Common use of Authority; Approval Required Clause in Contracts

Authority; Approval Required. (a) SST IV has the requisite corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the Stockholder Approvals, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV and the consummation by SST IV of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, and no other corporate proceedings on the part of SST IV is necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject with respect to the Merger and the Charter Amendment, to receipt of the Stockholder Approvals and to the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of the Articles of Merger and such Articles of Amendment by, the SDAT in accordance with the MGCL and the MLLCA.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (SmartStop Self Storage REIT, Inc.), Agreement and Plan of Merger (Strategic Storage Trust IV, Inc.)

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Authority; Approval Required. (a) SST IV CCPT V has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject only to receipt of the Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV CCPT V and the consummation by SST IV CCPT V of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, and no other corporate proceedings on the part of SST IV is CCPT V are necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject with respect to the Merger and the Charter Amendment, to receipt of the Stockholder Approvals and to Approval, the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of such Articles of Amendment Merger by, the SDAT in accordance with the MGCL and the MLLCASDAT.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cole Office & Industrial REIT (CCIT III), Inc.), Agreement and Plan of Merger (Cole Credit Property Trust V, Inc.)

Authority; Approval Required. (a) SST IV Terra BDC has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the Stockholder Approvals, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV Terra BDC and the consummation by SST IV Terra BDC of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, and no other corporate proceedings on the part of SST IV is Terra BDC are necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject subject, (i) with respect to the Merger, to receipt of the applicable Stockholder Approval, to the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDAT, and to the filing of the Certificate of Merger with the DE SOS, and (ii) with respect to the Terra BDC Charter Amendment, to receipt of the Stockholder Approvals and to the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of the Articles of Merger and such Articles of Amendment by, by the SDAT in accordance with the MGCL and the MLLCASDAT.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Terra Property Trust, Inc.), Agreement and Plan of Merger (Terra Income Fund 6, Inc.)

Authority; Approval Required. (a) SST IV CCIT III has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject only to receipt of the Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV CCIT III and the consummation by SST IV CCIT III of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, and no other corporate proceedings on the part of SST IV is CCIT III are necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject with respect to the Merger and the Charter Amendment, to receipt of the Stockholder Approvals and to Approval, the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of such Articles of Amendment Merger by, the SDAT in accordance with the MGCL and the MLLCASDAT.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cim Real Estate Finance Trust, Inc.), Agreement and Plan of Merger (Cole Office & Industrial REIT (CCIT III), Inc.)

Authority; Approval Required. (a) SST IV SOR II has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject only to receipt of the Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV SOR II and the consummation by SST IV SOR II of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, action and no other corporate proceedings on the part of SST IV is SOR II are necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject with respect to the Merger and the Charter Amendment, to receipt of the Stockholder Approvals Approval, the filing of Articles of Amendment relating to the SOR II Charter Amendment with, and to acceptance for record of such Articles of Amendment by, the SDAT and the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of the Articles of Merger and such Articles of Amendment by, the SDAT in accordance with the MGCL and the MLLCASDAT.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pacific Oak Strategic Opportunity REIT II, Inc.), Agreement and Plan of Merger (Pacific Oak Strategic Opportunity REIT, Inc.)

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Authority; Approval Required. (a) SST IV INAV has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject only to receipt of the Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV INAV and the consummation by SST IV INAV of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, and no other corporate proceedings on the part of SST IV is INAV are necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject with respect to the Merger and the Charter Amendment, to receipt of the Stockholder Approvals and to Approval, the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of such Articles of Amendment Merger by, the SDAT in accordance with the MGCL and the MLLCASDAT.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cim Income Nav, Inc.)

Authority; Approval Required. (a) SST IV CCIT II has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject only to receipt of the Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Merger. The execution and delivery of this Agreement by SST IV CCIT II and the consummation by SST IV CCIT II of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate action, and no other corporate proceedings on the part of SST IV is CCIT II are necessary to authorize this Agreement or the Merger or to consummate the other transactions contemplated by this Agreement, subject with respect to the Merger and the Charter Amendment, to receipt of the Stockholder Approvals and to Approval, the filing of the Articles of Merger and Articles of Amendment relating to the Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of such Articles of Amendment Merger by, the SDAT in accordance with the MGCL and the MLLCASDAT.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cole Office & Industrial REIT (CCIT II), Inc.)

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