Common use of Capacity of the Members Clause in Contracts

Capacity of the Members. As of the Effective Date, each Member warrants and represents to the other that: (a) it is a corporation or limited partnership, as the case may be, duly organized and in good standing in its state of incorporation or partnership organization and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and all corporate, partnership and other actions and consents required to authorize it to enter into and perform this Agreement have been properly taken or obtained; (c) it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Capacity of the Members. As of the Effective Date, each Member warrants and represents to the other that: (a1) it is a corporation or limited partnership, as the case may be, duly organized and in good standing in its state of incorporation or partnership organization and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b2) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and all corporate, partnership and other actions and consents required to authorize it to enter into and perform this Agreement have been properly taken or obtained; (c3) it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d4) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Capacity of the Members. As of the Effective Date, each Member warrants and represents to the other that: (a) it is a corporation or limited partnership, as the case may be, duly organized and in good standing in its state of incorporation or partnership organization and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this is Agreement and all transactions contemplated herein and all corporate, partnership and other actions and consents required to authorize it to enter into and perform this Agreement have been properly taken or obtained; (c) it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Capacity of the Members. As of the Effective DateDate of this Agreement, each Member warrants and represents to the other that: (a1) it is a corporation or limited partnership, as the case may be, duly organized and in good standing in its state of incorporation or partnership organization formation and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b2) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and all corporate, partnership and other actions and consents required to authorize it to enter into and perform this Agreement have been properly taken or obtained; (c3) it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d4) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Capacity of the Members. As of the Effective Date, each Member warrants and represents to the other that: (a) : it is a corporation or limited partnership, as the case may be, duly organized and in good standing in its state of incorporation or partnership organization and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) ; it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and all corporate, partnership and other actions and consents required to authorize it to enter into and perform this Agreement have been properly taken or obtained; (c) ; it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) and this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Capacity of the Members. As of the Effective Date, each Member warrants and represents to the other that: (a) it It is a corporation or limited partnership, as the case may be, duly organized and in good standing in its state of incorporation or partnership organization formation and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) it It has the capacity to enter into and perform this Agreement and all transactions contemplated herein and all corporate, partnership and other actions and consents required to authorize it to enter into and perform this Agreement have been properly taken or obtained; (c) it It will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) this This Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.