Common use of Authorization; No Conflict; Consents and Approvals Clause in Contracts

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s performance of its obligations hereunder and under the other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 13 contracts

Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)

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Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens Liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite limited liability company action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement Agreements or any indenture or material agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the Mortgaged Property property or assets of Borrower pursuant to, any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 5 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan DocumentsDocuments to which it is a party, Borrower’s performance of its obligations hereunder and under the such other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite limited liability company action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or material agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by each Borrower and Guarantor of this Agreement, the Note Note, the Guaranty and each of the other Loan Documents, Borrower’s the performance by each Borrower and Guarantor of its its/his (as applicable) respective obligations hereunder and under the other Loan Documents thereunder, as applicable, and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of each Borrower, (ii) will not violate any provision of any Legal Requirements, (iii) will not violate any order of any court or other Governmental Authority, the Organizational Agreement Documents or any indenture or agreement or other instrument to which any Borrower is a party or by which any Borrower or any Guarantor is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged any Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, neither any Borrower nor any Guarantor is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrowerany Borrower and/or any Guarantor.

Appears in 2 contracts

Samples: Loan Agreement (GTJ REIT, Inc.), Loan Agreement (GTJ REIT, Inc.)

Authorization; No Conflict; Consents and Approvals. The -------------------------------------------------- execution and delivery by each Member, Borrower and Restricted Subsidiary of this Agreementeach Loan Document to which it is a party, the Note and each of the other Loan Documents, Borrower’s its performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in Liens granted by it pursuant to this Agreement and the other Loan Documents to which it is a party and the consummation of the Transaction (i) have been duly authorized by all requisite action on the part of Borrowerlimited partnership, limited liability company or corporate action, (ii) will not violate (A) their respective formation documents, or (B) any provision of any Legal RequirementsRequirements or Environmental Laws, any order of any court or other Governmental Authority, the Organizational Agreement or or, except as set forth in Schedule 7, ---------- any indenture or material agreement or other instrument to which Borrower any of them is a party or by which Borrower any such entity is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever (other than Permitted Liens) upon any of the Mortgaged Property property or assets of any such entity pursuant to, any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those obtained or filed on or prior to the Closing Date, Borrower no such party is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency or court in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note Agreement or the other Loan Documents executed and delivered by BorrowerDocuments.

Appears in 1 contract

Samples: Pledge Agreement (Cabot Industrial Trust)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by each Borrower and Guarantor of this Agreement, the Note and each of the other Loan DocumentsDocuments to which it is a party, each Borrower’s 's and Guarantor's performance of its respective obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of BorrowerBorrower and Guarantor, as the case may be, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement Documents of Borrower or Guarantor, respectively, or any indenture or material agreement or other material instrument to which Borrower and/ or Guarantor is a party or by which Borrower and/or Guarantor is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the Mortgaged Property property or assets of Borrower or Guarantor pursuant to, to any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those obtained or filed on or prior to the Closing Date, no Borrower or Guarantor is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by BorrowerBorrower or Guarantor on or prior to the Closing Date.

Appears in 1 contract

Samples: Loan Agreement (Kranzco Realty Trust)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s 's performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite limited liability company action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or material agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the Mortgaged Property property or assets of Borrower pursuant to, any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Asset Investors Corp)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by each Borrower and each Guarantor of this Agreement, the Note Notes, the Guaranty and each of the other Loan Documents, Borrower’s the performance by each Borrower and each Guarantor of its its/his (as applicable) respective obligations hereunder and under the other Loan Documents thereunder, as applicable, and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of each Borrower, (ii) will not violate any provision of any Legal Requirements, (iii) will not violate any order of any court or other Governmental Authority, the Organizational Agreement Documents or any indenture or agreement or other instrument to which any Borrower is a party or by which any Borrower or any Guarantor is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged any Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, neither any Borrower nor any Guarantor is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note Notes or the other Loan Documents executed and delivered by Borrowerany Borrower and/or any Guarantor.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by the Borrower of this Agreement, the Note Note, the Borrower Mortgage, the Collateral Assignments of Mortgage and each of the other Loan Documents, the Borrower’s 's performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens Liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite corporate action on the part of the Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement Borrower's organizational documents or any indenture or material agreement or other instrument to which the Borrower is a party or by which the Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the Mortgaged Property property or assets of the Borrower pursuant to, any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those obtained or filed on or prior to the Closing Date, the Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.any

Appears in 1 contract

Samples: Loan Agreement (Echelon International Corp)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s 's performance of its obligations hereunder and under the other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or, except for any violations which would not reasonably be expected to have a Material Adverse Effect on Borrower or the Mortgaged Property, agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

Authorization; No Conflict; Consents and Approvals. (i) The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan DocumentsDocuments to which it is a party, Borrower’s 's performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Terremark Worldwide Inc)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan DocumentsDocuments to which it is a party, Borrower’s performance of its obligations hereunder and under the other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party they are parties: (i) have been duly authorized by all requisite action on the part of Borrower, action; (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument or, except for any violations which would not reasonably be expected to which Borrower is have a party or by which Borrower is bound, Material Adverse Effect; and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, and those to be obtained or filed in the ordinary course and conduct of Borrower’s business at the Mortgaged Property, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrowerit.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

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Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s 's performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or material agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documentsinstrument. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s 's performance of its obligations hereunder and under the other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Affordable Residential Communities Inc)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by the Borrower of this Agreement, the Note Note, the Mortgage, the Assignment of Leases and Rents and each of the other Loan DocumentsDocuments to which it is a party, Borrower’s performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrowerlimited liability company action, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Organization Agreement or other comparable organizational document of the Borrower or any indenture or material agreement or other instrument to which the Borrower is a party or by which the Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the Mortgaged Property property or assets of the Borrower pursuant to, any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those previously obtained or filed on or prior to the Closing Datefiled, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note Note, the Mortgage or the other Loan Documents executed and delivered by Borrowerit on or prior to the Closing Date.

Appears in 1 contract

Samples: Loan Agreement (Ocwen Asset Investment Corp)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower and Operating Lessee of this Agreement, the Note and each of the other Loan DocumentsDocuments to which they are parties, Borrower’s and Operating Lessee’s performance of its their obligations hereunder and under the other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party they are parties: (i) have been duly authorized by all requisite action on the part of Borrower, action; (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument or, except for any violations which would not reasonably be expected to which Borrower is have a party or by which Borrower is bound, Material Adverse Effect; and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, and those to be obtained or filed in the ordinary course and conduct of Borrower’s business at the Mortgaged Property, neither Borrower nor Operating Lessee is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrowerit.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower is a party or by which Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (American Financial Realty Trust)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, General Partner and 4200 Holdings, as applicable, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument to which Borrower Borrower, General Partner or 4200 Holdings is a party or by which Borrower Borrower, General Partner or 4200 Holdings is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, Borrower is not neither Borrower, General Partner nor 4200 Holdings are required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by BorrowerBorrower or 4200 Holdings.

Appears in 1 contract

Samples: Loan Agreement (Gramercy Capital Corp)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by Borrower of this Agreement, the Note and each of the other Loan Documents, Borrower’s performance of its obligations hereunder and under the other Loan Documents and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borrower, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Agreement or any indenture or agreement or other instrument or, except for any violations which would not reasonably be expected to which Borrower is have a party or by which Borrower is boundMaterial Adverse Effect, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon the Mortgaged Property pursuant to, any such indenture or agreement or material instrument other than the Loan Documents. Other than those obtained or filed on or prior to the Closing Date, and those to be obtained or filed in the ordinary course and conduct of Borrower’s business at the Mortgaged Property, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Note or the other Loan Documents executed and delivered by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

Authorization; No Conflict; Consents and Approvals. The execution and delivery by the Borrower of this Agreement, the Global Note and each of the other Loan DocumentsDocuments to which it is a party, Borrower’s performance of its obligations hereunder and under the other Loan Documents thereunder and the creation of the security interests and liens provided for in this Agreement and the other Loan Documents to which it is a party (i) have been duly authorized by all requisite action on the part of Borroweraction, (ii) will not violate any provision of any Legal Requirements, any order of any court or other Governmental Authority, the Organizational Organization Agreement of the Borrower or any indenture or material agreement or other instrument to which the Borrower is a party or by which the Borrower is bound, and (iii) will not be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the Mortgaged Property property or assets of the Borrower pursuant to, any such indenture or material agreement or material instrument other than the Loan Documentsinstrument. Other than those previously obtained or filed on or prior to the Closing Datefiled, Borrower is not required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any Governmental Authority or other agency in connection with or as a condition to the execution, delivery or performance of this Agreement, the Global Note or the other Loan Documents executed and delivered by Borrowerit on or prior to the Advance Closing Date.

Appears in 1 contract

Samples: Loan Agreement (Ocwen Asset Investment Corp)

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