Authorization and Status of Agreements. Each Document to which any Loan Party is a party delivered pursuant hereto has been duly authorized, executed and delivered by it and does not conflict with or contravene or constitute a default or create a Lien, other than a conflict, contravention, default or Lien which would not reasonably be expected to have a Material Adverse Effect or a Lien which is a Permitted Encumbrance, under:
(i) its constating documents, by-laws, any resolution of the Directors of any Loan Party or any shareholders’ or partnership agreement in respect of any Loan Party;
(ii) any agreement or document to which it is a party or by which any of its property is bound; or
(iii) any applicable Law.
Authorization and Status of Agreements. Each Document has been duly authorized, executed and delivered by each Harvest Party that is a party thereto and the execution and delivery thereof and the performance of its obligations thereunder does not conflict with or contravene or constitute a default or create an encumbrance, other than a Permitted Encumbrance, under:
(i) the constating documents or by-laws of, or any resolution of the directors, the trustee or partners, as the case may be, of any Harvest Party;
(ii) the Material Contracts, or any other agreement or document to which any Harvest Party is a party or by which any Harvest Party's property is bound, and which is material to the Harvest Parties taken as a whole; or
(iii) any applicable Law.
Authorization and Status of Agreements. Each of the Loan Documents to which the Borrower or a Restricted Subsidiary is a party has been or will have been, when delivered by the Borrower or such Restricted Subsidiary, duly authorized, executed and delivered by the Borrower or Restricted Subsidiary, as applicable, and does not and will not in any material respect conflict with or contravene or constitute a default or create an encumbrance under:
(i) the constating documents or by-laws or any resolutions of the Borrower or such Restricted Subsidiary, as applicable;
(ii) the Public Indentures;
(iii) any other agreement or document to which the Borrower or such Restricted Subsidiary is a party, as applicable; or
(iv) any Law or Governmental Authorization applicable to the Borrower or such Restricted Subsidiary, as applicable, which conflict or contravention, in the case of (iii) and (iv) only, would have a Material Adverse Effect.
Authorization and Status of Agreements. This Financing Commitment and the Security have been duly authorized, executed and delivered by the Borrower and does not conflict with or contravene or constitute a default or create an encumbrance, other than a Permitted Encumbrance, under:
(i) its constating documents or by-laws or any resolution of its directors or shareholders, as the case may be;
(ii) any agreement or document to which it is a party or by which any of its property is bound; or
(iii) any applicable law, the contravention of which would have a Material Adverse Effect.
Authorization and Status of Agreements. Each Document to which the Borrower or a Material Subsidiary is a party delivered pursuant hereto has been duly authorized, executed and delivered by it and does not conflict with or contravene or constitute a default or create a Lien, other than a Permitted Encumbrance, under:
(i) in the case of the Borrower and each corporate Material Subsidiary its constating documents, by-laws, any resolution of its Directors or any shareholders’ agreement in respect thereof;
(ii) any agreement or document to which it is a party or by which any of its property is bound; or
(i) any applicable Law, the conflict with, contravention, default under or creation of a Lien of which could reasonably be expected to have a Material Adverse Effect.
Authorization and Status of Agreements. Each Document to which the Borrower and any other Loan Party is a party delivered pursuant hereto has been duly authorized, executed and delivered by it and does not conflict with or contravene or constitute a default or create a Lien, other than a Lien which is a Permitted Encumbrance and other than a conflict, contravention, default or a Lien which could not be reasonably be expected to have a Material Adverse Effect, under:
Authorization and Status of Agreements. Each Document to which the Borrower is a party delivered pursuant hereto has been duly authorized, executed and delivered by it and does not conflict with or contravene or constitute a default, under:
(i) its constating documents, by-laws, any resolution of the Directors or partners or any shareholders’ or partnership agreement in respect thereof;
(ii) any material agreement or document to which it is a party or by which any of its material property is bound; or
(iii) any applicable Law.
Authorization and Status of Agreements. Each Loan Document to which the Borrower and any other Loan Party is a party delivered pursuant hereto has been duly authorized, executed and delivered by it and does not conflict with or contravene or constitute a default or create a Lien, other than a Lien which is a Permitted Encumbrance and other than a conflict, contravention, default or a Lien which in the case of clauses (ii) or (iii) below would not be reasonably be expected to have a Material Adverse Effect, under:
(i) its constating documents or bylaws or any resolution of its Directors or shareholders;
(ii) any agreement or document to which it is a party or by which any of its property is bound; or
(iii) any applicable Law.
Authorization and Status of Agreements. This Credit Agreement and the Security have been duly authorized, executed and delivered by each of the Borrower and the Guarantor, where applicable, and does not conflict with or contravene or constitute a default or create an encumbrance, other than a Permitted Encumbrance, under:
(i) its constating documents or by-laws or any resolution of its directors or shareholders;
(ii) any agreement or document to which it is a party or by which any of its property is bound; or
(iii) any applicable law, the contravention of which would, or would reasonably be expected to, result in a Material Adverse Change.
Authorization and Status of Agreements. Each Document has been duly authorized, executed and delivered by the Penn West Party that is a party thereto and the execution and delivery thereof and the performance of its obligations thereunder does not conflict with or contravene or constitute a default or create an encumbrance, other than a Permitted Encumbrance, under:
(i) the constating documents or by-laws of, or any resolution of the directors, the Trustee or partners, as the case may be, of any Penn West Party;
(ii) the Material Contracts or any other material agreement or document to which any Penn West Party is a party or by which any Penn West Party’s property is bound; or
(iii) any applicable Law.
