Power and Authorization; Enforceable Obligations. Borrower has full power and authority and the legal right to execute, deliver and perform this Agreement and each other Credit Facility Document to which it is or is to become a party and to take all action as may be necessary to complete the transactions contemplated hereunder and thereunder. Borrower has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and each other Credit Facility Document to which it is or is to become a party to complete the transactions contemplated hereby. No consent or authorization of, filing with, or other act by or in respect of any other Person or Governmental Authority is required in connection with the execution, delivery or performance by Borrower, or the validity or enforceability as to Borrower, of this Agreement and each other Credit Facility Document to which it is or is to become a party, except such consents or authorizations or filings or other acts as have already been obtained or where the failure to obtain such consent or authorization could not reasonably be expected to have a Material Adverse Effect on Borrower. This Agreement and each other Credit Facility Document to which Borrower is a party have been duly executed and delivered by Borrower and constitute, and each other Credit Facility Document to which it is to become a party will upon execution and delivery thereof by Borrower and the other parties thereto (if any) constitutes, a legal, valid and binding obligation of Borrower enforceable against it in accordance with its terms except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the right of creditors generally and by general principles of equity.
Power and Authorization; Enforceable Obligations. The Borrower has full limited liability company power and authority to execute, deliver and perform the Loan Documents and the Project Contracts to which it is, or pursuant to an assignment thereof by an Affiliate of the Borrower has become, a party, and to become obligated with respect to borrowings and other Obligations hereunder and thereunder, and has taken all action necessary to be taken by it to authorize such borrowings, its Obligations hereunder and under the Loan Documents to which it is a party, and to authorize the execution, delivery and performance of the Loan Documents and the Project Contracts to which it is, or pursuant to an assignment thereof by an Affiliate of the Borrower, has become a party. No consent, waiver, authorization of or filing with any Person is required in connection with the borrowings or other Obligations hereunder or the execution, delivery, performance by, or the validity or enforceability against Borrower of the Loan Documents and the Project Contracts to which it is, or pursuant to an assignment thereof by an Affiliate of the Borrower has become, a party, except for (i) the filing of UCC financing statements and recordation of any mortgages, in each case if applicable, (ii) such as have been made or obtained and are in full force and effect and (iii) as set forth in Schedule 1.5, with respect to any applicable Project Permit. Each of the Loan Documents to which it is a party has been duly executed and delivered on behalf of Borrower and the Loan Documents and the Project Contracts constitute legally valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, except as enforceability may be limited by general equitable principles or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally.
Power and Authorization; Enforceable Obligations. (a) Each of the Company and its Subsidiaries has full corporate power and authority to engage in all Project Activities, to conduct its business as now conducted, to execute, deliver and perform each of this Agreement and the other Transaction Documents to which it is a party and each other document to be executed in connection herewith, to take all action as may be necessary to complete the transactions contemplated hereunder, including to borrow the Loans and to grant the Liens provided for in the Security Documents to which it is a party.
Power and Authorization; Enforceable Obligations. Each of the Borrowers has all requisite power and authority to execute, deliver and perform this Credit Agreement and the other Credit Documents to which it is a party and to borrow the Loans hereunder. Each of the Borrowers has taken all necessary corporate and legal action to authorize the borrowings hereunder on the terms and conditions of this Credit Agreement and the other Credit Documents to which it is a party and to authorize the execution, delivery and performance of this Credit Agreement and the other Credit Documents to which it is a party. Each of the Credit Agreement and the other Credit Documents have been executed and delivered by a duly authorized officer of each of the Borrowers. This Credit Agreement constitutes, and upon execution thereof, each other Credit Document will constitute, a legal, valid and binding obligation of each applicable Borrower enforceable against such Borrower in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors’ rights generally and except as enforceability may be limited by general principles of equity and an implied covenant of good faith.
Power and Authorization; Enforceable Obligations. 5 Section 2.3. Government Approval 6 Section 2.4. Ownership 6 Section 2.5. First Lien 6
Power and Authorization; Enforceable Obligations. (a) The Pledgor has full power and authority and the legal right to conduct its business as now conducted and as proposed to be conducted by it, to execute, deliver and perform this Agreement and any other Principal Documents to which it is a party and to take all actions necessary to complete the transactions contemplated by this Agreement and any such other Principal Document. The Pledgor has taken all necessary action to authorize the transactions contemplated hereby on the terms and conditions of this Agreement and any other Principal Document to which it is a party, and to authorize the execution, delivery and performance of this Agreement and any other Principal Document to which it is a party.
Power and Authorization; Enforceable Obligations. The Borrower has full corporate power and corporate authority to own and operate the Project, to conduct its business as now conducted and as proposed to be conducted by it, to execute, deliver and perform this Agreement, the Notes and the other Project Documents to which it is or is to become a party, to take all action as may be necessary to complete the transactions contemplated hereunder and thereunder, to grant the liens and security interests provided for in the Security Documents to which it is a party and to borrow hereunder. The Borrower has taken all necessary corporate and legal action to authorize the borrowings hereunder on the terms and conditions of this Agreement, the Notes and the other Project Documents to which it is a party, to grant the liens and security interests provided for in the Security Documents to which it is a party and to authorize the execution, delivery and performance of this Agreement, the Notes and the other Project Documents to which it is a party. No consent or authorization of, filing with, or other act by or in respect of any other Person is required in connection with the borrowings hereunder or with the execution, delivery or performance by the Borrower or the validity or enforceability as to the Borrower of this Agreement, the Notes and the other Project Documents except the Governmental Approvals and other consents and approvals referred to in Section 8.05. Each of this Agreement and the other Project Documents to which the Borrower is a party has been duly executed and delivered by the Borrower and constitutes, and each of the Notes and the other Project Documents to which the Borrower is to become a party will upon execution and delivery thereof by the Borrower and the other parties thereto (if any) constitute, a legal, valid and binding obligation of the Borrower enforceable against the Borrower in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors generally and by general principles of equity (regardless of whether enforcement thereof is sought in a proceeding at law or in equity). Except as otherwise disclosed in writing to the Agent by the Borrower prior to the Restatement Effective Date, none of the Project Documents to which the Borrower is a party has been amended or modified except in accordance with Section 11.06, and all such Project Documents are in full force and effect...
Power and Authorization; Enforceable Obligations. 4.2.1 Pledgor has the power and authority to:
Power and Authorization; Enforceable Obligations. Pledgor has the full power and authority to execute, deliver and perform this Agreement and each other Operative Document to which it is a party and to take all action as may be necessary to complete the transactions contemplated hereunder and thereunder. Pledgor has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and each other Operative Document to which it is a party and to complete the transactions contemplated hereby and thereby. No consent or authorization of, filing with, or other act by or in respect of any other Person or Governmental Authority is required in connection with the execution, delivery or performance by Pledgor, or the validity or enforceability as to Pledgor, of this Agreement and each other Operative Document to which it is a party, except such consents or authorizations or filings or other acts as have already been obtained or made or where the failure to obtain such consent or authorization could not reasonably be expected to have a Material Adverse Effect. This Agreement and each other Operative Document to which Pledgor is a party have been duly executed and delivered by Pledgor and constitute, and each other Operative Document to which it is a party will upon execution and delivery thereof by Pledgor and the other parties thereto (if any) constitute, a legal, valid and binding obligation of Pledgor enforceable against it in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the right of creditors generally and by general principles of equity.
Power and Authorization; Enforceable Obligations. (a) The Guarantor has all corporate power and authority to execute, deliver and perform this Guaranty and to take all action as may be necessary to complete the transactions contemplated hereunder. The Guarantor has taken all necessary corporate action to authorize the execution, delivery and performance of this Guaranty and to complete the transactions contemplated hereby. No consent or authorization of, filing with, or other act by or in respect of any other Person or Governmental Authority is required in connection with the execution, delivery or performance by the Guarantor, or the validity or enforceability as to the Guarantor, of this Guaranty, except such consents, authorizations, filings or other acts as have already been obtained or made. This Guaranty has been duly executed and delivered by the Guarantor and constitutes a legal, valid and binding obligation of the Guarantor enforceable against it in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the right of creditors generally and by general principles of equity.
