Common use of Authorization; Compliance with Other Instruments Clause in Contracts

Authorization; Compliance with Other Instruments. The execution, delivery and performance of this Agreement and the Note, and borrowings hereunder, have been duly authorized by all necessary corporate or trust action of the Borrower and will not result in any violation of or be in conflict with or constitute a default under any term of the charter, by-laws or trust agreement of such Borrower or the applicable Funds, or of any borrowing restrictions or prospectus or statement of additional information of such Borrower or the applicable Funds, or of any agreement, instrument, judgment, decree, order, statute, rule or governmental regulation applicable to such Borrower, or result in the creation of any mortgage, lien, charge or encumbrance upon any of the properties or assets of such Borrower or the applicable Funds pursuant to any such term. The Borrower and the applicable Funds are not in violation of any term of their respective charter, by-laws or trust agreement, and such Borrower and the applicable Funds are not in violation of any material term of any agreement or instrument to which they are a party, or to the best of such Borrower's knowledge, of any judgment, decree, order, statute, rule or governmental regulation applicable to them;

Authorization; Compliance with Other Instruments. The execution, delivery and performance of this Agreement and the Note, and borrowings hereunder, have been duly authorized by all necessary corporate or trust action of the Borrower and will not result in any violation of or be in conflict with or constitute a default under any term of the charter, by-laws or trust agreement agreement, as applicable, of such the Borrower or the applicable Funds, or of any borrowing restrictions or prospectus or statement of additional information of such the Borrower or the applicable FundsFund(s), or of any agreement, instrument, judgment, decree, order, statute, rule or governmental regulation applicable to such Borrowerthe Borrower on behalf of the applicable Fund(s), or result in the creation of any mortgage, lien, charge or encumbrance upon any of the properties or assets of such Borrower or the applicable Funds Fund(s) pursuant to any such term. The Borrower and the applicable Funds are is not in violation of any term of their its respective charter, by-laws or trust agreement, as applicable, and such the Borrower and the applicable Funds Fund(s) are not in violation of any material term of any agreement or instrument to which they are a party, or to the best of such the Borrower's ’s knowledge, of any judgment, decree, order, statute, rule or governmental regulation applicable to them;

Authorization; Compliance with Other Instruments. The execution, delivery and performance of this Agreement and the Note, and borrowings hereunder, have been duly authorized by all necessary corporate or trust action of the Borrower and will not result in any violation of or be in conflict with or constitute a default under any term of the charter, by-laws or trust agreement agreement, as applicable, of such the Borrower or the applicable Funds, or of any borrowing restrictions or prospectus or statement of additional information of such the Borrower or the applicable FundsFund(s), or of any agreement, instrument, judgment, decree, order, statute, rule or governmental regulation applicable to such Borrowerthe Borrower on behalf of the applicable Fund(s), or result in the creation of any mortgage, lien, charge or encumbrance upon any of the properties or assets of such Borrower or the applicable Funds Fund(s) pursuant to any such term. The Borrower and the applicable Funds are is not in violation of any term of their its respective charter, by-laws or trust agreement, as applicable, and such the Borrower and the applicable Funds Fund(s) are not in violation of any material term of any agreement or instrument to which they are a party, or to the best of such the Borrower's knowledge, of any judgment, decree, order, statute, rule or governmental regulation applicable to them;