Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s powers, have been duly authorized by all necessary corporate action, and do not: (a) contravene the Borrower’s constituent documents; (b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or (c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s properties.
Appears in 4 contracts
Samples: Credit Agreement (CTS Corp), Credit Agreement (CTS Corp), Credit Agreement (CTS Corp)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s powers, have been duly authorized by all necessary corporate trustee action, and do not:
(a) contravene the Borrower’s constituent constitutional documents;; or
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s properties.
Appears in 4 contracts
Samples: Credit Agreement (Advisers Investment Trust), Credit Agreement (Advisers Investment Trust), Credit Agreement (Advisers Investment Trust)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate corporation action, and do not:
(a) contravene the Borrower’s constituent documents's Organic Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 3 contracts
Samples: Post Petition Multicurrency Superpriority Credit Agreement (Apw LTD), Term Loan Agreement (Apw LTD), Multicurrency Credit Agreement (Apw LTD)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the each Borrower of this Amendment are within the said Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the said Borrower’s constituent documents's charter or bylaws;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the said Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the said Borrower’s 's properties.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Nuveen John Company), 364 Day Revolving Credit Agreement (Nuveen John Company), 364 Day Revolving Credit Agreement (Nuveen John Company)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance of this Amendment by the Borrower of this Amendment are within the Borrower’s its powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documentsits Organization Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the BorrowerBorrower or any of its Subsidiaries; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s propertiesproperties of the Borrower or any of its Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (Tower Group, Inc.), Credit Agreement (Tower Group International, Ltd.), Credit Agreement (Tower Group, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and ----------------------------------------- performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate corporation action, and do not:
(a) contravene the Borrower’s constituent documents's Organic Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 3 contracts
Samples: Multicurrency Credit Agreement (Apw LTD), Multicurrency Credit Agreement (Apw LTD), Multicurrency Credit Agreement (Apw LTD)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documents's Organization Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 3 contracts
Samples: Credit Agreement (Pma Capital Corp), Credit Agreement (Pma Capital Corp), Credit Agreement (Delphi Financial Group Inc/De)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documents's articles or certificate of incorporation or by-laws;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 2 contracts
Samples: Credit Agreement (Integra Bank Corp), Credit Agreement (Integra Bank Corp)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documents's charter or by laws;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 2 contracts
Samples: Credit Agreement (Integra Bank Corp), Credit Agreement (Integra Bank Corp)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the such Borrower of this Amendment are within the such Borrower’s corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the such Borrower’s constituent documentsOrganization Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the such Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the such Borrower’s properties.
Appears in 2 contracts
Samples: Credit Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent organization documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s properties.
Appears in 2 contracts
Samples: Credit Agreement (Horace Mann Educators Corp /De/), Credit Agreement (Horace Mann Educators Corp /De/)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s its corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent organizational documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s properties, other than the Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Broadwind Energy, Inc.), Loan and Security Agreement (Broadwind Energy, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment and the consummation of the transactions contemplated hereby and by the Credit Agreement as amended by this Amendment, are within the Borrower’s corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documentsOrganic Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any properties of the Borrower’s properties.
Appears in 2 contracts
Samples: Credit Agreement (Pogo Producing Co), Credit Agreement (Pogo Producing Co)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment and Waiver are within the Borrower’s powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documentsOrganizational Documents;
(b) contravene any contractual restriction, law restriction binding on or governmental regulation or court decree or order affecting the Borrower;
(c) contravene any Legal Requirement binding on or affecting the Borrower; or
(cd) result in, or require the creation or imposition of, any Lien on any of the Borrower’s propertiesproperties except as expressly contemplated by the Operative Documents.
Appears in 2 contracts
Samples: Loan Agreement (Tropicana Las Vegas Hotel & Casino, Inc.), Loan Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate corporation action, and do not:
(a) contravene the Borrower’s constituent documents's Organic Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 1 contract
Samples: Multicurrency Superpriority Credit Agreement (Apw LTD)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documentsOrganization Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s properties.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower Borrowers of this Amendment are within the Borrower’s Borrowers corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent Borrowers' charters, by-laws or other organizational documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the BorrowerBorrowers; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s Borrowers' properties.
Appears in 1 contract
Samples: Credit Agreement (Metlife Inc)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment by such Borrower are within the Borrower’s its powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documentsits Organization Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrowersuch Borrower or any of its Subsidiaries; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s propertiesproperties of such Borrower or any of its Subsidiaries (other than any Liens created by the Loan Documents).
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documentsOrganizational Documents;
(b) contravene any contractual restriction, law restriction binding on or governmental regulation or court decree or order affecting the Borrower;
(c) contravene any Legal Requirement binding on or affecting the Borrower; or
(cd) result in, or require the creation or imposition of, any Lien on any of the Borrower’s propertiesproperties except as expressly contemplated by the Operative Documents.
Appears in 1 contract
Samples: Loan Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and ----------------------------------------- performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate corporation action, and do not:
(a) not contravene the Borrower’s constituent documents;
(b) 's Organic Documents; contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) or result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower it of this Amendment are within the Borrower’s its powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s such Debtors’ constituent documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrowersuch Debtor; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrowersuch Debtor’s properties.
Appears in 1 contract
Samples: Security Agreement (CTS Corp)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the such Borrower of this Amendment are within the such Borrower’s corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the such Borrower’s constituent documentsGoverning Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the such Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the such Borrower’s properties.
Appears in 1 contract
Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)
Due Authorization, Non-Contravention, etc. The execution, delivery and ----------------------------------------- performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate corporation action, and do not:
(a) contravene the Borrower’s constituent documents's Organic Documents;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action, and do not:
(a) contravene the Borrower’s constituent documents's charter or bylaws;
(b) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, or require the creation or imposition of, any Lien on any of the Borrower’s 's properties.
Appears in 1 contract
Samples: 3 Year Revolving Credit Agreement (Nuveen Investments Inc)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by the Borrower of this Amendment are within the Borrower’s powers, have been duly authorized by all necessary corporate action, and do not:
not (ai) contravene the Borrower’s constituent documents;
Charter Documents or (bii) contravene any contractual restriction, law or governmental regulation or court decree or order binding on or affecting the Borrower; or
(c) result in, where such contravention, individually or require in the creation or imposition ofaggregate, any Lien on any of the Borrower’s propertiescould reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract