DUE AUTHORIZATION; NO CONFLICTS OR VIOLATIONS. The execution, delivery and performance of this Agreement and the other Loan Documents by the Borrower, the borrowings hereunder, and any grant of security interests under any Loan Documents, (i) have been duly authorized by all requisite corporate action of the Borrower and will not violate any provision of any law, any order of any court or other agency of the United States, any State or any foreign country, state or province having jurisdiction, and (ii) will not violate any provision of the articles of incorporation, or by-laws of the Borrower, or any provision of any material agreement or instrument to which the Borrower is a party or by which the Borrower or any of its properties or assets may be bound, or be in conflict with, result in a breach of or constitute a default under, any such agreement or other instrument, or result in the creation or imposition of any Encumbrance (other than Encumbrances approved by the Bank in its sole discretion) of any nature whatsoever upon the Collateral.
Appears in 8 contracts
Samples: Credit Agreement (WFS Financial Inc), Credit Agreement (Westcorp /Ca/), Credit Agreement (Westcorp /Ca/)
DUE AUTHORIZATION; NO CONFLICTS OR VIOLATIONS. The execution, delivery and performance of this Agreement and the other Loan Documents by the Borrower, the borrowings hereunder, and any grant of security interests under any Loan Documents, (i) have been duly authorized by all requisite corporate action of the Borrower and will not violate any provision of any law, any order of any court or other agency of the United States, any State or any foreign country, state or province having jurisdiction, and (ii) will not violate any provision of the articles of incorporation, or by-laws of the Borrower, or any provision of any material agreement or instrument to which the Borrower is a party or by which the Borrower or any of its properties or assets may be bound, or be in conflict with, result in a breach of or constitute a default under, any such agreement or other instrument, or result in the creation or imposition of any Encumbrance (other than Encumbrances approved by the Bank Westcorp in its sole discretion) of any nature whatsoever upon the Collateral.
Appears in 1 contract