Authority and Conflicts. Buyer has full power and authority to carry on its business as presently conducted, to enter into this Agreement, to purchase the Properties on the terms described in this Agreement and to perform its other obligations under this Agreement.
Authority and Conflicts. Buyer has all requisite company powers and authority to carry on its business as presently conducted, to enter into this Agreement, to purchase the Properties on the terms and conditions described in this Agreement, and to perform its other obligations under this Agreement. The consummation of the transactions contemplated by this Agreement will not violate nor be in conflict with any provision of Buyer’s company agreement and any other governing documents or any material agreement or instrument to which Buyer is a party or by which Buyer is bound, or any judgment, decree, order, statute, rule or regulation applicable to Buyer.
Authority and Conflicts. Seller has full corporate power and authority to carry on its business as presently conducted, to enter into this Agreement, and to perform its obligations under this Agreement. The execution and delivery of this Agreement by Seller does not, and the consummation of the transactions contemplated by this Agreement shall not: (a) violate, conflict with, or require the consent of any person or entity under any provision of Seller's Articles of Incorporation or bylaws or other governing documents; (b) conflict with, result in a breach of, constitute a default (or an event that with the lapse of time or notice or both would constitute a default) or require any consent, authorization, or approval under any agreement or instrument to which Seller is a party or to which any of the Properties or Seller is bound, except as disclosed in Exhibit "A"; (c) violate any provision of or require any consent, authorization, or approval under any judgment, decree, judicial or administrative order, award, writ, injunction, statute, rule, or regulation applicable to Seller; or, (d) result in the creation of any lien, charge, or encumbrance on any of the Properties.
Authority and Conflicts. Seller has all requisite power and authority to carry on its business as presently conducted, to enter into this Agreement, and to perform its obligations under this Agreement. The execution and delivery of this Agreement by Seller does not, and the consummation of the transactions contemplated by this Agreement shall not: (a) violate, conflict with, or require the consent of any person or entity under any provision of Seller’s Articles of Incorporation, bylaws, regulations, limited liability company agreement. limited partnership agreement or other governing documents, as applicable; (b) conflict with, result in a breach of, constitute a default (or an event that with the lapse of lime or notice or both would constitute a default) or require any consent, authorization, or approval under any agreement or instrument to which Seller is a party or to which any of the Properties or Seller is bound, except as disclosed in Exhibit “B”; (c) violate any provision of or require any consent, authorization, or approval under any judgment, decree, judicial or administrative order, award, writ, injunction, statute, rule, or regulation applicable to Seller; or, (d) result in the creation of any lien, charge, or encumbrance on any of the Properties.
Authority and Conflicts. BWP has full power and authority to ------------------------- carry on its business as presently conducted, to enter into this Agreement, and to perform its obligations under this Agreement. The execution and delivery of this Agreement by BWP does not, and the consummation of the transactions contemplated by this Agreement shall not violate, conflict with, or require the consent of any person or entity under any provision of BWPs bylaws or other governing documents, any material agreements or contracts to which BWP is a party, or any material agreements or contracts concerning the Purchase And Sale Agreement. The execution and delivery of this Agreement has been, and the performance of this Agreement and the transactions contemplated by this Agreement shall be at the time required to be performed, duly and validly authorized by all requisite corporate action on the part of BWP.
Authority and Conflicts. 1 3.3. Authorization...................................................2 3.4. Enforceability..................................................2 3.5. Title...........................................................2 3.6. Contracts.......................................................2 3.7.
Authority and Conflicts. The Company has full corporate power and authority to carry on its business as presently conducted, to enter into this Agreement and any agreements contemplated hereby to which it is a party and to perform its obligations hereunder and thereunder. The execution and delivery of this Agreement by the Company and any agreement contemplated hereby does not, and the consummation of the transactions contemplated hereunder and thereunder shall not, (a) violate or be in conflict with, or require the consent of any person or entity under, any provision of the Company's governing documents, (b) conflict with, result in a breach of, constitute a default (or an event that with the lapse of time or notice, or both would constitute a default) under, or require any consent, authorization or approval under any agreement or instrument to which the Company is a party or to which any of the Properties or the Company is bound, except as disclosed in Exhibit 3.8, (c) violate any provision of or require any consent, authorization or approval under any judgment, decree, judicial or administrative order, award, writ, injunction, statute, rule or regulation applicable to the Company, or (d) result in the creation of any Encumbrance on any of the Properties other than those contemplated by either this Agreement or any related agreements and documents.
Authority and Conflicts. Flextrend has full limited liability company power and authority to carry on its business as presently conducted, to enter into this Agreement and any agreements contemplated hereby to which it is a party, and to perform its obligations hereunder and thereunder. Flextrend has full corporate or similar power and authority to purchase the Properties on the terms described in this Agreement. The execution and delivery of this Agreement by the Company and any agreement contemplated hereby does not, and the consummation of the transactions contemplated hereunder and thereunder shall not, (a) violate or be in conflict with, or require the consent of any person or entity under, any provision of Flextrend's governing documents, (b) conflict with, result in a breach of, constitute a default (or an event that with the lapse of time or notice, or both, would constitute a default) under, or require any consent, authorization or approval under any agreement or instrument to which Flextrend is a party or is bound, (c) violate any provision of or require any consent (except for qualifying with and filing the appropriate bonds and transfer documents with the MMS), authorization or approval under any judgment, decree, judicial or administrative order, award, writ, injunction, statute, rule or regulation applicable to Flextrend, or (d) result in the creation of any Encumbrance on the Senior Preferred Stock.
Authority and Conflicts. Assignor has full power and authority to carry on its business as presently conducted, to enter into this Assignment and to perform its obligations under this Assignment. The execution and delivery of this Assignment by Assignor does not, and the consummation of the transactions contemplated by this Assignment shall not, (a) violate or be in conflict with, or require the consent of any person or entity under, any provision of Assignor's governing documents, (b) conflict with, result in a breach of, constitute a default (or an event that with the lapse of time or notice, or both would constitute a default) under, or require any consent, authorization or approval under any agreement or instrument to which Assignor is a party or to which any of the Properties or Assignor is bound (other than the Loan Agreement and excluding any such consents, authorizations or approvals that have been obtained or waived), (c) violate any provision of or require any consent, authorization or approval under any judgment, decree, judicial or administrative order, award, writ, injunction, statute, rule or regulation applicable to Assignor, or (d) result in the creation of any lien, charge or encumbrance on any of the Properties.
Authority and Conflicts. Assignee has full power and authority to carry on its business as presently conducted, to enter into this Assignment and to perform its obligations under this Assignment. The execution and delivery of this Assignment by Assignee does not, and the consummation of the transactions contemplated by this Assignment shall not, (a) violate or be in conflict with, or require the consent of any person or entity under, any provision of Assignee's governing documents, (b) conflict with, result in a breach of, constitute a default (or an event that with the lapse of time or notice, or both would constitute a default) under, or require any consent, authorization or approval under any agreement or instrument to which Assignee is a party, or (c) violate any provision of or require any consent, authorization or approval under any judgment, decree, judicial or administrative order, award, writ, injunction, statute, rule or regulation applicable to Assignee.
