Capacity and authorisation. The entry into and performance by each of the Account Party and the other Obligors of this Agreement and the other Finance Documents are, so far as it is aware and having made due enquiry, within the corporate powers of the Account Party and those Obligors and have been duly authorised by all necessary corporate actions and approvals.
Capacity and authorisation the Issuer has full power and capacity:
(a) to create and issue the Notes; and
(b) to execute the Issuing and Paying Agency Agreement, the Deed of Covenant and each Relevant Agreement, and in each case to undertake and perform the obligations expressed to be assumed by it herein and therein, and that the Issuer has taken all necessary action to approve and authorise the same;
Capacity and authorisation. 2.2.1 Each Luxembourg Obligor has the capacity and power to enter into each of the Transaction Documents to which it is a party and to exercise its rights and to perform its obligations under those Transaction Documents.
2.2.2 All necessary corporate action has been taken to enable the Luxembourg Obligors validly to enter into and to perform their obligations under the Transaction Documents to which they are a party.
Capacity and authorisation the execution, delivery and performance by it of this Agreement or of any other Transaction Document to which it is a party and any other documents to be delivered by it hereunder:
(i) are within its corporate powers;
(ii) have been duly authorised by all necessary corporate action;
(iii) do not contravene:
(A) its articles of association;
(B) any law, rule or regulation applicable to it;
(C) any contractual restriction binding on or affecting it or its property; or
(D) any order, writ, judgment, award, injunction or decree binding on or affecting it or its property; and
(iv) do not result in or require the creation of any lien, security interest or other charge or encumbrance upon or with respect to any of its properties. This Agreement has been duly executed and delivered by it;
Capacity and authorisation. The entry into and performance by the Borrower of this Agreement and the other Finance Documents and the Charters to which it is (or is to become) a party are within the corporate powers of the Borrower and have been duly authorised by all necessary corporate actions and approvals. In entering into this Agreement and the other relevant Finance Documents and Charters the Borrower is acting on its own account and not as agent or nominee of any person.
Capacity and authorisation. The Luxembourg Obligor has the capacity and power to enter into the Credit Amendment Agreement and to perform its obligations under the Credit Amendment Agreement.
Capacity and authorisation. The entry into and performance by the Borrower of this Agreement and the other Security Documents and the Underlying Documents are within the corporate powers of the Borrower and have been duly authorised by all necessary corporate actions and approvals. In entering into this Agreement and the other Security Documents the Borrower is acting on its own account and not as agent or nominee of any person.
Capacity and authorisation. The Seller:
(a) is a company properly incorporated and validly existing under the laws of the country or jurisdiction of its incorporation; and
(b) has the legal right and full corporate power and capacity to:
(i) execute and deliver this agreement; and
(ii) perform its obligations under this agreement and each transaction effected by or made under this agreement.
Capacity and authorisation. The Buyer:
(a) is a company properly incorporated and validly existing under the laws of the country or jurisdiction of its incorporation; and
(b) has the legal right and full corporate power and capacity to:
(i) execute and deliver this agreement; and
(ii) perform its obligations under this agreement and each transaction effected by or made under this agreement.
Capacity and authorisation the execution, delivery and performance by it of this Agreement and each other Transaction Document to which it is a party and any other documents to be delivered by it hereunder (i) are within its corporate powers, (ii) have been duly authorised by all necessary corporate action, (iii) do not contravene (a) its articles of association, (b) any law, rule or regulation applicable to it, (c) any contractual restriction binding on or affecting it or its property (unless such contravention would not have a Material Adverse Affect) or (d) any order, writ, judgement, award, injunction or decree binding on or affecting it or its property; and it has duly executed and delivered this Agreement and each other Transaction Document to which it is a party;
