Common use of Due Authorisation; Enforceability; No Conflict Clause in Contracts

Due Authorisation; Enforceability; No Conflict. The Financing Agreements and Project Agreements to which the Borrower is a party have been duly authorised by the Borrower. This Agreement has been duly executed by the Borrower and this Agreement constitutes, and the other Financing Agreements and Project Agreements to which the Borrower is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrower, enforceable in accordance with their respective terms. The making of the Financing Agreements and Project Agreements and the compliance with the terms thereof: (1) will not result in violation of the Borrower's Charter, the Key Licenses or any provision contained in any law applicable to the Borrower; (2) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower is a party or by which the Borrower or any of its assets is bound; and (3) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Loan Agreement (Caspian Services Inc)

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Due Authorisation; Enforceability; No Conflict. The Financing Agreements and Project Agreements to which the Borrower Company is a party have been duly authorised by the BorrowerCompany. This Agreement has been duly executed by the Borrower Company and, subject to the reservations and qualifications set out in the legal opinions of the legal counsel to EBRD and provided under Article IV (Conditions Precedent), this Agreement constitutes, and the other Financing Agreements and Project Agreements to which the Borrower Company is a party, when executed and delivered, will constitute, valid and legally binding obligations of the BorrowerCompany, enforceable in accordance with their respective terms. The making of this Agreement and the other Financing Agreements and Project Agreements to which the Company is a party and the compliance with the terms thereof: (1) will not result in violation of the Borrower's its Charter, the Key Licenses or any provision contained in any law applicable to the BorrowerCompany; (2) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower Company is a party or by which the Borrower Company or any of its assets is bound; and (3) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (determination, or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Investment Agreement (Caspian Services Inc)

Due Authorisation; Enforceability; No Conflict. The Financing Agreements and the Project Agreements to which the Borrower is a party have been or will be, when executed and delivered, duly authorised by the Borrower. This Agreement has been duly executed by the Borrower and this Agreement constitutes, and the other Financing Agreements and the Project Agreements Agreements, to which the Borrower is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrower, enforceable in accordance with their respective terms. The making of the Financing Agreements and the Project Agreements and the compliance with the terms thereof: (1) will not result in any violation of the Borrower's Charter, the Key Licenses Licences or any provision contained in any law applicable to the Borrower; (2) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower is a party or by which the Borrower or any of its assets is bound; and (3) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Loan Agreement

Due Authorisation; Enforceability; No Conflict. The Financing Agreements and the Project Agreements to which the Borrower is a party have been or will be, when executed and delivered, duly authorised by the Borrower. This Agreement has been duly executed by the Borrower and this Agreement constitutes, and the other Financing Agreements and the Project Agreements Agreements, to which the Borrower is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrower, enforceable in accordance with their respective terms. The making of the Financing Agreements and the Project Agreements and the compliance with the terms thereof: (1) will not result in any violation of the Borrower's Charter, the Key Licenses or any provision contained in any law applicable to the Borrower; (2) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower is a party or by which the Borrower or any of its assets is bound; and (3) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Loan Agreement

Due Authorisation; Enforceability; No Conflict. The Financing Agreements and Project Agreements to which the Borrower is a party have been or will be, when executed and delivered, duly authorised by the Borrower. This Agreement has been duly executed by the Borrower and this Agreement constitutes, and the other Financing Agreements and Project Agreements Agreements, to which the Borrower is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrower, enforceable in accordance with their respective terms. The making of the Financing Agreements and Project Agreements and the compliance with the terms thereof: (1) will not result in violation of the Borrower's Charter, the Key Licenses or any provision contained in any law applicable to the Borrower; (2) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower is a party or by which the Borrower or any of its assets is bound; and (3) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Loan Agreement

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Due Authorisation; Enforceability; No Conflict. The Financing Agreements and the Project Agreements to which the Borrower is a party have been or will be, when executed and delivered, duly authorised by the Borrower. This Agreement has been duly executed by the Borrower and this Agreement constitutes, and the other Financing Agreements and the Project Agreements Agreements, to which the Borrower is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrower, enforceable in accordance with their respective terms. The making of the Financing Agreements and the Project Agreements and the compliance with the terms thereof: (1) : will not result in any violation of the Borrower's Charter, the Key Licenses Licences or any provision contained in any law applicable to the Borrower; (2) ; will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower is a party or by which the Borrower or any of its assets is bound; and (3) and will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Loan Agreement

Due Authorisation; Enforceability; No Conflict. The Financing Agreements and Project Agreements to which the Borrower it is a party have been duly authorised by the Borrowerit. This Agreement has been duly executed by it and, subject to the Borrower reservations and qualifications set out in the legal opinions of the legal counsel to EBRD and provided under Article IV of the Investment Agreement, this Agreement constitutes, and the other Financing Agreements and Project Agreements to which the Borrower it is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrowerit, enforceable in accordance with their respective terms. The making of this Agreement and the other Financing Agreements and Project Agreements to which it is a party and the compliance with the terms thereof: (1i) will not result in violation of the Borrower's its Charter, the Key Licenses or any provision contained in any law applicable to the Borrowerit; (2ii) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower it is a party or by which the Borrower it or any of its assets is bound; and (3iii) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (determination, or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Shareholder Agreement (Caspian Services Inc)

Due Authorisation; Enforceability; No Conflict. The Financing Agreements and Project Agreements to which the Borrower it is a party have been duly authorised by the Borrowerit. This Agreement has been duly executed by it and, subject to the Borrower reservations and qualifications set out in the legal opinions of the legal counsel to EBRD and provided under Article IV of the Investment Agreement, this Agreement constitutes, and the other Financing Agreements and Project Agreements to which the Borrower it is a party, when executed and delivered, will constitute, valid and legally binding obligations of the Borrowerit, enforceable in accordance with their respective terms. The making of this Agreement and the other Financing Agreements and Project Agreements to which it is a party and the compliance with the terms thereof: : (1i) will not result in violation of the Borrower's its Charter, the Key Licenses or any provision contained in any law applicable to the Borrower; it; (2ii) will not conflict with or result in the breach of any provision of, or require any consent under, or result in the imposition of any Lien under, any agreement or instrument to which the Borrower it is a party or by which the Borrower it or any of its assets is bound; and and (3iii) will not constitute a default or an event which, with the giving of notice, the passage of time or the making of any determination (determination, or any combination thereof), would constitute a default under any such agreement or instrument.

Appears in 1 contract

Samples: Shareholders Agreement

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