Authority of the Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the AHIF Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
Authority of the Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the County Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
Authority of the Borrower. The Borrower has full power and authority to execute and deliver the Loan Documents and to incur and perform its obligations thereunder; the execution, delivery and performance by the Borrower of the Loan Documents will not violate any provision the Organizational Documents of the Borrower or of any law, rule, regulation or court order or result in the breach of, constitute a default under, or create or give rise to any lien under, any indenture or other agreement or instrument to which the Borrower is a party or by which the Borrower or its property may be bound or affected.
Authority of the Borrower. The Borrower shall deliver to the Administrative Agent and the Lenders (x) a certified copy of any amendments to the Organizational Documents of the Borrower since April 26, 2011, certified by an Authorized Representative of the Borrower or a certificate by an Authorized Representative of the Borrower certifying that there have been no such amendments since such date and (y) a copy of one or more resolutions or other authorizations of the Board of Directors of the Borrower certified by the Authorized Representative of such Board of Directors as being in full force and effect on the date of this Amendment and Waiver authorizing this Amendment and Waiver and the execution, delivery and performance of this Amendment and Waiver by the Borrower.
Authority of the Borrower. The Borrower shall deliver to the Administrative Agent and the Lenders (x) a certified copy of any amendments to the Organizational Documents of the Borrower since August 26, 2011, certified by an Authorized Representative of the Borrower or a certificate by an Authorized Representative of the Borrower certifying that there have been no such amendments since such date and (y) a copy of one or more resolutions or other authorizations of the Board of Directors of the Borrower certified by the Authorized Representative of such Board of Directors as being in full force and effect on the date of this Limited Duration Waiver authorizing this Limited Duration Waiver and the execution, delivery and performance of this Limited Duration Waiver by the Borrower.
Authority of the Borrower. The Borrower’s execution, delivery, and performance of its obligations under this Agreement, the Notes, and each of the other Transaction Documents to which it is or will be a party: (i) have been duly authorized by all necessary corporate action, (ii) will not violate any applicable law, regulation or ruling of any governmental authority, and (iii) will not breach, or result in or require the creation of any Lien upon its property (except Permitted Liens), or cause a default under, any of its Charter Documents or any agreement or other requirement by which it or any of its properties may be bound or affected. The execution and delivery by the Borrower of this Agreement, the Notes, and each of the other Transaction Documents to which it is or will be a party will cause each such respective instrument to constitute a direct, unconditional, legal, valid, and binding obligation of the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally or general principles of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law). Except for consents referred to in Section 3.10, no consent of any other Person, including any shareholder of the Borrower, is required in connection with the execution, delivery, performance, validity, or enforceability of any of the Transaction Documents. The Borrower’s obligations hereunder and under the Notes will rank not less than pari passu with all of the Borrower’s other Indebtedness and obligations except for Indebtedness that is mandatorily preferred by applicable law, provided that such Indebtedness is not Indebtedness covered by clauses (i) through (ix) of the definition thereof.
Authority of the Borrower. Delivery to the Administrative Agent of (x) a certified copy of the Organizational Documents of the Borrower, certified by an Authorized Representative of the Borrower and (y) a copy of one or more resolutions or other authorizations of the manager of the Borrower certified by the Authorized Representative of such manager as being in full force and effect on the Closing Date, authorizing the Advances herein provided for (subject to satisfaction of the conditions set forth in Article 3), and the execution, delivery and performance of this Disbursement Agreement and the other Operative Documents and any instruments or agreements required hereunder or thereunder to which each such Person is a party.
