Common use of Corporate Authority Etc Clause in Contracts

Corporate Authority Etc. The execution, delivery and performance by the Company of this Agreement, the Security Agreement, the Control Agreement and the Notes have been duly authorized by all necessary corporate action and do not and will not (i) violate any existing provision of any law, rule, regulation (including, without limitation, Regulation U or X of the Board of Governors or the rules and regulations of the SEC or any regulatory commission of any jurisdiction), order, writ, judgment, injunction, decree, determination or award currently in effect having applicability to the Company or any of its Affiliates or of the charter or by-laws of the Company or of any of its Affiliates, (ii) result in a breach of or constitute a default under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Company or any of its Affiliates is a party or by which the Company or any of its Affiliates or any of their respective properties may be bound or affected, or (iii) result in, or require, the creation or imposition of any mortgage, deed of trust, assignment, pledge, lien, security interest or other charge or encumbrance of any nature upon or with respect to any of the respective properties of the Company or any of its Affiliates (other than that arising hereunder or under the Security Agreement with respect to the Collateral); and neither the Company nor any of its Affiliates is in material default under any such law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.

Corporate Authority Etc. The execution, delivery and performance by the Company and each Borrowing Subsidiary of this Agreement, the Security Agreement, the Control Agreement and the Notes have been duly authorized by all necessary corporate action and do not and will not (i) violate any existing provision of any law, rule, regulation (including, without limitation, Regulation U or X of the Board of Governors of the Federal Reserve System or the rules and regulations of the SEC or any regulatory commission of any jurisdiction), order, writ, judgment, injunction, decree, determination or award currently in effect having applicability to the Company or any of its Affiliates or of the charter or by-laws of the Company or of any of its Affiliates, (ii) result in a breach of or constitute a default under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Company or any of its Affiliates is a party or by which the Company or any of its Affiliates or any of their respective properties may be bound or affected, or (iii) result in, or require, the creation or imposition of any mortgage, deed of trust, assignment, pledge, lien, security interest or other charge or encumbrance of any nature upon or with respect to any of the respective properties of the Company or any of its Affiliates (other than that arising hereunder or under the Security Agreement or the Ratable Medium-Term Notes with respect to the Collateral); and neither the Company nor any of its Affiliates is in material default under any such law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.

Corporate Authority Etc. The execution, delivery and performance by the Company of this Agreement, the Security Agreement, the Control Agreement and the Notes have been duly authorized by all necessary corporate action and do not and will not (i) violate any existing provision of any law, rule, regulation (including, without limitation, Regulation U or X of the Board of Governors of the Federal Reserve System or the rules and regulations of the SEC or any regulatory commission of any jurisdiction), order, writ, judgment, injunction, decree, determination or award currently in effect having applicability to the Company or any of its Affiliates or of the charter or by-laws of the Company or of any of its Affiliates, (ii) result in a breach of or constitute a default under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Company or any of its Affiliates is a party or by which the Company or any of its Affiliates or any of their respective properties may be bound or affected, or (iii) result in, or require, the creation or imposition of any mortgage, deed of trust, assignment, pledge, lien, security interest or other charge or encumbrance of any nature upon or with respect to any of the respective properties of the Company or any of its Affiliates (other than that arising hereunder or under the Security Agreement with respect to the Collateral); and neither the Company nor any of its Affiliates is in material default under any such law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.

Corporate Authority Etc. The execution, delivery and performance by the Company and each Borrowing Subsidiary of this Agreement, the Security Agreement, the Control Agreement and the Notes have been duly authorized by all necessary corporate action and do not and will not (i) violate any existing provision of any law, rule, regulation (including, without limitation, Regulation U or X of the Board of Governors of the Federal Reserve System or the rules and regulations of the SEC or any regulatory commission of any jurisdiction), order, writ, judgment, injunction, decree, determination or award currently in effect having applicability to the Company or any of its Affiliates or of the charter or by-laws of the Company or of any of its Affiliates, (ii) result in a breach of or constitute a default under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Company or any of its Affiliates is a party or by which the Company or any of its Affiliates or any of their respective properties may be bound or affected, or (iii) result in, or require, the creation or imposition of any mortgage, deed of trust, assignment, pledge, lien, security interest or other charge or encumbrance of any nature upon or with respect to any of the respective properties of the Company or any of its Affiliates (other than that arising hereunder or under the Security Agreement with respect to the Collateral); and neither the Company nor any of its Affiliates is in material default under any such law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.