Common use of Binding Obligation/No Conflict Clause in Contracts

Binding Obligation/No Conflict. This Agreement and the other agreements and documents to be executed and delivered by AAPH pursuant to the provisions of this Agreement have been duly authorized, executed and delivered by AAPH and are valid and binding obligations of AAPH, enforceable in accordance with their respective terms. Neither the execution and delivery by AAPH of this Agreement and such other agreements and documents, nor the consummation by it of the transactions contemplated hereby or thereby or the performance by it of the covenants provided for herein and therein will: (a) conflict with or violate any provision of the Certificate of Incorporation or Bylaws of AAP or AAPH, or of any law, ordinance or regulation or any judgment, writ, injunction, decree or order of any court or administrative or other governmental body which is applicable to, binding upon or enforceable against AAP and AAPH or either of them; (b) upon obtaining consents of the parties specified in SCHEDULE 3.5, result in any breach of or default under any mortgage, contract, indenture, will, trust or other instrument which is either binding upon or enforceable against AAP and AAPH or either of them; or (c) cause, or give any person grounds to cause (with or without notice, the passage of time or both), the maturity of any liability or obligation of AAP or AAPH or either of them to be accelerated or increased. No permit, consent, approval or authorization of, or declaration to or filing with, any regulatory or other governmental authority is required in connection with the execution and delivery by AAPH of this Agreement or such other agreements and documents or the consummation by AAPH of the transactions contemplated hereby or thereby or the performance by AAPH of the covenants provided for herein or therein.

Binding Obligation/No Conflict. This Agreement and the other agreements and documents to be executed and delivered by AAPH FCEI pursuant to the provisions of this Agreement have been duly authorized, executed and delivered by AAPH FCEI and are valid and binding obligations of AAPHFCEI, enforceable in accordance with their respective terms. Neither the execution and delivery by AAPH FCEI of this Agreement and such other agreements and documents, nor the consummation by it of the transactions contemplated hereby or thereby or the performance by it of the covenants provided for herein and therein will: (a) conflict with or violate any provision of the Certificate Articles of Incorporation or Bylaws of AAP or AAPHFCEI, or of any law, ordinance or regulation or any judgment, writ, injunction, decree or order of any court or administrative or other governmental body which is applicable to, binding 15 upon or enforceable against AAP and AAPH or either of themFCEI; (b) upon obtaining consents of the parties specified in SCHEDULE 3.5Schedule 4.7, result in any breach of or default under any mortgage, contract, indenture, will, trust or other instrument which is either binding upon or enforceable against AAP and AAPH or either of themFCEI; or (c) cause, or give any person grounds to cause (with or without notice, the passage of time or both), the maturity of any liability or obligation of AAP or AAPH or either of them FCEI to be accelerated or increased. No Other than as provided for herein, no permit, consent, approval or authorization of, or declaration to or filing with, any regulatory or other governmental authority is required in connection with the execution and delivery by AAPH FCEI of this Agreement or such other agreements and documents or the consummation by AAPH FCEI of the transactions contemplated hereby or thereby or the performance by AAPH FCEI of the covenants provided for herein or therein.

Binding Obligation/No Conflict. This Agreement and the other agreements and documents to be executed and delivered by AAPH FCEI pursuant to the provisions of this Agreement have been duly authorized, executed and delivered by AAPH FCEI and are valid and binding obligations of AAPHFCEI, enforceable in accordance with their respective terms. Neither the execution and delivery by AAPH FCEI of this Agreement and such other agreements and documents, nor the consummation by it of the transactions contemplated hereby or thereby or the performance by it of the covenants provided for herein and therein will: (a) conflict with or violate any provision of the Certificate Articles of Incorporation or Bylaws of AAP or AAPHFCEI, or of any law, ordinance or regulation or any judgment, writ, injunction, decree or order of any court or administrative or other governmental body which is applicable to, binding upon or enforceable against AAP and AAPH or either of themFCEI; (b) upon obtaining consents of the parties specified in SCHEDULE 3.54.7, result in any breach of or default under any mortgage, contract, indenture, will, trust or other instrument which is either binding upon or enforceable against AAP and AAPH or either of themFCEI; or (c) cause, or give any person grounds to cause (with or without notice, the passage of time or both), the maturity of any liability or obligation of AAP or AAPH or either of them FCEI to be accelerated or increased. No Other than as provided for herein, no permit, consent, approval or authorization of, or declaration to or filing with, any regulatory or other governmental authority is required in connection with the execution and delivery by AAPH FCEI of this Agreement or such other agreements and documents or the consummation by AAPH FCEI of the transactions contemplated hereby or thereby or the performance by AAPH FCEI of the covenants provided for herein or therein.

Binding Obligation/No Conflict. This Agreement and the other agreements and documents to be executed and delivered by AAPH pursuant to the provisions of this Agreement have been duly authorized, executed and delivered by AAPH and are valid and binding obligations of AAPH, enforceable in accordance with their respective terms. Neither the execution and delivery by AAPH of this Agreement and such other agreements and documents, nor the consummation by it of the transactions contemplated hereby or thereby or the performance by it of the covenants provided for herein and therein will: (a) conflict with or violate any provision of the Certificate of Incorporation or Bylaws of AAP or AAPH, or of any law, ordinance or regulation or any judgment, writ, injunction, decree or order of any court or administrative or other governmental body which is applicable to, binding upon or enforceable against AAP and AAPH or either of them; (b) upon obtaining consents of the parties specified in SCHEDULE Schedule 3.5, result in any breach of or default under any mortgage, contract, indenture, will, trust or other instrument which is either binding upon or enforceable against AAP and AAPH or either of them; or (c) cause, or give any person grounds to cause (with or without notice, the passage of time or both), the maturity of any liability or obligation of AAP or AAPH or either of them to be accelerated or increased. No permit, consent, approval or authorization of, or declaration to or filing with, any regulatory or other governmental authority is required in connection with the execution and delivery by AAPH of this Agreement or such other agreements and documents or the consummation by AAPH of the transactions contemplated hereby or thereby or the performance by AAPH of the covenants provided for herein or therein.