Partnership or Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by the Borrower of this Agreement, the Notes and the other Loan Documents and by the Guarantors of the Guaranty (i) are within the Borrower's partnership powers and the Guarantor's respective corporate powers, (ii) have been duly authorized by all necessary partnership or corporate action, (iii) require no action by or in respect of or filing with, any governmental body, agency or official, other than filings required by federal or state securities laws with respect to this Agreement (iv) do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of limited partnership or partnership agreement of the Borrower or the articles of incorporation or by-laws of any Guarantor or of any material agreement, judgment, injunction, order, decree or other instrument binding upon the Borrower, any Guarantor or any other Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of the Borrower, any Guarantor or any other Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Residential Trust)
Partnership or Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by the Borrower of this Agreement, the Reimbursement Notes and the other Loan Documents and by the Guarantors of the Guaranty (i) are within the Borrower's partnership powers and the Guarantor's respective corporate powers, (ii) have been duly authorized by all necessary partnership or corporate action, (iii) require no action by or in respect of or filing with, any governmental body, agency or official, other than filings required by federal or state securities laws with respect to this Agreement (iv) do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of limited partnership or partnership agreement of the Borrower or the articles of incorporation or by-laws of any Guarantor or of any material agreement, judgment, injunction, order, decree or other instrument binding upon the Borrower, any Guarantor or any other Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of the Borrower, any Guarantor or any other Subsidiaries.
Appears in 2 contracts
Samples: Reimbursement Agreement (Gables Residential Trust), Reimbursement Agreement (Gables Realty Limited Partnership)
Partnership or Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by the Borrower of this Agreement, the Notes and the other Loan Documents and by the Guarantors of the Guaranty (i) are within the Borrower's partnership powers and the Guarantor's Guarantors' respective corporate powers, (ii) have been duly authorized by all necessary partnership or corporate action, (iii) require no action by or in respect of or filing with, any governmental body, agency or official, other than filings required by federal or state securities laws with respect to this Agreement (iv) do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of limited partnership or partnership agreement of the Borrower or the articles of incorporation or by-laws of any Guarantor the Guarantors or of any material agreement, judgment, injunction, order, decree or other instrument binding upon the Borrower, any Guarantor the Guarantors or any other Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of the Borrower, any Guarantor the Guarantors or any other Subsidiaries.
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Partnership or Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by the Borrower Borrowers of this Agreement, the Notes and the other Loan Documents and by the Guarantors of the Guaranty (i) are within the Borrower's Borrowers' partnership powers and the Guarantor's respective corporate powers, (ii) have been duly authorized by all necessary partnership or corporate action, (iii) require no action by or in respect of or filing with, any governmental body, agency or official, other than filings required by federal or state securities laws with respect to this Agreement (iv) do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of limited partnership or partnership agreement of the Borrower Borrowers or the articles of incorporation or by-laws of any Guarantor or of any material agreement, judgment, injunction, order, decree or other instrument binding upon the BorrowerBorrowers, any Guarantor or any other Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of the BorrowerBorrowers, any Guarantor or any other Subsidiaries.
Appears in 1 contract
Samples: Credit Agreement (Gables Realty Limited Partnership)
Partnership or Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by the Borrower of this Agreement, the Notes and the other Loan Documents and by the Guarantors of the Guaranty (i) are within the Borrower's partnership powers and the each Guarantor's respective corporate powers, (ii) have been duly authorized by all necessary partnership or corporate action, (iii) require no action by or in respect of or filing with, any governmental body, agency or official, other than filings required by federal or state securities laws with respect to this Agreement (iv) do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of limited partnership or partnership agreement of the Borrower or the articles of incorporation or by-laws of any Guarantor the Guarantors or of any material agreement, judgment, injunction, order, decree or other instrument binding upon the Borrower, any Guarantor the Guarantors or any other Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of the Borrower, any Guarantor the Guarantors or any other Subsidiaries.
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Partnership or Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by the Borrower of this Agreement, the Term Loan Notes and the other Loan Documents and by the Guarantors of the Guaranty (i) are within the Borrower's partnership powers and the Guarantor's respective corporate powers, (ii) have been duly authorized by all necessary partnership or corporate action, (iii) require no action by or in respect of or filing with, any governmental body, agency or official, other than filings required by federal or state securities laws with respect to this Agreement (iv) do not contravene, or constitute a default under, any provision of applicable law or regulation or of the certificate of limited partnership or partnership agreement of the Borrower or the articles of incorporation or by-laws of any Guarantor or of any material agreement, judgment, injunction, order, decree or other instrument binding upon the Borrower, any Guarantor or any other Subsidiaries, and (v) do not result in the creation or imposition of any Lien on any asset of the Borrower, any Guarantor or any other Subsidiaries.the
Appears in 1 contract
Samples: Term Loan Credit Agreement (Gables Residential Trust)