Common use of Borrowing is Legal and Authorized Clause in Contracts

Borrowing is Legal and Authorized. The Executive Committee of the Board of Directors of the Company 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 Company enforceable in accordance with their respective terms; (b) the execution of this Agreement and the Notes and all documents and the compliance by the Company with all the provisions of this Agreement (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 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 Company is now a party or by which the Company may be bound (except those in favor of Huntington) with respect to the payment of principal or interest on any indebtedness, or the Company's ability to incur indebtedness, including the Notes to be executed in connection with this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Metatec International Inc)

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Borrowing is Legal and Authorized. (a) The Executive Committee of the Board of Directors Directors, or other equivalent body, of the each Company has duly authorized the execution and delivery of this Agreement and of the Notes notes and documents contemplated herein, and ; (b) this Agreement, the Notes notes and other documents executed in connection with this Agreement will constitute valid and binding obligations of the each Company enforceable in accordance with their respective terms; (bc) the execution of this Agreement and the Notes related notes and all documents and the compliance by the each Company with all the provisions of this Agreement (i) are within the corporate or limited liability company powers of the each Company; and (ii) are legal and will not conflict with, result in any breach in any of the provisions 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 Company Bank) under the provisions of, any agreement, charter instrument, bylaw, or other instrument to which the said Company is a party or by which it may be bound; and (cd) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust trust, or other agreement or instrument to which the each Company is now a party or by which the each Company may be bound (except those in favor of Huntington) with respect to the payment of principal or interest on any indebtedness, or the each Company's ability to incur indebtedness, including the Notes Note to be executed in connection with this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexford Inc)

Borrowing is Legal and Authorized. (a) The Executive Committee of the Board of Directors Directors, or other equivalent body, of the each Company has duly authorized the execution and delivery of this Agreement and of the Notes notes and documents contemplated herein, and ; (b) this Agreement, the Notes notes and other documents executed in connection with this Agreement will constitute valid and binding obligations of the each Company enforceable in accordance with their respective terms; (bc) the execution of this Agreement and the Notes related notes and all documents and the compliance by the each Company with all the provisions of this Agreement (i) are within the corporate legal and organizational powers of the each Company; and (ii) are legal and will not conflict with, result in any breach in any of the provisions 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 Company Bank) under the provisions of, any agreement, charter instrument, bylaw, or other instrument to which the said Company is a party or by which it may be bound; and (cd) there are no limitations in any indenture, contract, agreement, mortgage, deed of trust trust, or other agreement or instrument to which the each Company is now a party or by which the each Company may be bound (except those in favor of Huntington) with respect to the payment of principal or interest on any indebtedness, or the each Company's ability to incur indebtedness, including the Notes Note to be executed in connection with this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexford Residential Trust /Md/)

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 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 Company enforceable in accordance with their respective terms; (b) the execution of this Agreement and the Notes and all documents and the compliance by the Company with all the provisions of this Agreement (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 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 Company is now a party or by which the Company may be bound (except those in favor of Huntington) with respect to the payment of principal or interest on any indebtedness, or the Company's ability to incur indebtedness, including the Notes to be executed in connection with this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Metatec Corp)

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Borrowing is Legal and Authorized. (a) The Executive Committee of the Board of Directors of the Company Borrower has duly authorized the execution and delivery of this Agreement and of the Notes notes and documents contemplated herein, and ; this Agreement, the Notes notes and other documents executed in connection with this Agreement will constitute valid and binding obligations of the Company enforceable in accordance with their respective terms; (b) the execution of this Agreement and the Notes related notes and all documents and the compliance by the Company with all the provisions of this Agreement (i) are within the corporate powers of the CompanyBorrower; 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 Company Borrower under the provisions of, any agreement, charter instrument, bylaw, or other instrument to which the Company 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 Company Borrower is now a party or by which the Company Borrower may be bound (except those in favor of Huntington) with respect to the payment of principal or interest on any indebtedness, or the CompanyBorrower's ability to incur indebtedness, indebtedness including the Notes notes to be executed in connection with this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Aironet Wireless Communications Inc)

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