Common use of AUTHORITY TO PERFORM AGREEMENTS Clause in Contracts

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under its certificate of formation and limited liability company operating agreement for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus, except where the failure to obtain such consents, approvals, authorizations or orders, individually or in the aggregate related to the conducting by the Company of the business described in the Prospectus, would not result in a Material Adverse Effect on the Company.

AUTHORITY TO PERFORM AGREEMENTS. The Company undertakes to obtain all consents, approvals, authorizations or orders of any court or governmental agency or body which are required for the Company’s performance of this Agreement, the Advisory Agreement and under its certificate the Company’s articles of formation incorporation (as the same may be amended, supplemented or otherwise modified from time to time, the “Company’s Charter”) and limited liability company operating agreement the Company’s by-laws, each in the form included as exhibits to the Registration Statement for the consummation of the transactions contemplated hereby and thereby, respectively, or the conducting by the Company of the business described in the Prospectus, except where the failure to obtain such consents, approvals, authorizations or orders, individually or in the aggregate related to the conducting by the Company of the business described in the Prospectus, would not result in a Material Adverse Effect on the Company.