Common use of Authority, Etc Clause in Contracts

Authority, Etc. The execution and delivery by each of the Borrowers and the Guarantors of this Amendment and the performance by each of the Borrowers and the Guarantors of all of its respective agreements and obligations of this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 5 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

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Authority, Etc. The execution and delivery by each of the Borrowers and the Guarantors of this Amendment Agreement and the performance by each of the Borrowers and the Guarantors of all of its respective agreements and obligations of this Amendment Agreement and the other documents delivered in connection therewith (collectively, the “Amendment Agreement Documents”), the Credit Agreement as amended modified hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor or any provision of the Governing Documents of such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, except where any such conflict would not have a Material Adverse Effect, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 4 contracts

Samples: Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc)

Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors of all of its respective agreements and obligations of this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Loan Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 3 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Authority, Etc. The execution and delivery by each of the Borrowers and the Guarantors such Borrower or such Guarantor of this Amendment Agreement and the performance by each of the Borrowers and the Guarantors such Borrower or such Guarantor of all of its respective agreements and obligations of under this Amendment Agreement and the other documents delivered in connection therewith (collectively, the “Amendment Agreement Documents”), the Credit Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and or such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

Authority, Etc. The execution and delivery by each of the Borrowers and the Guarantors of this Amendment Agreement and the performance by each of the Borrowers and the Guarantors of all of its respective agreements and obligations of this Amendment Agreement and the other documents delivered in connection therewith (collectively, the “Amendment Agreement Documents”), the Credit Agreement as amended modified hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 2 contracts

Samples: Credit Agreement (Barnes Group Inc), Senior Unsecured Revolving Credit Agreement (Barnes Group Inc)

Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors Guarantor of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors Guarantor of all of its respective agreements and obligations of this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Loan Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such the Borrower or such the Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such the Borrower and such the Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such the Borrower or such the Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such the Borrower or such the Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such the Borrower or such the Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Term Loan Agreement (CAI International, Inc.)

Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors Guarantor of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors Guarantor of all of its respective agreements and obligations of this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such the Borrower or such the Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such the Borrower and such the Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such the Borrower or such the Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such the Borrower or such the Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such the Borrower or such the Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors Guarantor of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors Guarantor of all of its their respective agreements and obligations of in this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Loan Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such the Borrower or such and the Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such the Borrower and such the Guarantor, (iii) do not conflict with or result in any breach or contravention of any material provision of law, statute, rule or regulation to which such the Borrower or such the Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such the Borrower or such the Guarantor, (iv) do not conflict with any provision of the Governing Documents certificate of incorporation and by-laws of, or any agreement or other instrument binding upon, such the Borrower or such the Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Term Loan Agreement (TAL International Group, Inc.)

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Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors of all of its respective agreements and obligations of this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such the Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such the Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such the Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such the Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such the Borrower or such Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Revolving Credit Agreement (Interpool Inc)

Authority, Etc. The execution and delivery by each of the Borrowers and the Guarantors of this Amendment and the performance by each of the Borrowers and the Guarantors of all of its respective agreements and obligations of this Amendment and the other documents executed and delivered by the Borrowers in connection therewith herewith (collectively, the “Amendment Agreement Documents”), the Credit Agreement as amended modified hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor or any provision of the Governing Documents of such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, except where any such conflict would not have a Material Adverse Effect, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Libor Transition Amendment (Barnes Group Inc)

Authority, Etc. The execution and delivery by each of the Borrowers and the Guarantors of this Amendment Agreement and the performance by each of the Borrowers and the Guarantors of all of its respective agreements and obligations of under this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”)Agreement, the Credit Agreement as amended modified hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and or such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor or any provision of the Governing Documents of such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, upon such Borrower or such Guarantor, except where any such conflict would not have a Material Adverse Effect, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Credit Agreement (Barnes Group Inc)

Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors Guarantor of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors Guarantor of all of its respective agreements and obligations of this Amendment and the any other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Loan Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such the Borrower or such the Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such the Borrower and such the Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such the Borrower or such the Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such the Borrower or such the Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such the Borrower or such the Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Term Loan Agreement (CAI International, Inc.)

Authority, Etc. The execution and delivery by each of the Borrowers Borrower and the Guarantors of this Amendment and the performance by each of the Borrowers Borrower and the Guarantors of all of its respective agreements and obligations of this Amendment and the other documents delivered in connection therewith (collectively, the “Amendment Documents”), the Credit Loan Agreement as amended hereby and the other Loan Documents (i) are within the corporate or company authority of such Borrower or such Guarantor, (ii) have been duly authorized by all necessary corporate or company proceedings by such Borrower and such Guarantor, (iii) do not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Borrower or such Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to such Borrower or such Guarantor, (iv) do not conflict with any provision of the Governing Documents of, or any agreement or other instrument binding upon, such Borrower or such Guarantor, and (v) do not require the approval or consent of, or filing with, any Person other than those already obtained.

Appears in 1 contract

Samples: Term Loan Agreement (CAI International, Inc.)

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