Common use of Due Authorization; Consents Clause in Contracts

Due Authorization; Consents. All corporate action on the part of the Borrower and its managers, officers, and members necessary for the authorization, execution and delivery of, and the performance of all obligations of the Borrower under, this Note has been taken. This Note has been duly executed and delivered by the Borrower and constitutes a valid and binding obligation of the Borrower enforceable in accordance with its terms, subject, as to enforcement of remedies, to applicable bankruptcy, insolvency, moratorium, reorganization and similar laws affecting creditors’ rights generally and to general equitable principles. Borrower is in compliance with all applicable covenants under the Note Purchase Agreement.

Appears in 4 contracts

Samples: Unsecured Subordinated Promissory Note, Subordination Agreement (Metropark Usa Inc), Subordination Agreement (Metropark Usa Inc)

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Due Authorization; Consents. All corporate action on the part of the Borrower and its managers, officers, and members necessary for the authorization, execution and delivery of, and the performance of all obligations of the Borrower under, this Note has been taken. This Note has been duly executed and delivered by the Borrower and constitutes a valid and binding obligation of the Borrower enforceable in accordance with its terms, subject, as to enforcement of remedies, to applicable bankruptcy, insolvency, moratorium, reorganization and similar laws affecting creditors’ rights generally and to general equitable principles. Borrower is in compliance with all applicable covenants under the Note Purchase Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Metropark Usa Inc)

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Due Authorization; Consents. All corporate action on the part of the Borrower and its managers, officers, and members necessary for the authorization, execution and delivery of, and the performance of all obligations of the Borrower under, this Note has been taken. This Note has been duly executed and delivered by the Borrower and constitutes a valid and binding obligation of the Borrower enforceable in accordance with its terms, subject, as to enforcement of remedies, to applicable bankruptcy, insolvency, moratorium, reorganization and similar laws affecting creditors’ rights generally and to general equitable principles. Borrower is in compliance with all applicable covenants under the Note Purchase Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Metropark Usa Inc)

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