Authorization; Enforceability; Benefit to Loan Parties. (a) The Transactions, insofar as they are to be carried out by each Loan Party, are within such Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational and, if required, shareholder or other equityholder action. This Agreement has been duly executed and delivered by Parent (and, if Parent is not the Borrower, the Borrower) and constitutes, and each other Loan Document to which any Loan Party is to be a party, when executed and delivered by such Loan Party, will constitute, a legal, valid and binding obligation of Parent or such Loan Party, as the case may be, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Term Credit Agreement (Tailored Brands Inc), Term Credit Agreement (Tailored Brands Inc), Junior Priority Intercreditor Agreement (Mens Wearhouse Inc)
Authorization; Enforceability; Benefit to Loan Parties. (a) The Subject to entry of the Order, the Transactions, insofar as they are to be carried out by each Loan Party, are within such Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational and, if required, shareholder or other equityholder action. This Subject to entry of the Order, this Agreement has been duly executed and delivered by Parent (and, if Parent is not the Borrower, the Borrower) each Borrower and constitutes, and each other Loan Document to which any Loan Party is to be a party, when executed and delivered by such Loan Party, will constitute, a legal, valid and binding obligation of Parent such Borrower or such Loan Party, as the case may be, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Ascena Retail (Ascena Retail Group, Inc.), Guaranty and Collateral Agreement (Ascena Retail Group, Inc.), Ascena Retail (Ascena Retail Group, Inc.)
Authorization; Enforceability; Benefit to Loan Parties. (a) The Subject to entry of the Final Order, the Transactions, insofar as they are to be carried out by each Loan Party, are within such Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational and, if required, shareholder or other equityholder equity holder action. This Subject to entry of the Final Order, this Agreement has been duly executed and delivered by Parent (and, if Parent is not the Borrower, the Borrower) each Loan Party and constitutes, and each other Loan Document to which any Loan Party is to be a party, when executed and delivered by such Loan Party, will constitute, a legal, valid and binding obligation of Parent or such Loan Party, as the case may be, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Possession Credit Agreement (Ascena Retail Group, Inc.)