Borrowing is Legal and Authorized. (a) The Executive Committee of the Board of Directors of the Company has duly authorized the execution and delivery of the Loan Documents, and the Loan Documents constitute valid and binding obligations of the Company enforceable in accordance with their respective terms, subject to applicable bankruptcy, insolvency, moratorium and other similar laws affecting creditors' rights generally; and (b) the execution of the Loan Documents and the compliance by the Company with the applicable provisions thereof (i) are within the corporate powers of the Company, and (ii) are legal and will not conflict with, result in any breach in any of the provisions of, constitute a default under, or result in the creation of any lien or encumbrance upon any property of the Company under the provisions of, any agreement, charter instrument, bylaw or other instrument to which the Company is a party or by which it is bound.
Borrowing is Legal and Authorized. All necessary limited liability company action has been taken in order to duly authorize each Borrower's execution and delivery of this Agreement and the other Loan Documents; (a) this Agreement and the other Loan Documents constitute valid and binding obligations enforceable in accordance with their respective terms; (b) the execution of this Agreement and the other Loan Documents and the compliance with all the provisions of the Loan Documents (i) are within the organizational powers of each Borrower, and (ii) will not conflict with, result in any breach in any of the provisions of, constitute a default under, or result in the creation of any Lien (other than a Permitted Lien) upon any property of any Borrower under the provisions of any agreement, charter instrument, bylaw, or other instrument to which any Borrower is a party or by which it may be bound; and (c) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust or other agreement or instrument to which any Borrower is now a party or by which any Borrower may be bound with respect to the payment of any Indebtedness, or, to the extent applicable, the ability of any Borrower to incur Indebtedness, including any agreements or instruments to be executed in connection with this Agreement.
Borrowing is Legal and Authorized. (a) The Board of Directors of Borrower has duly authorized the execution and delivery of this Agreement and the Note, Loan Documents and documents contemplated herein and executed in connection with this Agreement will constitute legal, valid and binding obligations of Borrower enforceable in accordance with their terms, except as enforcement is subject to equitable and other limitations applied by courts, and debtor’s rights generally.
Borrowing is Legal and Authorized. (a) The Board of Directors, or other equivalent body, of each Company has duly authorized the execution and delivery of this Agreement and of the notes and documents contemplated herein; (b) this Agreement, the notes and other documents executed in connection with this Agreement will constitute valid and binding obligations of each Company enforceable in accordance with their respective terms; (c) the execution of this Agreement and related notes and documents and the compliance by each Company with all the provisions of this Agreement (i) are within the legal and organizational powers of each Company; and (ii) are legal and will not conflict with, result in any breach in any provision of, constitute a default under, or result in the creation of any lien or encumbrance upon any property of each Company (other than in favor of the Bank) under the provisions of, any agreement, charter instrument, bylaw, or other instrument to which said Company is a party or by which it may be bound; and (d) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust, or other agreement or instrument to which each Company is now a party or by which each Company may be bound with respect to the payment of principal or interest on any indebtedness, or each Company's ability to incur indebtedness, including the Note to be executed in connection with this Agreement.
Borrowing is Legal and Authorized. (a) The Board of Directors of each Company has duly authorized the execution and delivery of this Agreement and of the notes, and documents contemplated herein; this Agreement, the notes and other documents executed in connection with this Agreement will constitute valid and binding obligations of each Company enforceable in accordance with their respective terms; (b) the execution of this Agreement and related notes and documents and the compliance by each Company with all the provisions of this Agreement (i) are within the corporate powers of each Company, and (ii) are legal and will not conflict with, result in any breach in any of the provisions of, constitute a default under, or result in the creation of any lien or encumbrance upon any property of either Company under the provisions of, any agreement, charter instrument, bylaw, or other instrument to which either Company is a party or by which either Company may be bound; (c) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust, or other agreement or instrument to which either Company is now a party or by which either Company may be
Borrowing is Legal and Authorized. (a) The partners of Borrower have duly authorized the execution and delivery of the Loan Documents to which it is a party and such Loan Documents will constitute valid and binding obligations of Borrower enforceable in accordance with their respective terms.
Borrowing is Legal and Authorized. (a) The Manager of the Borrower has duly authorized the execution and delivery of this Agreement and of the Loan Documents and other related documents contemplated herein; this Agreement, the Loan Documents and other documents executed in connection with this Agreement will constitute valid and binding obligations of the Borrower enforceable in accordance with their respective terms; (b) the execution of this Agreement and Loan Documents and documents and the compliance by the Borrower with all the provisions of this Agreement (i) are within the powers of the Borrower; and (ii) are legal and will not conflict with, result in any breach in any of the provisions of, constitute a default under, or result in the creation of any lien or encumbrance upon any property of the Borrower under the provisions of any agreement, charter instrument, article of organization, operating agreement, bylaw, or other instrument to which the Borrower is a party or by which it may be bound; (c) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust or other agreement or instrument to which the Borrower is now a party or by which the Borrower may be bound with respect to the payment of principal or interest on any indebtedness, or the Borrower's ability to incur indebtedness including the Loan Documents and other documents to be executed in connection with this Agreement.
Borrowing is Legal and Authorized. (a) The Board of Directors of the Borrower has duly authorized the execution and delivery of this Agreement and of the Notes and documents contemplated herein, and this Agreement, the Notes and other documents executed in connection with this Agreement will constitute valid and binding obligations of the Borrower enforceable in accordance with their respective terms; (b) the execution of this Agreement and the Notes and related documents and the compliance by the Borrower with all the provisions of this Agreement (i) are within the corporate powers of the Borrower, and (ii) are legal and will not conflict with, result in any breach in any of the provisions of, constitute a default under, or result in the creation of any lien or encumbrance upon any property of the Borrower under the provisions of,
Borrowing is Legal and Authorized. (a) The Boards of Directors of the Company have duly authorized the execution and delivery of this Agreement and of the Note and documents contemplated herein, and the Note executed in connection with this Agreement will constitute valid and binding obligations of the Company enforceable in accordance with its terms.
Borrowing is Legal and Authorized. (a) The Board of Directors of the Borrower has duly authorized the execution and delivery of this Agreement and of the notes and documents contemplated herein; this Agreement, the notes and other documents executed in connection with this Agreement will constitute valid and binding obligations enforceable in accordance with their respective terms; (b) the execution of this Agreement and related notes and documents and the compliance with all the provisions of this Agreement (i) are within the corporate powers of the Borrower; and (ii) are legal and except for the liens created hereby will not conflict with, result in any breach in any of the provisions of, constitute a default under, or result in the creation of any lien or encumbrance upon any property of the Borrower under the provisions of, any agreement, charter instrument, bylaw, or other instrument to which the Borrower is a party or by which it may be bound; (c) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust or other agreement or instrument to which the Borrower is now a party or by which the Borrower may be bound with respect to the payment of principal or interest on any indebtedness, or the Borrower's ability to incur indebtedness including the notes to be executed in connection with this Agreement.
