transactions contemplated thereby, and all such documents will constitute the legal, valid and binding obligations of Borrower and such PersonBorrower, enforceable in accordance with their respective terms, subject only to bankruptcy and similar laws affecting creditors' rights generallygenerally and general principals of equity.

Appears in 2 contracts

Sources: Revolving Loan Agreement (Kana Communications Inc), Revolving Loan Agreement (Kana Communications Inc)