Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 176 contracts
Samples: Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc), Credit Agreement (Potbelly Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 68 contracts
Samples: Credit Agreement (CompoSecure, Inc.), Amended and Restated Credit Agreement (Mesa Laboratories Inc /Co/), Credit Agreement (Cactus, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 38 contracts
Samples: Credit Agreement (Sigmatron International Inc), Credit Agreement (Vital Farms, Inc.), Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersshareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 27 contracts
Samples: Term Loan Agreement (Bruker Corp), Term Loan Agreement (Bruker Corp), Credit Agreement (Bruker Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have This Agreement has been duly authorized authorized, executed and delivered by all necessary organizational actions andthe Borrower and constitutes, if required, actions by equity holders. The and each other Loan Documents Document to which each any Loan Party is to be a party have been duly party, when executed and delivered by such Loan Party and constitute Party, will constitute, a legal, valid and binding obligation of the 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 subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 24 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Installed Building Products, Inc.), Term Loan Credit Agreement (Installed Building Products, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate, limited liability company or partnership powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such each Loan Party party thereto and constitute a legal, valid and binding obligation of each Loan Party party thereto, enforceable against such Loan Party, enforceable Party in accordance with its their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally Debtor Relief Laws and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 15 contracts
Samples: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersholder action. The Each Loan Party has duly executed and delivered each of the Loan Documents to which it is party, and each Loan Party is a party have been duly executed and delivered by of such Loan Party and constitute a Documents constitutes its legal, valid and binding obligation of such Loan Partyobligations, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 14 contracts
Samples: Revolving Credit and Guaranty Agreement (Coupang, Inc.), Revolving Credit and Guaranty Agreement (Coupang, Inc.), Revolving Credit and Guaranty Agreement (Coupang, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have This Agreement has been duly authorized authorized, executed and delivered by all necessary organizational actions andHoldings and the Borrower and constitutes, if required, actions by equity holders. The and each other Loan Documents Document to which each any Loan Party is to be a party have been duly party, when executed and delivered by such Loan Party and constitute Party, will constitute, a legal, valid and binding obligation of Holdings, the 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 subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 13 contracts
Samples: Revolving Credit Agreement (Vacasa, Inc.), First Lien Credit Agreement (First Advantage Corp), Credit Agreement (EverCommerce Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate, limited liability company or other organizational powers and have been duly authorized by all necessary corporate, limited liability company or other organizational actions action and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally Debtor Relief Laws and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at lawLaw.
Appears in 13 contracts
Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)
Authorization; Enforceability. (a) The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, examination, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 12 contracts
Samples: Fourth Amended (ODP Corp), Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate, partnership or limited liability company powers and have been duly authorized by all necessary organizational actions andcorporate, if required, actions by equity holderspartnership or limited liability company action. The Loan Documents to which This Agreement and each Loan Party is a party Document have been duly executed and delivered by such the Loan Party Parties thereto and constitute a legal, valid and binding obligation obligations of such Loan PartyParties thereto, enforceable in accordance with its their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 9 contracts
Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such each Loan Party which is a party thereto and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, liquidation, reconstruction, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 8 contracts
Samples: Credit Agreement (Ralph Lauren Corp), Credit Agreement (Ralph Lauren Corp), Credit Agreement (Ralph Lauren Corp)
Authorization; Enforceability. The Transactions are within the each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The This Agreement and the other Loan Documents to which each Loan Party is a party have has been duly executed and delivered by such each Loan Party to which such Person is a party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 7 contracts
Samples: Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 7 contracts
Samples: Credit Agreement (Benefitfocus, Inc.), 364 Day Credit Agreement (Arcosa, Inc.), Amended and Restatedcredit Agreement (Arcosa, Inc.)
Authorization; Enforceability. The Transactions are within execution, delivery and performance by each Loan Party’s organizational powers and Party of each Loan Document to which it is a party have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersaction. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws Laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 6 contracts
Samples: Credit Agreement (American International Group Inc), Credit Agreement (American International Group Inc), Credit Agreement (American International Group Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s 's organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 6 contracts
Samples: Credit (Smithfield Foods Inc), Joinder Agreement (Park Ohio Holdings Corp), Credit Agreement (Acxiom Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law. SECTION 3.03.
Appears in 6 contracts
Samples: Credit Agreement (Winnebago Industries Inc), Credit Agreement (Trinity Industries Inc), Credit Agreement (Pilgrims Pride Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate or other powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder or shareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 5 contracts
Samples: Credit Agreement (NetApp, Inc.), Loan Agreement (NetApp, Inc.), Credit Agreement (NetApp, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute each constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document and Related Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Credit Agreement (A.S.V., LLC), Credit Agreement (A.S.V., LLC), Credit Agreement (Manitex International, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate or equivalent powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Credit Agreement (Murphy Oil Corp), Credit Agreement (Murphy Oil Corp /De), Credit Agreement (Murphy Oil Corp /De)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational or constitutional powers and have been duly authorized by all necessary organizational actions and, if required, actions by stockholder or other equity holdersholder action. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Credit Agreement (Clear Secure, Inc.), Credit Agreement (Clear Secure, Inc.), Credit Agreement (Mimecast LTD)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate, partnership or other organizational powers and have been duly authorized by all necessary corporate, partnership or other organizational actions and, if required, actions by equity holdersaction. The Loan Documents to which each Loan Party is a party have This Agreement has been duly executed and delivered by such Loan Party the Borrower and constitute constitutes a legal, valid and binding obligation of such Loan Partythe Borrower, enforceable against Borrower in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Credit and Term Loan Agreement (Taubman Centers Inc), Revolving Credit and Term Loan Agreement (Taubman Centers Inc), Revolving Credit and Term Loan Agreement (Taubman Centers Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Credit Agreement (Planet Fitness, Inc.), Credit Agreement (Planet Fitness, Inc.), Assignment and Assumption (Planet Fitness, Inc.)
Authorization; Enforceability. The Transactions are within the each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersshareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Credit Agreement (Priceline Com Inc), Credit Agreement (Zebra Technologies Corp/De), Credit Agreement (Adc Telecommunications Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate or limited liability company powers and have been duly authorized by all necessary organizational actions corporate or limited liability company and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Credit Agreement (Stewart & Stevenson LLC), Credit Agreement (Mgi Pharma Inc), Credit Agreement (Stewart & Stevenson LLC)
Authorization; Enforceability. The Transactions to be consummated by each Loan Party are within each such Loan Party’s organizational corporate or company powers and have been duly authorized by all necessary organizational actions corporate or company and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have This Agreement has been duly executed and delivered by such each Loan Party party thereto and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Credit Agreement (Delhaize Group), Credit Agreement (Delhaize Group), Credit Agreement (Delhaize America Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersholders of such Loan Party. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Credit Agreement (Archrock, Inc.), Credit Agreement (Archrock Partners, L.P.), Credit Agreement (Archrock Partners, L.P.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by stockholder or other equity holdersholder action. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Credit Agreement (Virtusa Corp), Credit Agreement (Virtusa Corp), Credit Agreement (Virtusa Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate, partnership or limited liability company powers and have been duly authorized by all necessary organizational actions andcorporate, if required, actions by equity holderspartnership or limited liability company action. The Loan Documents to which This Agreement and each Loan Party is a party Document have been duly executed and delivered by such the Loan Party Party(ies) thereto and constitute a legal, valid and binding obligation obligations of such Loan PartyParty(ies) thereto, enforceable in accordance with its their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Hiland Partners, LP), Credit Agreement (Natural Resource Partners Lp)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersstockholder or member action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (MasterBrand, Inc.), Credit Agreement (MasterBrand, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party and the Abraxas Acquisition Documents have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersshareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Quad/Graphics, Inc.), Credit Agreement (Quad/Graphics, Inc.)
Authorization; Enforceability. The Transactions applicable to it are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Lexmark International Inc /Ky/), Credit Agreement (Lexmark International Inc /Ky/)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersactions. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Joinder Agreement (Material Sciences Corp), Joinder Agreement (Material Sciences Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersshareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Fourth Amended and Restated Credit Agreement (Photronics Inc), Credit Agreement (Photronics Inc)
Authorization; Enforceability. The Transactions are within each Loan PartyBorrower’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder or shareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Yrc Worldwide Inc), Credit Agreement (Yrc Worldwide Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s 's organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting the enforcement of creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at lawlaw and obligations of good faith and fair dealing.
Appears in 2 contracts
Samples: Credit Agreement (HF Foods Group Inc.), Credit Agreement (HF Foods Group Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The From and after its delivery to the Administrative Agent, the Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to generally, general principles of equity, regardless of whether considered in a proceeding in equity or at law, and requirements of reasonableness, good faith and fair dealing.
Appears in 2 contracts
Samples: Credit Agreement (Belden Inc.), Credit Agreement (Belden Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Bowhead Specialty Holdings Inc.), Credit Agreement (Sunoco Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersholders of such Loan Party. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Esco Technologies Inc), Credit Agreement (Esco Technologies Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate (or equivalent) powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each of this Agreement and the other Loan Documents to which each Loan Party is a party have has been duly executed and delivered by such each Loan Party party thereto and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Dr Pepper Snapple Group, Inc.), Credit Agreement (Dr Pepper Snapple Group, Inc.)
Authorization; Enforceability. The Transactions are within the powers of each Loan Party’s organizational powers of the Credit Parties and their respective Subsidiaries, and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersaction. The This Agreement and the other Loan Documents to which each Loan any Credit Party is a party have been duly executed and delivered by such Loan Party Person and constitute constitutes a legal, valid and binding obligation of such Loan PartyPerson, enforceable in accordance with its their respective terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Credit Party’s organizational powers and have been duly authorized by all necessary organizational actions action and, if required, actions the action by equity holdersthe holders of such Credit Party’s Equity Interests. The Loan Documents to which each Loan Party is a party have This Agreement has been duly executed and delivered by such Loan each Credit Party and constitute constitutes a legal, valid and binding obligation of such Loan each Credit Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Global Payments Inc), Loan Agreement (Global Payments Inc)
Authorization; Enforceability. The Transactions are ------------------------------ within each Loan Party’s organizational 's corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions stockholder action. Each Loan Document has been duly executed and delivered by equity holders. The Loan Documents to which each Loan Party is a party have been duly and constitutes, or when executed and delivered by such Loan Party and constitute will constitute, a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Unisource Worldwide Inc), Credit Agreement (Unisource Worldwide Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such the Loan Party Parties which is a party thereto and constitute constitutes a legal, valid and binding obligation of each such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent transfer or conveyance, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate or limited liability company powers and have been duly authorized by all necessary organizational actions corporate, limited liability company and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersholders of such Loan Party. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (AtriCure, Inc.), Credit Agreement (Myriad Genetics Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law. SECTION 3.03.
Appears in 2 contracts
Samples: Credit Agreement (CompoSecure, Inc.), Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate (or equivalent) powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (GoPro, Inc.), Credit Agreement (Actuate Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s 's corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Haynes International Inc), Execution Version Credit Agreement (Vera Bradley, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid valid, and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Francesca's Holdings CORP), Term Loan Credit Agreement (Francesca's Holdings CORP)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersinterestholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Coolbrands International Inc), Trademark License Agreement (Coolbrands International Inc)
Authorization; Enforceability. The Transactions by each Loan Party are within each such Loan Party’s organizational powers corporate power and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersshareholder action. The This Agreement and the other Loan Documents to which each Loan Party is a party have been duly executed and delivered by such the Loan Party Parties party hereto and thereto and constitute a legal, valid and binding obligation obligations of such Loan PartyParties, enforceable in accordance with its their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws Laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)
Authorization; Enforceability. The Transactions are within the each Original Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The This Agreement and the other Loan Documents to which each Loan Party is a party have been duly executed and delivered by such each Original Loan Party and constitute a legal, valid and binding obligation obligations of such Original Loan Party, enforceable against it in accordance with its their respective terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (National General Holdings Corp.), Credit Agreement (Amtrust Financial Services, Inc.)
Authorization; Enforceability. The Transactions are within each Loan PartyBorrower’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The This Agreement and each other Loan Documents Document to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Credit Agreement (Tennant Co), Credit Agreement (Tennant Co)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational 's corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such each Loan Party which is a party thereto and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Credit Party’s 's organizational powers and have been duly authorized by all necessary organizational actions action and, if required, actions the action by equity holdersthe holders of such Credit Party's Equity Interests. The Loan Documents to which each Loan Party is a party have This Agreement has been duly executed and delivered by such Loan each Credit Party and constitute constitutes a legal, valid and binding obligation of such Loan each Credit Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Loan Agreement (Global Payments Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to (a) applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to generally, (b) general principles of equity, regardless of whether considered in a proceeding in equity or at lawlaw and (c) requirements of reasonableness, good faith and fair dealing.
Appears in 1 contract
Samples: Credit Agreement (Viropharma Inc)
Authorization; Enforceability. The Transactions are within execution, delivery and performance by each Loan Party’s organizational powers and Party of each Loan Document to which it is a party have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersaction. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws Laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.. Credit Agreement
Appears in 1 contract
Samples: Credit Agreement (American International Group, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Partythe Borrower’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder or shareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate or equivalent powers and have been duly authorized by all necessary organizational actions corporate CREDIT AGREEMENT and, if required, actions by equity holdersstockholder action. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Murphy Oil Corp)
Authorization; Enforceability. The Transactions are within each of the Loan Party’s organizational Parties’ corporate powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holderscorporate action on the part of each such Loan Party. The Each Loan Documents Document to which each any Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and Credit Agreement constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws Laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each such Loan Party’s organizational powers limited partnership or limited liability company powers, as applicable, and have been duly authorized by all necessary organizational actions andlimited partnership or limited liability company action, if required, actions by equity holdersas applicable. The Margin Loan Documents Documentation to which each Loan Party it is a party have has been duly executed and delivered by such each Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within execution, delivery and performance by each Loan Party’s organizational powers and Party of each Loan Document to which it is a party have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersaction. The Each Loan Documents Document to which each Loan Party Credit Agreement is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws Laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (American International Group Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s 's corporate, partnership or other organizational powers and have been duly authorized by all necessary corporate, partnership or other organizational actions and, if required, actions by equity holdersaction. The Loan Documents to which each Loan Party is a party have This Agreement has been duly executed and delivered by such Loan Party the Borrower and constitute constitutes a legal, valid and binding obligation of such Loan Partythe Borrower, enforceable against Borrower in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s 's organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party party thereto and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Virtusa Corp)
Authorization; Enforceability. The Transactions are within the corporate powers of each Loan Party’s organizational powers Party and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The This Agreement and each other Loan Documents to which each Loan Party is a party Document have been duly executed and delivered by such each Loan Party which is a party thereto and constitute a legal, valid and binding obligation of such each Loan PartyParty which is a party thereto, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions affecting the Loan Parties are within each Loan Party’s organizational 's corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The This Agreement and each of the Loan Documents to which each Loan Party is a party have has been duly executed and delivered by such each Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each any Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersstockholder action. The This Agreement and each other Loan Documents Document to which each any Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each the corporate powers of the Loan Party’s organizational powers Parties and Target Acquisition Corp. and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each of the Loan Documents to which each a Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate (or other) and, if required, actions by equity holdersstockholder or shareholder action. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such each Loan Party party thereto and constitute constitutes a legal, valid and binding obligation of each such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by stockholder or equity holdersholder action. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such each Loan Party party thereto and constitute a constitutes the legal, valid and binding obligation of such each Loan PartyParty party thereto, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Masimo Corp)
Authorization; Enforceability. The Transactions are within each the corporate powers of the Loan Party’s organizational powers Parties and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each of the Loan Documents to which each a Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational 's corporate, partnership or limited liability company powers and have been duly authorized by all necessary organizational actions andcorporate, if required, actions by equity holderspartnership or limited liability company action. The Loan Documents to which This Agreement and each Loan Party is a party Document have been duly executed and delivered by such the Loan Party Party(ies) thereto and constitute a legal, valid and binding obligation obligations of such Loan PartyParty(ies) thereto, enforceable in accordance with its their terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each such Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Meet Group, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder action. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such each of the Loan Party Parties which is a party thereto and constitute constitutes a legal, valid and binding obligation of each such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent transfer or conveyance, reorganization, moratorium or other laws affecting creditors’ ' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate (or other applicable) powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable applicable. bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents Document to which each a Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate or equivalent powers and have been duly authorized by all necessary organizational actions corporate and, if required, actions by equity holdersstockholder or other equityholder action. The Each Loan Documents Document to which each any Loan Party is a party have has been duly executed and delivered by such Loan Party and constitute constitutes a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Tesoro Corp /New/)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by such Loan Party’s equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Pacific Sunwear of California Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational corporate (or other organization) powers and have been duly authorized by all necessary organizational actions corporate (or other organizational) and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Maytag Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, examination, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Intercreditor Agreement
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Each Loan Documents to which each Loan Party is a party have Document has been duly executed and delivered by such each Loan Party party thereto and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Qlogic Corp)
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersstockholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Libbey Inc)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersstockholder action. The This Agreement and each other Loan Documents Document to which each a Loan Party is a party have been duly executed and delivered by each such Loan Party Party, and constitute each constitutes a legal, valid and binding obligation of such the Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Almost Family Inc)
Authorization; Enforceability. The Transactions are within the powers of each Loan Party’s organizational powers Party and have been duly authorized by all necessary organizational actions andaction. This Agreement has been, if requiredand each other Loan Document, actions by equity holders. The Loan Documents to which each Loan Party is a party when delivered hereunder, will have been been, duly executed and delivered by such each Loan Party that is a party thereto and constitute constitutes, or will constitute, a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Yuma Energy, Inc.)
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holdersshareholder action. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s corporate or other organizational powers and have been duly authorized by all necessary corporate or other organizational actions and, if required, actions by equity holdersholder action on the part of such Loan Party. The Each Loan Party has duly executed and delivered each of the Loan Documents to which it is party, and each Loan Party is a party have been duly executed and delivered by of such Loan Party and constitute a Documents constitutes its legal, valid and binding obligation of such Loan Partyobligations, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Authorization; Enforceability. The Transactions are within each Loan Party’s organizational powers and have been duly authorized by all necessary organizational actions and, if required, actions by equity holders. The Loan Documents to which each Loan Party is a party have been duly executed and delivered by such Loan Party and constitute a legal, valid and binding obligation of such Loan Party, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.. 89
Appears in 1 contract