Common use of Execution, Delivery and Performance of Loan Documents Clause in Contracts

Execution, Delivery and Performance of Loan Documents. a. Borrower has all requisite power and authority to execute and deliver, and to perform all of his obligations under, the Loan Documents. b. The execution and delivery by Borrower of, and the performance by Borrower of each of his obligations under, each Loan Document will not: (i) require any consent or approval not heretofore obtained of any Person; (ii) violate any provision of any order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Borrower; or (iii) result in a breach of or constitute a default under, or cause or permit the acceleration of any obligation owed under, any indenture or loan or credit agreement or any other material agreement, lease or instrument to which Borrower is a party or by which Borrower or any property of Borrower is bound or affected. c. Borrower is not in default under any order, writ, judgment, injunction, decree, determination, award, indenture, agreement, lease or instrument described in subparagraphs (ii) or (iii) of Paragraph b of this Section 6.1 in any respect that is materially adverse to the interests of Lender, or that could materially impair the ability of Borrower to perform obligations under the Loan Documents, or that has a material adverse effect on the business or financial condition of Borrower. d. Other than approvals (or exemptions therefrom) already obtained by Borrower, to Borrower's knowledge, no authorization, consent, approval, order, license, permit or exemption from, or filing, registration or qualification with, any Governmental Agency is or will be required under applicable Law to authorize or permit the execution and delivery by Borrower of, and the performance by Borrower of all of his obligations under, each Loan Document. e. Each of the Loan Documents, when executed and delivered, will constitute the legal, valid and binding obligations of Borrower enforceable against him in accordance with its terms.

Execution, Delivery and Performance of Loan Documents. a. Borrower has all requisite power and authority to execute and deliver, and to perform all of his obligations under, the Loan Documents. b. The execution and delivery by Borrower of, and the performance by Borrower of each of his obligations under, each Loan Document will not: (i) require any consent or approval not heretofore obtained of any Person; (ii) violate any provision of any order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Borrower; or (iii) result in a breach of or constitute a default under, or cause or permit the acceleration of any obligation owed under, any indenture or loan or credit agreement or any other material agreement, lease or instrument to which Borrower is a party or by which Borrower or any property of Borrower is bound or affected. c. Borrower is not in default under any order, writ, judgment, injunction, decree, determination, award, indenture, agreement, lease or instrument described in subparagraphs (ii) or (iii) of Paragraph b of this Section 6.1 5.1 in any respect that is materially adverse to the interests of Lender, or that could materially impair the ability of Borrower to perform obligations under the Loan Documents, or that has a material adverse effect on the business or financial condition of Borrower. d. Other than approvals (or exemptions therefrom) already obtained by Borrower, to Borrower's knowledge, no authorization, consent, approval, order, license, permit or exemption from, or filing, registration or qualification with, any Governmental Agency is or will be required under applicable Law to authorize or permit the execution and delivery by Borrower of, and the performance by Borrower of all of his obligations under, each Loan Document. e. Each of the Loan Documents, when executed and delivered, will constitute the legal, valid and binding obligations of Borrower enforceable against him in accordance with its terms.

Execution, Delivery and Performance of Loan Documents. a. Borrower (a) The Company has all requisite power and authority to execute and deliver, and to perform all of his its obligations under, the Loan Documents. b. (b) The execution and delivery by Borrower the Company of, and the performance by Borrower the Company of each of his its obligations under, each Loan Document have been duly authorized by all necessary action and do not and will not: (i) require any consent or approval not heretofore obtained of any Personstockholder, security holder or creditor of the Company or any Subsidiary; (ii) violate any provision of the articles of incorporation or bylaws of the Company or any provision of the articles or certificate of incorporation or organization, bylaws, operating agreement or partnership agreement of any Subsidiary; (iii) result in or require the creation or imposition of any Lien (except to the extent that any Lien is created under this Agreement) upon or with respect to any property now owned or leased or hereafter acquired by the Company or any Subsidiary; (iv) violate any provision of any Law, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Borrower; orthe Company, any Subsidiary or any property owned by the Company or any Subsidiary; (iiiv) result in a breach of or constitute a default under, or cause or permit the acceleration of any obligation owed under, any indenture or loan or credit agreement Contractual Obligation of the Company or any other material agreement, lease or instrument to which Borrower is a party or by which Borrower or any property of Borrower is bound or affectedSubsidiaries. c. Borrower (c) The Company and each Subsidiary is not in default under any Law, order, writ, judgment, injunction, decree, determination, award, indenture, agreement, lease or instrument described in subparagraphs (iiSECTIONS 7.2(b)(iv) or (iiiOR 7.2(b)(v) of Paragraph b of this Section 6.1 above, in any respect that (i) is materially Materially adverse to the interests of Lenderthe Banks, or that (ii) could materially Materially impair the ability of Borrower the Company to perform its obligations under the Loan Documents, or that (iii) has a material Material adverse effect on the business or financial condition of Borrowerthe Company or any Subsidiary. d. Other than approvals (or exemptions therefromd) already obtained by Borrower, to Borrower's knowledge, no No authorization, consent, approval, order, license, permit or exemption from, or filing, registration or qualification with, or other action by, or notice to any Governmental Agency Authority not heretofore obtained is or will be required under applicable Law to authorize or permit the execution and delivery by Borrower of, and the performance by Borrower the Company of all of his its obligations under, each the Loan DocumentDocuments. e. (e) Each of the Loan Documents, when executed and delivered, will constitute the legal, valid and binding obligations of Borrower the Company enforceable against him it in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or other similar laws relating to or affecting creditors' rights generally or equitable principles relating to the granting of specific performance or other equitable remedies as a matter of judicial discretion.

Execution, Delivery and Performance of Loan Documents. a. Borrower (a) The Company has all requisite power and authority to execute and deliver, and to perform all of his its obligations under, the Loan Documents. b. (b) The execution and delivery by Borrower the Company of, and the performance by Borrower the Company of each of his its obligations under, each Loan Document have been duly authorized by all necessary action and do not and will not: (i) require any consent or approval not heretofore obtained of any Personstockholder, security holder or creditor of the Company; (ii) violate any provision of the charter or certificate or articles of incorporation or the bylaws of the Company; (iii) other than as contemplated by the Pledge Agreement, result in or require the creation or imposition of any Lien or Right of Others upon or with respect to any property now owned or leased or hereafter acquired by the Company; (iv) violate any provision of any Law (including without limitation Regulations U or X of the Board of Governors of the Federal Reserve System), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Borrowerthe Company; or (iiiv) result in a breach of or constitute a default under, or cause or permit the acceleration of any obligation owed under, any indenture or loan or credit agreement or any other material agreement, lease or instrument to which Borrower the Company is a party or by which Borrower the Company or any property of Borrower the Company is bound or affected. c. Borrower (c) The Company is not in default under any Law, order, writ, judgment, injunction, decree, determination, award, indenture, agreement, lease or instrument described in subparagraphs (iiSections 7.2(b)(iv) or (iii7.2(b)(v) of Paragraph b of this Section 6.1 in any respect that is materially adverse to the interests of Lenderthe Banks, or that could materially impair the ability of Borrower the Company to perform obligations its Obligations, under the Loan Documents, or that has a material adverse effect on the business or financial condition of Borrowerthe Company. d. Other than approvals (or exemptions therefromd) already obtained by Borrower, to Borrower's knowledge, no No authorization, consent, approval, order, license, permit or exemption from, or filing, registration or qualification with, any Governmental Agency is or will be required under applicable Law to authorize or permit the execution and delivery by Borrower the Company of, and the performance by Borrower the Company of all of his obligations its Obligations under, each Loan Document. e. (e) Each of the Loan Documents, when executed and delivered, will constitute the legal, valid and binding obligations of Borrower the Company enforceable against him it in accordance with its terms.

Execution, Delivery and Performance of Loan Documents. a. Borrower (a) The Company has all requisite power and authority to execute and deliver, and to perform all of his its obligations under, the Loan Documents. b. (b) The execution and delivery by Borrower the Company of, and the performance by Borrower the Company of each of his its obligations under, each Loan Document have been duly authorized by all necessary action and do not and will not: (i) require any consent or approval not heretofore obtained of any Personstockholder, security holder or creditor of the Company or any Subsidiary; (ii) violate any provision of the articles of incorporation or bylaws of the Company or any provision of the articles or certificate of incorporation or organization, bylaws, operating agreement or partnership agreement of any Subsidiary; (iii) result in or require the creation or imposition of any Lien (except to the extent that any Lien is created under this Agreement) upon or with respect to any property now owned or leased or hereafter acquired by the Company or any Subsidiary; (iv) violate any provision of any Law, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Borrower; orthe Company, any Subsidiary or any property owned by the Company or any Subsidiary; (iiiv) result in a breach of or constitute a default under, or cause or permit the acceleration of any obligation owed under, any indenture or loan or credit agreement Contractual Obligation of the Company or any other material agreement, lease or instrument to which Borrower is a party or by which Borrower or any property of Borrower is bound or affectedSubsidiaries. c. Borrower (c) The Company and each Subsidiary is not in default under any Law, order, writ, judgment, injunction, decree, determination, award, indenture, agreement, lease or instrument described in subparagraphs (iiSections 7.2(b)(iv) or (iii7.2(b)(v) of Paragraph b of this Section 6.1 above, in any respect that (i) is materially Materially adverse to the interests of Lenderthe Banks, or that (ii) could materially Materially impair the ability of Borrower the Company to perform its obligations under the Loan Documents, or that (iii) has a material Material adverse effect on the business or financial condition of Borrowerthe Company or any Subsidiary. d. Other than approvals (or exemptions therefromd) already obtained by Borrower, to Borrower's knowledge, no No authorization, consent, approval, order, license, permit or exemption from, or filing, registration or qualification with, or other action by, or notice to any Governmental Agency Authority not heretofore obtained is or will be required under applicable Law to authorize or permit the execution and delivery by Borrower of, and the performance by Borrower the Company of all of his its obligations under, each the Loan DocumentDocuments. e. (e) Each of the Loan Documents, when executed and delivered, will constitute the legal, valid and binding obligations of Borrower the Company enforceable against him it in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or other similar laws relating to or affecting creditors' rights generally or equitable principles relating to the granting of specific performance or other equitable remedies as a matter of judicial discretion.