Common use of Due Authorization Clause in Contracts

Due Authorization. It has duly authorized, by all necessary action on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreement.

Appears in 37 contracts

Samples: Backup Servicing Agreement (Carvana Auto Receivables Trust 2024-P2), Backup Servicing Agreement (Carvana Auto Receivables Trust 2024-P2), Backup Servicing Agreement (Carvana Auto Receivables Trust 2024-P4)

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Due Authorization. It has The execution and delivery by Lender of this Agreement, and the consummation by it of the transactions contemplated thereby, and the performance by it of its obligations thereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 18 contracts

Samples: Master Credit Facility Agreement (Archstone Inc.), Master Credit Facility Agreement (Sun Communities Inc), Master Credit Facility Agreement (Camden Property Trust)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the other Transaction Documents to which it is a party and the consummation of the transactions provided for or contemplated herein and therein have been duly authorized by this Agreementall necessary organizational action on its part.

Appears in 16 contracts

Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)

Due Authorization. It has The execution, delivery, and performance by it of this Agreement and the other agreements and instruments executed and delivered by it as contemplated hereby, have been duly authorized, authorized by all necessary action on its part, the execution and delivery part of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementsuch party.

Appears in 16 contracts

Samples: Sale and Servicing Agreement (Regional Management Corp.), Sale and Servicing Agreement (Regional Management Corp.), Sale and Servicing Agreement (Regional Management Corp.)

Due Authorization. It has The execution and delivery by the Lender of this Agreement, and the consummation by it of the transactions contemplated thereby, and the performance by it of its obligations thereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 15 contracts

Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (Mid America Apartment Communities Inc)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for person or contemplated persons executing this Agreement on its behalf has been duly authorized to do so by this Agreement.all requisite corporate action;

Appears in 12 contracts

Samples: Collaborative Research, Development and License Agreement, Collaborative Research, Development and License Agreement (Curis Inc), Collaborative Research, Development and License Agreement (Curis Inc)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for person or contemplated persons executing this Agreement on its behalf has been duly authorized to do so by this Agreementall requisite corporate or partnership action.

Appears in 12 contracts

Samples: Collaborative Research, Development and License Agreement (Acadia Pharmaceuticals Inc), Diagnostic Collaboration and Option Agreement (ARCA Biopharma, Inc.), Development and License Agreement (Emisphere Technologies Inc)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation of the transactions provided for herein have been duly authorized by all necessary action on its part, either in its individual capacity or contemplated by this Agreementas Backup Servicer, as the case may be.

Appears in 10 contracts

Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and the consummation of the transactions provided for or contemplated by this Agreementto perform its obligations hereunder.

Appears in 10 contracts

Samples: Non Exclusive License Agreement (Response Genetics Inc), Exclusive Distributor Agreement (Tegal Corp /De/), Technology Cross License Agreement (Ligand Pharmaceuticals Inc)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for or contemplated person executing this Agreement on its behalf has been duly authorized to do so by this Agreementall requisite corporate action.

Appears in 9 contracts

Samples: Joint Commercialization Agreement (Seattle Genetics Inc /Wa), Co Development and Co Promotion Agreement (Bristol Myers Squibb Co), License and Co Development Agreement (Basilea Pharmaceutica Ltd.)

Due Authorization. It has duly authorized, authorized by all necessary action on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreement.

Appears in 8 contracts

Samples: Back Up Servicing Agreement, Back Up Servicing Agreement (Ally Wholesale Enterprises LLC), Transfer and Servicing Agreement (Ford Credit Floorplan LLC)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for or contemplated persons executing this Agreement on its behalf have been duly authorized to do so by this Agreementall requisite corporate actions.

Appears in 7 contracts

Samples: Commercial License Agreement, Commercial License Agreement, Commercial License Agreement (Oncobiologics, Inc.)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for person or contemplated persons executing this Agreement on its behalf has been duly authorized to do so by this Agreementall requisite action.

Appears in 6 contracts

Samples: License Agreement (Cypress Bioscience Inc), License and Collaboration Agreement (Cypress Bioscience Inc), License Agreement (Cypress Bioscience Inc)

Due Authorization. It has duly authorized, by taken all appropriate and necessary action on to authorize its partexecution, the execution delivery and delivery performance of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementhereunder.

Appears in 5 contracts

Samples: Project Operation and Maintenance Agreement, Participation Agreement, Multi Unit Agreement (NRG Energy, Inc.)

Due Authorization. It has The execution and delivery by Lender of this Agreement, and the consummation by it of the transactions contemplated hereby, and the performance by it of its obligations hereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 4 contracts

Samples: Master Credit Facility Agreement (Newcastle Investment Corp), Master Credit Facility Agreement (Colonial Properties Trust), Master Credit Facility Agreement (Emeritus Corp\wa\)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder and the consummation of the transactions provided for or contemplated persons executing this Agreement on its behalf have been duly authorized to do so by this Agreementall requisite corporate actions.

Appears in 4 contracts

Samples: Commercial License Agreement (GTX Inc /De/), Commercial License Agreement (Opthea LTD), Commercial License Agreement (Opthea LTD)

Due Authorization. It has duly authorized, authorized by all necessary action on its part, part the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreement.

Appears in 4 contracts

Samples: Transfer and Servicing Agreement (GMF Floorplan Owner Revolving Trust), Transfer and Servicing Agreement (Nissan Wholesale Receivables Corp Ii), Transfer and Servicing Agreement (Ford Credit Auto Receivables LLC)

Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for person or contemplated persons executing this Agreement on its behalf has been duly authorized to do so by this Agreement.all requisite action (corporate or otherwise); and

Appears in 3 contracts

Samples: Development Agreement (Acadia Pharmaceuticals Inc), Development Agreement (Acadia Pharmaceuticals Inc), Development Agreement (Memory Pharmaceuticals Corp)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement by it and the consummation of the transactions provided for or contemplated in this Agreement have been duly authorized by this Agreementit by all necessary corporate action on its part.

Appears in 3 contracts

Samples: Base Indenture (A I Receivables Transfer Corp), Pooling and Servicing Agreement (A I Receivables Corp), Sale and Servicing Agreement (A I Receivables Transfer Corp)

Due Authorization. It has duly authorized, by taken all necessary action on its part, to authorize the execution and delivery of this Agreement Agreement, the creation and performance of its obligations hereunder and the consummation of the transactions provided for or contemplated by herein. It has duly executed and delivered this Agreement.

Appears in 3 contracts

Samples: Lta Equity Support Agreement, Equity Support Agreement, Mf Equity Support Agreement

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and each other Facility Document to which it is a party and the consummation of the transactions provided for or contemplated herein and therein have been duly authorized by this Agreementall necessary action on its part.

Appears in 3 contracts

Samples: Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (LGAM Private Credit LLC)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation of the transactions provided for herein have been duly authorized by all necessary action on its part, either in its individual capacity or contemplated by this Agreementas Trustee, as the case may be.

Appears in 3 contracts

Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

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Due Authorization. It has is duly authorized, by all necessary action on its part, the execution authorized to execute and delivery of deliver this Agreement and to perform its obligations hereunder, and the consummation of the transactions provided for person or contemplated persons executing this Agreement on its behalf has or have been duly authorized to do so by this Agreementall requisite action.

Appears in 2 contracts

Samples: Purchase and Supply Agreement (Forest Laboratories Inc), Purchase and Supply Agreement (Cypress Bioscience Inc)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated herein have been duly authorized by this Agreementall necessary corporate action on its part.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Metris Receivables Inc), Assignment and Assumption Agreement (Metris Receivables Inc)

Due Authorization. It has duly authorizedThe execution, by all necessary action on its part, the execution delivery and delivery performance of this Agreement and the consummation of the transactions provided for or contemplated by this Agreement have been duly authorized by all necessary action, including by Special Approval (as defined in the Operating Agreement), on the part of Company.

Appears in 2 contracts

Samples: Shared Services Agreement (Constellation Energy Partners LLC), Shared Services Agreement

Due Authorization. It has all necessary power, authority and capacity to enter into this Agreement and to carry out its obligations hereunder. The execution and delivery of this Agreement have been duly authorized, authorized by all necessary action on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreement.

Appears in 2 contracts

Samples: Property Option Agreement (Niogold Mining Corp.), Option Agreement (Niogold Mining Corp.)

Due Authorization. It has The execution and delivery by the Lender ----------------- of this Agreement, and the consummation by it of the transactions contemplated thereby, and the performance by it of its obligations thereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 1 contract

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Due Authorization. It has The execution and delivery by the Lender of ----------------- this Agreement, and the consummation by it of the transactions contemplated thereby, and the performance by it of its obligations thereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 1 contract

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation performance of the transactions provided for or contemplated its obligations hereunder have been duly authorized by this Agreementall necessary action on its part.

Appears in 1 contract

Samples: Consent Agreement (Navios Maritime Holdings Inc.)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the other Facility Documents by it and the consummation of the transactions provided for in this Agreement have been duly authorized by it by all necessary corporate, limited liability company or contemplated by this Agreementlimited partnership action, as applicable, on its part.

Appears in 1 contract

Samples: Receivables Loan Agreement (Walter Investment Management Corp)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated herein have been duly authorized by this AgreementParticipant by all necessary action on the part of Participant.

Appears in 1 contract

Samples: Master Participation Agreement (Garrison Capital LLC)

Due Authorization. It has The execution and delivery by Xxxxxx Mae of this Agreement, and the consummation by it of the transactions contemplated thereby, and the performance by it of its obligations thereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Erp Operating LTD Partnership)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated herein have been duly authorized by this Agreementall necessary organizational action on its part.

Appears in 1 contract

Samples: Loan Agreement (PIMCO Capital Solutions BDC Corp.)

Due Authorization. It has duly authorized, by all necessary action on its part, the The execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated herein have been duly authorized by this Agreementall necessary action on its part.

Appears in 1 contract

Samples: Credit and Security Agreement (SLR Private Credit BDC II LLC)

Due Authorization. It has The execution and ----------------- delivery by the Lender of this Agreement, and the consummation by it of the transactions contemplated thereby, and the performance by it of its obligations thereunder, have been duly authorized, and validly authorized by all necessary action and proceedings by it or on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Town & Country Trust)

Due Authorization. It has all requisite power and authority to enter into this Agreement, and to carry out the transactions contemplated hereby. The execution, delivery and performance of this Agreement have been duly authorized, and validly authorized by all necessary action on its part, the execution and delivery of this Agreement and the consummation of the transactions provided for or contemplated by this Agreementbehalf.

Appears in 1 contract

Samples: Securities Purchase Agreement (Five Point Holdings, LLC)

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