Authority to Transact. The Participant is authorized to purchase and redeem Creation Units only of the Funds listed on Annex A hereto. The Participant acknowledges and agrees that the Trust and/or the Distributor may amend Annex A from time to time in their sole discretion, provided that the Distributor makes reasonable efforts to provide notice to the Participant of any such amendment.
Authority to Transact. (i) Royalty Exchange has, and Buyer shall have, all requisite corporate power, capacity and authority to execute and deliver this Agreement, and to carry out and perform its obligations under this Agreement and to consummate the transactions contemplated hereby, including, without limitation, obtaining all requisite approvals by the board of directors and shareholders with respect to entering into this Agreement and performing its respective obligations hereunder.
(A) All corporate action on the part of Royalty Exchange necessary for the authorization and execution of this Agreement and the performance of all of Royalty Exchange’s and Buyer’s respective obligations hereunder have been taken, and no other company proceeding on the part of Royalty Exchange is necessary to authorize this Agreement and the transactions contemplated hereby; and (B) this Agreement constitutes, valid and legally binding obligations of Royalty Exchange and Buyer if the Option is validly assigned to an Affiliate of Royalty Exchange, enforceable against Royalty Exchange on behalf of itself and Buyer and Buyer if the Option is validly assigned to an Affiliate of Royalty Exchange in accordance with its terms, except as such enforceability may be limited by effect of (1) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights and (2) general equitable principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.
Authority to Transact. (i) Such Seller has all requisite corporate power and authority to execute and deliver this Agreement, and to carry out and perform its obligations under this Agreement and to consummate the transactions contemplated hereby.
(ii) (A) All corporate action on the part of such Seller, necessary for the authorization and execution of this Agreement by such Seller, and the performance of all of such Seller’s obligations under this Agreement, have been taken, and no other company proceeding on the part of such Seller is necessary to authorize this Agreement and the transactions contemplated hereby; and (B) this Agreement constitutes, valid and legally binding obligations of such Seller, enforceable against such Seller in accordance with its terms, except as such enforceability may be limited by effect of (1) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights and (2) general equitable principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.
Authority to Transact. The Purchaser has the capacity and authority to execute and deliver this Agreement, to perform hereunder and to consummate the Transaction. All corporate actions on the part of the Purchaser necessary for the authorization and execution of this Agreement, the purchase of the Purchase Shares and the performance of all of the Purchaser’s obligations hereunder have been taken. This Agreement constitutes and, when signed by its duly authorized representatives, all other documents contemplated hereby will constitute, valid and legally binding obligations of the Purchaser, enforceable in accordance with their terms.
Authority to Transact. 4.2.1. Seller has all requisite corporate power and authority to execute and deliver the Transaction Documents, and to carry out and perform its obligations under the Transaction Documents and to consummate the transactions contemplated thereby.
4.2.2. (i) all corporate action on the part of Seller, necessary for the authorization and execution of the Transaction Documents by Seller, and the performance of all of Seller’s obligations under the Transaction Documents, have been taken, and no other corporate proceeding on the part of the Seller is necessary to authorize this Agreement and the transactions contemplated hereby; and (ii) this Agreement and the Transaction Documents constitutes, valid and legally binding obligations of Seller, enforceable against the Seller in accordance with their terms, except as such enforceability may be limited by effect of (a) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights and (b) general equitable principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.
Authority to Transact. (a) The Company has all requisite corporate power and authority to execute and deliver this Agreement and the Transaction Documents and to sell and issue the Series E Preferred Shares hereunder and to carry out and perform its obligations under this Agreement and the Transaction Documents and to consummate the transactions contemplated hereby and thereby.
(b) All corporate action on the part of the Company, its directors, and its shareholders necessary for the authorisation and execution of this Agreement and the Transaction Documents by the Company, the authorisation, sale, issuance, and delivery of the Series E Preferred Shares and the performance of all of the Company’s obligations under the Agreement and the Transaction Documents has been taken. This Agreement constitutes and, when signed and where applicable, filed by its duly authorised representatives, the Transaction Documents will constitute, valid and legally binding obligations of the Company, enforceable in accordance with their terms.
Authority to Transact. (i) Such Seller has all requisite corporate power and authority to execute and deliver this Agreement, the Security Agreement, and has all rights necessary to carry out and perform its obligations under this Agreement and to consummate the transactions contemplated hereby and thereby.
(ii) (A) All corporate action on the part of such Seller, necessary for the authorization and execution of this Agreement, the Security Agreement, and the performance of all of such Seller’s obligations under this Agreement, the Security Agreement, have been taken, and no other company proceeding on the part of such Seller is necessary to authorize this Agreement and the Security Agreement and the transactions contemplated hereby and thereby; and (B) this Agreement constitute valid and legally binding obligations of such Seller, enforceable against such Seller in accordance with its terms, except and solely to the extent such enforceability may be limited by applicable law.
Authority to Transact. Such Shareholder has the capacity and authority to execute and deliver this Agreement, to perform hereunder and to consummate the Transaction. All corporate actions, if applicable, on the part of such Shareholder, its directors, and its shareholders necessary for the authorization and execution of this Agreement, the authorization, sale and delivery of the Purchase Shares and the performance of all of such Shareholder’s obligations hereunder, have been taken. This Agreement constitutes and, when signed by its duly authorized representatives, all other documents contemplated hereby will constitute, valid and legally binding obligations of such Shareholder, enforceable in accordance with their terms.
Authority to Transact. Corporations (for-profit and non-profit) and sole proprietors operating under an assumed business name (e.g., “Xxxx Xxxxxxxx d/b/a Xxxxxxxx Enterprises”) must register with the Oregon Secretary of State’s Corporation Division. Sole proprietors operating under their legal name are not required to register with the Secretary of State. Only officers or designees authorized to sign documents on behalf of the Contractor shall execute any application for payment, Change Order or submit any Claim.
Authority to Transact. (i) Buyer has all requisite corporate power, capacity and authority to execute and deliver this Agreement, and has all rights necessary to carry out and perform its obligations under this Agreement and to consummate the transactions contemplated hereby, including, without limitation, obtaining all requisite approvals by the board of directors and shareholders with respect to entering into this Agreement and performing its respective obligations hereunder.
(A) All corporate action on the part of Buyer necessary for the authorization and execution of this Agreement and the performance of all of Buyer’s obligations hereunder have been taken, and no other company proceeding on the part of Buyer is necessary to authorize this Agreement and the transactions contemplated hereby; and (B) this Agreement constitutes valid and legally binding obligations of Buyer, enforceable against Buyer in accordance with its terms, except and to the extent such enforceability may be limited by applicable law.
