Common use of Corporate and Governmental Authorization; No Contravention Clause in Contracts

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such Borrower of this Agreement and the Notes are within such Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such Borrower or result in the creation or imposition of any Lien on any asset of such Borrower or any of its Material Subsidiaries.

Appears in 5 contracts

Samples: Amendment No. 4 and Consent (Piedmont Natural Gas Co Inc), Amendment No. 3 and Consent (Duke Energy Ohio, Inc.), Credit Agreement Amendment (Duke Energy Carolinas, LLC)

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Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such Borrower of this Agreement and the Notes are within such Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority governmental body, agency or official (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such Borrower or result in the creation or imposition of any Lien on any asset of such Borrower or any of its Material Subsidiaries.

Appears in 4 contracts

Samples: Credit Agreement (Duke Energy CORP), Credit Agreement (Duke Energy CORP), Credit Agreement (Duke Energy CORP)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes are within such the Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such the Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Duke Energy CORP), Credit Agreement (Duke Energy CORP), Term Loan Credit Agreement (Piedmont Natural Gas Co Inc)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement Agreement, the Notes and the Notes other Loan Documents (i) are within such the Borrower’s 's corporate powers, (ii) have been duly authorized by all necessary company corporate action, (iii) require no action by or in respect of, or filing with, any Governmental Authority governmental body, agency or official (except for consentsother than the filing of this Agreement with the Securities and Exchange Commission), authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect(iv) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles certificate of incorporation, incorporation or by-laws, certificate laws of formation or the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or any of its Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 3 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Term Loan Credit Agreement (Carmike Cinemas Inc), Credit Agreement (Carmike Cinemas Inc)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes each Loan Document to which it is a party are within such the Borrower’s corporate powers, have been duly authorized by all necessary company corporate action, require no action or approval by or in respect of, or (except for informational filings under section 13 or 15(d) of the Exchange Act) filing with, any Governmental Authority (except for consentsgovernmental body, authorizations agency or filings which have been obtained or made, as the case may be, and are in full force and effect) official and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles of incorporation, by-laws, certificate of formation incorporation or by laws of the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 3 contracts

Samples: Credit Agreement (MEADWESTVACO Corp), Credit Agreement (MEADWESTVACO Corp), Credit Agreement (MEADWESTVACO Corp)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such Borrower the Company of this Agreement and the its Notes are within such Borrower’s the Company's corporate powers, have been duly authorized by all necessary company corporate action, require no action by or in respect of, or filing with, any Governmental Authority governmental body, agency or official (except for consentssuch as may be required in connection with the Merger, authorizations or filings which shall have been obtained or made, as not later than the case may be, and are in full force and effectEffective Date) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles certificate of incorporation, incorporation or by-laws, certificate laws of formation or the limited liability company agreement of such Borrower Company or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such Borrower the Company or any of its Subsidiaries or result in the creation or imposition of any Lien on any asset of such Borrower the Company or any of its Material Subsidiaries.

Appears in 3 contracts

Samples: Credit Agreement (Imc Global Inc), 364 Day Credit Agreement (Imc Global Inc), Credit Agreement (Imc Global Inc)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes are within such the Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law Applicable Law or regulation or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such the Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Duke Energy Florida, Llc.), Term Loan Credit Agreement (Duke Energy CORP)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes are within such the Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles of incorporation, by-lawsby‑laws, certificate of formation or the limited liability company agreement of such the Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Progress Energy Inc), Term Loan Credit Agreement (Duke Energy Progress, Llc.)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes are within such the Borrower’s 's corporate powers, have been duly authorized by all necessary company corporate action, require no action by or in respect of, or filing with, any Governmental Authority governmental body, agency or official (except for consents, authorizations or that the Borrower may be required to disclose this Agreement in its filings which have been obtained or made, as with the case may be, Securities and are in full force and effectExchange Commission) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles certificate of incorporation, incorporation or by-laws, certificate laws of formation or the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Nymagic Inc)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such Borrower of this Agreement and the Notes are within such Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation Applicable Law or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such Borrower or result in the creation or imposition of any Lien on any asset of such Borrower or any of its Material Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Duke Energy Florida, Llc.)

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Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such each of the Borrower and its Subsidiaries of this Agreement and the Notes each Financing Document to which it is a party are within the Borrower's and each such Borrower’s Subsidiary's corporate powers, have been duly authorized by all necessary company corporate action, require no action by or in respect of, or filing with, any Governmental Authority (except for consentsgovernmental body, authorizations agency or filings which have been obtained or made, as the case may be, and are in full force and effect) official and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles certificate of incorporation, incorporation or by-laws, certificate laws of formation the Borrower or the limited liability company agreement of any such Borrower Subsidiary or of any material agreement, judgment, injunction, order, decree or other instrument that is material, individually or in the aggregate, and that is binding upon the Borrower or any such Borrower Subsidiary or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Beverly Enterprises Inc)

Corporate and Governmental Authorization; No Contravention. The executionexecution and delivery by the Company of the Transaction Documents, delivery and performance by such Borrower of this Agreement and the Notes and the consummation by the Company of the transactions contemplated thereby are within such Borrower’s the Company's corporate powers, have been duly authorized by all necessary company corporate action, require no action by or in respect of, or filing (except filings under the Exchange Act) with, any Governmental Authority (except for consentsgovernmental body, authorizations agency or filings which have been obtained or made, as the case may be, and are in full force and effect) official and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles certificate of incorporation, incorporation or by-laws, certificate laws of formation or the limited liability company agreement of such Borrower Company or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such Borrower the Company or any of its Subsidiaries or result in the creation or imposition of any Lien on any asset of such Borrower the Company or any of its Material Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (United States Surgical Corp)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes are within such the corporate powers of the Borrower’s powers, have been duly authorized by all necessary company corporate action, require no action by or in respect of, or filing with, any Governmental Authority (except for consentsgovernmental body, authorizations agency or filings which have been obtained or madeofficial, as the case may berequire no consent of any other Person, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles certificate of incorporation, incorporation or by-laws, certificate laws of formation the Borrower or of any agreement or instrument governing Debt of the limited liability company agreement of such Borrower or any Subsidiary or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or any Subsidiary or result in the creation or imposition of any Lien on any material asset of such the Borrower or any of its Material SubsidiariesSubsidiary.

Appears in 1 contract

Samples: Credit Agreement (Texas New Mexico Power Co)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such Borrower of this Agreement and the Notes are within such Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority governmental body, agency or official (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such Borrower or result in the creation or imposition of any Lien on any asset of such Borrower or any of its Material Subsidiaries.

Appears in 1 contract

Samples: Letter of Credit Agreement (Duke Energy Indiana, Inc.)

Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by such the Borrower of this Agreement and the Notes are within such the Borrower’s powers, have been duly authorized by all necessary company action, require no action by or in respect of, or filing with, any Governmental Authority (except for consents, authorizations or filings which have been obtained or made, as the case may be, and are in full force and effect) and do not contravene, or constitute a default under, any provision of applicable law or regulation Applicable Law or of the articles of incorporation, by-laws, certificate of formation or the limited liability company agreement of such the Borrower or of any material agreement, judgment, injunction, order, decree or other instrument binding upon such the Borrower or result in the creation or imposition of any Lien on any asset of such the Borrower or any of its Material Subsidiaries.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Duke Energy Florida, Llc.)

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