Corporate Authority; No Conflicts. The execution, delivery and performance of the Loan Documents and the transactions contemplated hereby are within the corporate power and authority of the Borrower and have been authorized by all necessary corporate proceedings, and do not and will not (a) contravene any provision of the charter documents or by-laws of the Borrower or any law, rule or regulation applicable to the Borrower, (b) contravene any provision of, or constitute an event of default or event that, but for the requirement that time elapse or notice be given, or both, would constitute an event of default under, any other agreement, instrument, order or undertaking binding on the Borrower, or (c) result in or require the imposition of any Encumbrance on any of the properties, assets or rights of the Borrower, except in favor of the Agent and the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc)
Corporate Authority; No Conflicts. The execution, delivery and performance of the Loan Documents and the transactions contemplated hereby are within the corporate or limited liability company power and authority of the each Borrower and have been authorized by all necessary corporate or limited liability company proceedings, and do not and will not (a) contravene any provision of the charter documents or by-laws Organizational Documents of the either Borrower or any law, rule or regulation applicable to the either Borrower, (b) contravene any provision of, or constitute an event of default or event that, but for the requirement that time elapse or notice be given, or both, would constitute an event of default under, any other agreement, instrument, order or undertaking binding on the either Borrower, or (c) result in or require the imposition of any Encumbrance on any of the properties, assets or rights of the either Borrower, except in favor of the Agent and the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Microfinancial Inc), Credit Agreement (Microfinancial Inc)
Corporate Authority; No Conflicts. The execution, delivery and performance of the Loan Documents and the transactions contemplated hereby thereby are within the corporate power and authority of the Borrower and have been authorized by all necessary corporate proceedings, and do not and will not (a) contravene any provision of the charter documents Certificate of Incorporation or byBy-laws of the Borrower or any law, rule or regulation applicable to the Borrower, (b) contravene any provision of, or constitute an event of default or event that, but for the requirement that time elapse or notice be given, or both, would constitute an event of default under, any other agreement, instrument, order or undertaking binding on the Borrower, or (c) result in or require the imposition of any Encumbrance on any of the properties, assets or rights of the Borrower, except in favor of the Agent and the LendersLender.
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