Common use of Authorization, Etc Clause in Contracts

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party thereto, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, execution and delivery and performance by each Loan Party of this Waiver Amendment and each other Loan Document being executed in connection with this Waiver by each Loan Party that to which it is or will be a party theretoparty, and the performance by it of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Requirement of Law in any material respect or any of its Governing Documents or any applicable law or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent applicable Requirement of Law in any material respect or any of its Governing Documents or any applicable law or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver Amendment and each other Loan Document being executed in connection with this Waiver Amendment by each Loan Party that is a party thereto, and the performance of the Credit Agreement as amended hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law Requirement of Law or (C) any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Second Amendment, and the performance of the Credit Agreement hereby Loan Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Organizational Documents or any applicable law Applicable Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document and Related Transaction Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not (x) contravene its Organization Documents, or (y) contravene in any Loan Party’s Constituent Documents or material respect any applicable material law or any material contractual restriction obligation, in each case binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any material default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law material Requirement of Law or (C) any material contractual restriction provision of any material Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable material to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable necessary to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by such Loan Party of this Waiver Amendment and each other Loan Document to which it is a party being executed in connection with this Waiver by each Loan Party that is a party theretoAmendment, and the performance by such Loan Party of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any such Loan Party’s Constituent Documents charter or bylaws any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Fifth Amendment, and the performance of the Credit Agreement hereby Loan Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Organizational Documents or any applicable law Applicable Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Third Amendment, and the performance of the Credit Agreement hereby Loan Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Organizational Documents or any applicable law Applicable Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Amendment, and the performance by each Loan Party of the Credit Loan Agreement hereby and the other Loan Documents to which it is a party, each as amended hereby, (i) have been duly authorized by all necessary actionaction on the part of such Loan Party, (ii) do not and will not contravene any such Loan Party’s Constituent Documents Parties’ charter, operating agreement or by-laws, any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Fourth Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Credit Party that of each Note Document to which it is or will be a party thereto, and the performance of the Credit Agreement hereby (ia) have been duly authorized by all necessary action, (iib) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, or any applicable law Requirement of Law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iiic) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Note Document) upon or with respect to any of its properties, and (ivd) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by such Loan Party of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoThird Amendment, and the performance by such Loan Party of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any such Loan Party’s Constituent Documents charter or by-laws, any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Second Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by each of this Waiver the Loan Parties and each other of its respective Subsidiaries of each Loan Document being executed in connection with this Waiver by each Loan Party that to which it is or will be a party thereto, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party thereto, of this Amendment and the performance by each Loan Party of the Credit Agreement Financing Agreement, as amended hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents in any respect or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable that is necessary to its operations or any of its properties.

Authorization, Etc. The execution, execution and delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party thereto, of this Amendment and the performance by it of this Amendment, the Credit Financing Agreement hereby and the other Loan Documents, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law material Requirement of Law, or (C) any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Third Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, execution and delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party thereto, of this Amendment and the performance by it of the Credit Agreement hereby Financing Agreement, as amended by this Amendment, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law material Requirement of Law, or (C) any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, properties (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary corporate, limited liability company or limited partnership action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Transaction Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Ninth Amendment, and the performance of the Credit Agreement hereby A&R Financing Agreement, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Amendment, and the performance of the Credit Agreement hereby Loan Documents as amended by this Amendment and in connection herewith, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents or of its Governing Documents, any applicable law material Requirement of Law or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by the Borrower of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that to which it is a party theretoparty, and the performance of the Credit Agreement hereby (i) have has been duly authorized by all necessary corporate action, (ii) do does not and will not contravene its charter or by-laws any Loan Party’s Constituent Documents or any other applicable law or any material contractual restriction binding on or otherwise affecting it or any of its propertiesproperties or result in a default under any agreement or instrument to which the Borrower is a party or by which the Borrower or its properties may be subject, (iii) do does not and will not result in or require the creation of any Lien (other than pursuant to any such Loan Document) upon or with respect to any of its properties, and (iv) do does not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Seventh Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by such Loan Party of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoFifth Amendment, and the performance by such Loan Party of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any such Loan Party’s Constituent Documents charter or by-laws, any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Sixth Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Eighth Amendment, and the performance of the Credit Agreement hereby Loan Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Organizational Documents or any applicable law Applicable Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by such Loan Party of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoFourth Amendment, and the performance by such Loan Party of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any such Loan Party’s Constituent Documents charter or by-laws, any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law law, the Senior Subordinated Note Indenture or any material contractual restriction binding on or otherwise affecting it or term of any of its propertiesMaterial Contract, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Eighth Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this Fifth Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its propertiesproperties which could reasonably be expected to have a Material Adverse Effect.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance consummation of the Credit Agreement hereby Transactions, (i) have been duly authorized by all necessary corporate or limited liability company action, (ii) do not and will not contravene any Loan Party’s Constituent Documents or of its Governing Documents, any applicable law Law, any Acquisition Document, any Credit Card Agreement or any material contractual restriction contract binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal non-renewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by each Borrower of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that to which it is a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary corporate action, (ii) do not and will not contravene its charter or by-laws, any Loan Party’s Constituent Documents or any other applicable law or any material contractual restriction binding on or otherwise affecting it or any of its propertiesproperties or result in a default under any agreement or instrument to which a Borrower is a party or by which such Borrower or its properties may be subject, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any such Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoof this First Amendment, and the performance of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent of its Governing Documents or any applicable law Requirement of Law in any material respect or any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. (a) The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law Requirement of Law or (C) any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The Subject to entry of the Interim Order, the execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law Requirement of Law or (C) any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal non-renewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. a. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Loan Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any Loan Party’s Constituent Documents or of its Governing Documents, (B) any applicable law Requirement of Law or (C) any material contractual restriction Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that of each Transaction Document to which it is or will be a party theretoparty, and the performance of the Credit Agreement hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Transaction Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance by such Loan Party of this Waiver and each other Loan Document being executed in connection with this Waiver by each Loan Party that is a party theretoSixth Amendment, and the performance by such Loan Party of the Credit Agreement hereby Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any such Loan Party’s Constituent Documents charter or by-laws, any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.

Authorization, Etc. The execution, delivery and performance of this Waiver Amendment and each other Loan Document being executed in connection with this Waiver Amendment by each Loan Party that is a party thereto, and the performance of the Credit Agreement as amended hereby (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any Loan Party’s Constituent Documents or any applicable law or any material contractual restriction binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan DocumentDocument and other than a Lien in favor of EDC on the Purchased Duty Refund) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any material permit, license, authorization or approval applicable to its operations or any of its properties.