Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 74 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower.
Appears in 56 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Credit Agreement (Youbet Com Inc), Term Loan and Security Agreement (Cellstar Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 53 contracts
Samples: Revolving Loan Agreement (Kennedy-Wilson Holdings, Inc.), Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Prospect Acquisition Corp)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower.
Appears in 26 contracts
Samples: Loan and Security Agreement (Majestic Holdco, LLC), Credit Agreement (Silicon Graphics Inc), Credit Agreement (Oasis Interval Ownership, LLC)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 20 contracts
Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by each Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 16 contracts
Samples: Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (General Datacomm Industries Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by each Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower.
Appears in 6 contracts
Samples: Loan Agreement (Arg Property Management Corp), Loan and Security Agreement (Zanett Inc), And Consolidated Loan and Security Agreement (Big Dog Holdings Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary corporate action on the part of Borrower.
Appears in 5 contracts
Samples: Loan and Security Agreement (Interact Commerce Corp), Stock Pledge Agreement (Sands Regent), Loan and Security Agreement (California Amplifier Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Alaska Air Group Inc), Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and by Borrower and each of its Subsidiaries of the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of BorrowerBorrower and its Subsidiaries.
Appears in 4 contracts
Samples: Credit Agreement (ECA Marcellus Trust I), Loan Agreement (Ram Energy Resources Inc), Credit Agreement (Energy Corp of America)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary corporate action on the part of such Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Kroll Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have has been duly authorized by all necessary action on the part of Borrower.
Appears in 2 contracts
Samples: Unsecured Loan Agreement (Midway Games Inc), Subordinated Loan Agreement (Midway Games Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and by Borrower and each of the other Loan Parties of the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of BorrowerBorrower and such other Loan Parties.
Appears in 2 contracts
Samples: Loan Agreement (Miller Energy Resources, Inc.), Loan Agreement (Miller Energy Resources, Inc.)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower each Obligor of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 2 contracts
Samples: Loan and Security Agreement (Neostar Retail Group Inc), Loan and Security Agreement (Discovery Zone Inc)
Due Authorization; No Conflict. (a) The As to each Obligor, the execution, delivery, and performance by Borrower such Obligor of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowersuch Obligor.
Appears in 2 contracts
Samples: Loan and Security Agreement (SMART Modular Technologies (DE), Inc.), Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Parent and each Borrower of this Agreement Agreement, the other Loan Documents and the Loan Acquisition Documents to which it each is a party have been duly authorized by all necessary action on the part of Parent and such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (RMH Teleservices Inc), Loan and Security Agreement (BGF Industries Inc)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower and such Borrower, subject to the entry and terms of the Bankruptcy Court Orders, has full power and authority to own and hold under lease its property and to conduct its business substantially as currently conducted by it.
Appears in 2 contracts
Samples: Dip Credit Agreement (Foothills Resources Inc), Possession Credit Agreement (TXCO Resources Inc)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Lincoln Educational Services Corp), Credit Agreement (Dixie Group Inc)
Due Authorization; No Conflict. (a) Borrower has full corporate power and authority to execute and deliver this Agreement and each other Loan Document to which it is a party and to perform its obligations hereunder and thereunder. The execution, delivery, delivery and performance by Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Abraxas Petroleum Corp), Loan Agreement (Abraxas Petroleum Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borroweraction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Starcraft Corp /In/), Loan and Security Agreement (Majestic Star Casino LLC)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower each Obligor of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowersuch Obligor.
Appears in 2 contracts
Samples: Loan and Security Agreement (Star Telecommunications Inc), Loan and Security Agreement (Mikohn Gaming Corp)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party and the transactions contemplated hereby are within the corporate (or other equivalent company) authority of such Borrower and have been duly authorized by all necessary action on the part of such Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower and, as applicable, the Borrower's Subsidiaries of this Agreement and the Loan Documents to which it any of them is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and by Xxxxxxxx and each of the other Loan Parties of the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of BorrowerBorrower and such other Loan Parties.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.. 137020431v13
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Parent and each Borrower of this Agreement and the other Loan Documents to which it each is a party have been duly authorized by all necessary action on the part of Parent and such Borrower.
Appears in 1 contract
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan other Transaction Documents to which it is a party have been duly authorized by all necessary corporate, limited liability company or limited partnership action on the part of such Borrower.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by the Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary corporate or limited liability company action on the part of the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (System Software Associates Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of BorrowerBorrower and Borrower has full power and authority to own and hold under lease its property and to conduct its business substantially as currently conducted by it.
Appears in 1 contract
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowersuch Borrower and such Borrower has full power and authority to own and hold under lease its property and to conduct its business substantially as currently conducted by it.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement Agreement, the other Loan Documents and the Loan Purchase and Sale Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by each Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower.
Appears in 1 contract
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary corporate, limited liability company or limited partnership action on the part of such Borrower.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower and Borrower, subject to the entry and terms of the Final Bankruptcy Court Order, has full power and authority to own and hold under lease its property and to conduct its business substantially as currently conducted by it.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Subsidiary Borrower of this Agreement and the Subsidiary Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Subsidiary Borrower.
Appears in 1 contract
Samples: Loan Agreement (Futurelink Corp)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by Borrower such Person of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowersuch Person.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, delivery and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Abraxas Petroleum Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower each Loan Party of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action corporate, limited liability or partnership action, as applicable. Borrower and each Loan Agreement Guarantor have the authority to make the representations, warranties and covenants made by it in this Agreement on behalf the part of BorrowerLoan Parties.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower and each other Loan Party of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 1 contract
Samples: Loan and Security Agreement (Convergent Communications Inc /Co)
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary corporate action on the part of such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Aegis Communications Group Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of such Borrower.
Appears in 1 contract
Due Authorization; No Conflict. (ai) The execution, delivery, and performance by Borrower each Loan Party of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 1 contract
Samples: Credit Agreement (Stormedia Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have has been duly authorized by all necessary action on the part of such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Blow & Drive Interlock Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by each Borrower of this Agreement and by each Loan Party of the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowersuch Borrower and such other Loan Parties.
Appears in 1 contract
Samples: Loan Agreement (Towerstream Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower each Obligor of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary corporate or limited liability company action on the part of Borrowersuch Obligor.
Appears in 1 contract
Samples: Loan and Security Agreement (System Software Associates Inc)
Due Authorization; No Conflict. (a) a The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowercorporate action.
Appears in 1 contract
Due Authorization; No Conflict. (a) The As to each Borrower, the execution, delivery, and performance by such Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action (corporate or otherwise) on the part of such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (SCB Computer Technology Inc)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents and the agreements, documents and instruments related to the Capital Restructuring to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 1 contract
Due Authorization; No Conflict. (ai) The execution, delivery, delivery and performance by Borrower each Debtor of this Agreement, the Loan Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrowersuch Debtor.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the Loan Documents and the agreements, documents and instruments related to the Transactions to which it is a party have been duly authorized by all necessary action on the part of Borrower.
Appears in 1 contract
Due Authorization; No Conflict. (a) The execution, delivery, and performance by Borrower of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Borrower. The execution, delivery, and performance by each of Horizon and Horizon Management of this Agreement and the other Loan Documents to which it is a party have been duly authorized by all necessary action on the part of Horizon and Horizon Management, as applicable.
Appears in 1 contract
Samples: Loan and Security Agreement (Horizon Technology Finance Corp)
Due Authorization; No Conflict. (a) The execution, delivery, and performance by the Borrower of this Agreement and the Loan Documents to which it is a party have been duly authorized by all necessary action on the part of the Borrower.
Appears in 1 contract
