Common use of Due Authorization; No Conflict Clause in Contracts

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 5 contracts

Samples: Loan and Security Agreement (Action Industries Inc), Loan and Security Agreement (Telemundo Group Inc), Loan and Security Agreement (Salton Maxim Housewares Inc)

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Due Authorization; No Conflict. The execution, delivery, delivery and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized, authorized and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, Incorporation or By-lawsBylaws, nor will they constitute an event of create a default under any material agreement to which Borrower is a party or by which its properties or assets may be boundparty.

Appears in 4 contracts

Samples: Loan and Security Agreement (Annies Homegrown Inc), Loan and Security Agreement (International Food & Beverage Inc /De/), Loan and Security Agreement (Eip Microwave Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be boundparty.

Appears in 3 contracts

Samples: Security Agreement (Leisure Time Casinos & Resorts Inc), Security Agreement (Leisure Time Casinos & Resorts Inc), Security Agreement (Leisure Time Casinos & Resorts Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate ’s limited liability company powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, ’s formation documents nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 3 contracts

Samples: Loan and Security Agreement (InPoint Commercial Real Estate Income, Inc.), Loan Agreement (Iron Bridge Mortgage Fund LLC), Loan and Security Agreement (Iron Bridge Mortgage Fund LLC)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's Borrowers’ corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Borrowers’ Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is Borrowers are a party or by which its their properties or assets may be bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Proxim Corp), Loan and Security Agreement (Proxim Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate articles, certificate of Incorporationincorporation, or Byby-laws, organizational documents, partnership agreements or certificate of limited partnership, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bollinger Industries Inc), Loan and Security Agreement (Bollinger Industries Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Certificate of Incorporation, or By-lawsBylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be Borrower is bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Physicians Insurance Co of Ohio), Loan and Security Agreement (Pc Quote Inc)

Due Authorization; No Conflict. The execution, delivery, delivery and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, authorized and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles articles of incorporation or Certificate of Incorporation, or By-lawsbylaws, nor will they constitute an event of default under any material agreement to by which Borrower is a party or bound. Borrower is not in default under any agreement by which its properties or assets may be it is bound.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Verso Technologies Inc), Loan and Security Agreement (Verso Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower's and Parent's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's or Parent's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which any Borrower or Parent is a party or by which its assets or properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Pia Merchandising Services Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-lawsBylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be boundparty.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Network Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of each of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (National Standard Co)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach b reach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be boundbound to the extent that such agreement has or could be reasonably expected to have a material adverse effect on Borrower's business.

Appears in 1 contract

Samples: Loan Agreement (Millbrook Press Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Certificate of Incorporation, Bylaws or By-lawsany agreements among Borrower’s shareholders, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be Borrower is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Planetout Inc)

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Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in (a) Borrower's Articles or Certificate of Incorporation, Incorporation or By-laws, nor will they constitute an event of default under or (b) any material agreement to which Borrower is a party or by which its properties or assets may be boundbound where such conflict or breach has not and reasonably could be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Image Entertainment Inc)

Due Authorization; No Conflict. The execution, delivery, delivery and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-lawsLaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be boundparty.

Appears in 1 contract

Samples: Loan and Security Agreement (Global One Distribution & Merchandising Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Victoria Creations Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's ’s corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate ’s certificate of Incorporationincorporation, bylaws, or By-lawsother organizational documents, as in effect on the date hereof or the date of any Advance of Loan proceeds by Lender hereunder, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Debt and Security Agreement (Vermillion, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach b reach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be boundbound to the extent that such agreement has or could be reasonably expected to have a material adverse effect on Borrower's business.

Appears in 1 contract

Samples: Loan Agreement (Cartoon Acquisition, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation, or By-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, authorized and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Certificate of Incorporation, or By-lawsBylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties or assets may be bound.material

Appears in 1 contract

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Certificate of Incorporation, or By-lawsBylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which its properties Borrower is bound. Borrower is not in default under any agreement to which it is a party or assets may be by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Raptor Networks Technology Inc)

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