Common use of Due Authorization; Enforceability; No Violation Clause in Contracts

Due Authorization; Enforceability; No Violation. Each Operative Document to which the Sublessor is a party has been, and the Sublease Supplement (when executed and delivered by the Sublessor) will be, duly authorized, executed, and delivered by the Sublessor and, assuming due authorization, execution, and delivery by the other parties thereto, is (or, as to the Sublease Supplement, when executed and delivered by the Sublessor will be) a legal, valid, and binding obligation of the Sublessor, enforceable against the Sublessor in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting enforcement of creditors' rights generally and by general principles of equity. The Sublessor's execution, delivery, and performance of each Operative Document to which it is or is to be a party are not and will not be inconsistent with its certificate of incorporation or by-laws, do not and will not contravene any existing law, governmental rule or regulation, judgment, or order applicable to or binding on the Sublessor, and do not and will not contravene any provision of, or constitute a default or result in the creation of any Lessor Lien under, any indenture, mortgage, contract, or other instrument to which the Sublessor is a party or by which it or any of its properties is bound, and do not and will not require the consent or approval of its stockholders or any trustee or holders of any indebtedness or obligations of the Sublessor, except such as have been duly obtained.

Appears in 1 contract

Samples: Nondisturbance and Recognition Agreement (Atlantic Southeast Airlines Inc)

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Due Authorization; Enforceability; No Violation. Each This Lease and --- ------------- -------------- ------------ all other Operative Document Agreements to which the Sublessor Lessee is a party have been duly authorized by all necessary corporate action on the part of Lessee and do not require any approval of the stockholders of Lessee which has beennot been obtained, and the Sublease Supplement (when have been or will be duly executed and delivered by the Sublessor) will be, duly authorized, executed, and delivered by the Sublessor Lessee and, assuming due authorization, execution, execution and delivery by the other parties party thereto, is (or, as to the Sublease Supplement, when executed and delivered by the Sublessor are or will be) a be legal, valid, valid and binding obligation obligations of the Sublessor, Lessee enforceable against the Sublessor in accordance with its their terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting enforcement of creditors' rights generally and by general principles of equity. The Sublessor's execution, deliveryexecution and delivery by Lessee of the foregoing documents are not, and the performance by it of its obligations under each Operative Document to which it is or is to be a party are not and will not be be, inconsistent with its certificate of incorporation charter or by-by- laws, do not and will not contravene any existing law, governmental rule or regulation, judgment, judgment or order applicable to or binding on the SublessorLessee, and do not and will not contravene any provision provisions of, or constitute a default or result in the creation of any Lessor Lien under, (other than as permitted by Section 9 hereof) under any indenture, mortgage, contract, contract or other instrument to which the Sublessor Lessee is a party or by which it or any of its properties is bound, and do not and will not require the any approval or consent or approval of its stockholders or any trustee or holders of any indebtedness or obligations of the SublessorLessee, except such as have been duly obtained.

Appears in 1 contract

Samples: Aircraft Lease (American Income Partners v B LTD Partnership)

Due Authorization; Enforceability; No Violation. Each This Lease and ----------------- -------------- ------------ all other Operative Document Agreements to which the Sublessor Lessee is a party have been duly authorized by all necessary corporate action on the part of Lessee and do not require any approval of the stockholders of Lessee which has beennot been obtained, and the Sublease Supplement (when have been or will be duly executed and delivered by the Sublessor) will be, duly authorized, executed, and delivered by the Sublessor Lessee and, assuming due authorization, execution, execution and delivery by the other parties party thereto, is (or, as to the Sublease Supplement, when executed and delivered by the Sublessor are or will be) a be legal, valid, valid and binding obligation obligations of the Sublessor, Lessee enforceable against the Sublessor in accordance with its their terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting enforcement of creditors' rights generally and by general principles of equity. The Sublessor's execution, deliveryexecution and delivery by Lessee of the foregoing documents are not, and the performance by it of its obligations under each Operative Document to which it is or is to be a party are not and will not be be, inconsistent with its certificate of incorporation charter or by-by- laws, do not and will not contravene any existing law, governmental rule or regulation, judgment, judgment or order applicable to or binding on the SublessorLessee, and do not and will not contravene any provision provisions of, or constitute a default or result in the creation of any Lessor Lien under, (other than as permitted by Section 9 hereof) under any indenture, mortgage, contract, contract or other instrument to which the Sublessor Lessee is a party or by which it or any of its properties is bound, and do not and will not require the any approval or consent or approval of its stockholders or any trustee or holders of any indebtedness or obligations of the SublessorLessee, except such as have been duly obtained.

Appears in 1 contract

Samples: Aircraft Lease (American Income Partners v B LTD Partnership)

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Due Authorization; Enforceability; No Violation. Each Operative Document to which the Sublessor Sublessee is a party has been, and the Sublease Supplement and the Purchase Agreement Assignment (when executed and delivered by the SublessorSublessee) will be, duly authorized, executed, executed and delivered by the Sublessor Sublessee and, assuming due authorization, execution, and delivery by the other parties thereto, is (or, as to the Sublease SupplementSupplement and the Purchase Agreement Assignment, when executed and delivered by the Sublessor Sublessee will be) a legal, valid, and binding obligation of the SublessorSublessee, enforceable against the Sublessor Sublessee in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, or similar laws affecting enforcement of creditors' rights generally and by general principles of equity. The SublessorSublessee's execution, delivery, and performance of each Operative Document to which it is or is to be a party are not and will not be inconsistent with its certificate articles of incorporation or by-laws, do not and will not contravene any existing law, governmental rule or regulation, judgment, or order applicable to or binding on the SublessorSublessee, and do not and will not contravene any provision of, or constitute a default or result in the creation of any Lessor Lien (other than Permitted Liens) under, any indenture, mortgage, contract, or other instrument to which the Sublessor Sublessee is a party or by which it or any of its properties is bound, and do not and will not require the consent or approval of its stockholders or any trustee or holders of any indebtedness or obligations of the SublessorSublessee, except such as have been duly obtained.

Appears in 1 contract

Samples: Nondisturbance and Recognition Agreement (Atlantic Southeast Airlines Inc)

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