CAPACITY; INCONSISTENT OBLIGATIONS. Except as set forth in the Disclosure Memorandum, the execution, delivery and performance of this Agreement and each of the documents hereunder to which any Company Shareholder or the Company is a party will not (i) result in a violation of the Company's Charter Documents or bylaws, or any Law, or (ii) result in a breach of, conflict with or default under any term or provision of any indenture, note, mortgage, bond, security agreement, loan agreement, guaranty, pledge, or other instrument, contract, agreement or commitment or any Order, to which the Company or any Company Shareholder is a party or by which any of them or any of their respective assets and properties, including, without limitation, the Company Shares, is subject or bound; nor will such actions result in (A) the creation of any Lien on any of the Company Shares or any of the Company's assets or properties, (B) the acceleration or creation of any Liability of the Company, (C) the forfeiture of any right or privilege of the Company, or (D) the forfeiture of any right or privilege of any Company Shareholder which may affect such Company Shareholder's ability to perform under this Agreement.
CAPACITY; INCONSISTENT OBLIGATIONS. (a) TowerCo has the corporate power and authority to execute and deliver the Transaction Documents to which it is a party and to perform and comply with the Transaction Documents to which it is a party in accordance with their respective terms. The Transaction Documents to which TowerCo is a party have been duly and validly executed and delivered by TowerCo and constitute the valid and legally binding obligations of TowerCo subject to general equity principles, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally.
CAPACITY; INCONSISTENT OBLIGATIONS. (a) Summus and each Stockholder has the full right, power and legal capacity to execute, deliver and perform his or its obligations under this Agreement and the Other Agreements to which Summus or such Stockholder is a party. This Agreement and the Other Agreements have been duly and validly executed and delivered by Summus and each such Stockholder and constitute the valid and legally binding obligations of Summus and each such Stockholder, subject to general equity principles, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency or similar Laws affecting the rights of creditors generally.
CAPACITY; INCONSISTENT OBLIGATIONS. (a) Each Shareholder has the full right, power and legal capacity to execute, deliver and perform his obligations under this Agreement and the Other Agreements to which such Shareholder is a party. This Agreement and the Other Agreements have been duly and validly executed and delivered by such Shareholder and constitute the valid and legally binding obligations of such Shareholder, subject to general equity principles, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency or similar Laws affecting the rights of creditors generally.
CAPACITY; INCONSISTENT OBLIGATIONS. 32 7.4 Consents........................................................................................ 33 7.5 No Violation; Compliance with Laws.............................................................. 33 7.6 Liabilities..................................................................................... 33 7.7
CAPACITY; INCONSISTENT OBLIGATIONS. (a) Each Sublessor Entity has, or will have, prior to the first Closing in which any of its Sites is included, the corporate power and authority to execute and deliver the Transaction Documents to which it is a party and to perform and comply with the Transaction Documents to which such Sublessor Entity is a party in accordance with their respective terms. The Transaction Documents to which each Sublessor Entity is a party have been, or will be, prior to the first Closing in which any of its Sites is included, duly and validly executed and delivered by such Sublessor Entity and constitute, or will constitute, prior to the first Closing in which any of its Sites is included, the valid and legally binding obligations of such Sublessor Entity subject to general equity principles, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally.
CAPACITY; INCONSISTENT OBLIGATIONS. (a) CCIC has the corporate power ---------------------------------- and authority to execute and deliver the Transaction Documents to which it is a party and to perform and comply with the Transaction Documents to which it is a party in accordance with their respective terms. The Transaction Documents to which CCIC is a party have been duly and validly executed and delivered by CCIC and constitute the valid and legally binding obligations of CCIC subject to general equity principles, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally.
CAPACITY; INCONSISTENT OBLIGATIONS. (a) The Shareholders have the full right, power and authority to execute, deliver, and perform and comply with, this Agreement. This Agreement has been duly and validly executed and delivered by Shareholders and Trans-Mex and constitute the valid and legally binding obligations of both, subject to general equity principles, enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency or similar Laws affecting the rights of creditors generally.
CAPACITY; INCONSISTENT OBLIGATIONS. (a) Each Shareholder has the full right, power and authority to execute and deliver this Agreement and the Other Agreements to which he is a party and to perform and comply with this Agreement and the Other Agreements to which he is a party. This Agreement and the Other Agreements to which any Shareholder is a party have been duly and validly executed and delivered by such Shareholder and constitute the valid and legally binding obligations of such Shareholder, enforceable in accordance with their respective terms.
CAPACITY; INCONSISTENT OBLIGATIONS. The execution, delivery and performance of this Agreement and the Other Agreements to which the Company is a party will not (i) result in a violation of the Company's articles or certificate of organization and operating agreement or other charter documents, or any Law, or (ii) result in a breach of, conflict with or default under any term or provision of any indenture, note, mortgage, bond, security agreement, loan agreement, guaranty, pledge, or other instrument, contract, agreement or commitment or any Order, to which the Company is a party or by which it or any of its assets and properties is subject or bound; nor will such actions result in (w) the creation of any Lien on any of the Acquired Assets, (x) the acceleration or creation of any Liability of the Company, or (y) the forfeiture of any right or privilege of the Company.
