Common use of DUE AUTHORISATION; NON-CONTRAVENTION Clause in Contracts

DUE AUTHORISATION; NON-CONTRAVENTION. The execution and delivery by each Obligor of each Loan Document executed or to be executed by it and the performance by each Obligor of its obligations thereunder, and, in the case of the Borrower, the receipt of the Loans hereunder: (a) have been duly authorised by all necessary corporate action on its part; (b) do not require any Approval (other than those Approvals which have been obtained); (c) do not and will not conflict with, result in any violation of, or constitute any default under, any provision of any of its Organic Documents or any applicable law, contractual obligation or Approval binding on it; and (d) will not result in or require the creation or imposition of any lien on any of its properties pursuant to the provisions of any contractual obligation (other than pursuant to this Agreement and any Security Agreement to which such Obligor is a party).

Appears in 1 contract

Samples: Term Loan Facility Agreement (Bema Gold Corp /Can/)

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DUE AUTHORISATION; NON-CONTRAVENTION. The execution and delivery by each Obligor of each Loan Finance Document executed or to be executed by it and the performance by each Obligor of its obligations thereunder, and, in the case of the Borrower, and the receipt of the Loans hereunder: (a) have been duly authorised by all necessary corporate action on its part; (b) do not require any Approval (other than those Approvals which have been obtainedobtained and copies of which have previously been provided to the Documentation Agent); (c) do not and will not conflict with, result in any violation of, or constitute any default under, any provision of any of its Organic Documents or any applicable lawApplicable Law, contractual obligation Contractual Obligation or Approval binding on it; and (d) will not result in or require the creation or imposition of any lien Lien on any of its properties pursuant to the provisions of any contractual obligation Contractual Obligation (other than pursuant to this Agreement and any Security Agreement to which such Obligor is a party).

Appears in 1 contract

Samples: Loan Agreement (Yamana Gold Inc)

DUE AUTHORISATION; NON-CONTRAVENTION. The execution and delivery by each Obligor of each Loan Document executed or to be executed by it and the performance by each Obligor of its obligations thereunder, and, in the case of the Borrower, and the receipt of the Loans hereunder: (a) have been duly authorised by all necessary corporate action on its part; (b) do not require any Approval (other than those Approvals which have been obtained); (c) do not and will not conflict with, result in any violation of, or constitute any default under, any provision of any of its Organic Documents or any applicable law, contractual obligation or Approval binding on it; and (d) will not result in or require the creation or imposition of any lien on any of its properties pursuant to the provisions of any contractual obligation (other than pursuant to this Agreement and any Security Agreement to which such Obligor is a party).

Appears in 1 contract

Samples: Loan Agreement (Randgold Resources LTD)

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DUE AUTHORISATION; NON-CONTRAVENTION. The execution and delivery by each Obligor of each Loan Operative Document executed or to be executed by it and the performance by each Obligor of its obligations thereunder, and, in the case of the Borrower, the receipt of the Loans hereunder: (a) have been duly authorised by all necessary corporate action on its part; (b) do not require any Approval (other than those Approvals which have been obtainedreferred to in Item 7.15 ("APPROVALS") of the Disclosure Schedule); (c) do not and will not conflict with, result in any violation of, or constitute any default under, any provision of any of its Organic Documents or any applicable law, contractual obligation or Approval binding on it; and (d) will not result in or require the creation or imposition of any lien on any of its properties pursuant to the provisions of any contractual obligation (other than pursuant to this Agreement and any Security Agreement to which such Obligor is a party).

Appears in 1 contract

Samples: Project Term Loan Facility Agreement (Randgold Resources LTD)

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