Common use of Power and Authorization; Enforceable Obligations Clause in Contracts

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.

Appears in 13 contracts

Samples: Credit Agreement (Tampa Electric Co), Credit Agreement (Teco Energy Inc), Credit Agreement (Tampa Electric Co)

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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 BorrowerEffect. 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) constitutesconstitute, 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.

Appears in 8 contracts

Samples: Assignment and Assumption (Tampa Electric Co), Credit Agreement (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co)

Power and Authorization; Enforceable Obligations. Borrower Each Obligor 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 Each Obligor 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 Borrowerthe Obligors, or the validity or enforceability as to Borrowerthe Obligors, of this Agreement and each other Credit Facility Document to which it each Obligor 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 BorrowerEffect. This Agreement and each other Credit Facility Document to which Borrower each Obligor is a party have been duly executed and delivered by Borrower such Obligor and constitute, and each other Credit Facility Document to which it is to become a party will upon execution and delivery thereof by Borrower such Obligor and the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of Borrower such Obligor 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.

Appears in 6 contracts

Samples: Assignment and Assumption (Teco Energy Inc), Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Teco Energy Inc)

Power and Authorization; Enforceable Obligations. Borrower Xxxxxxxx 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 Xxxxxxxx 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 BorrowerXxxxxxxx, 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 BorrowerEffect. 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) constitutesconstitute, 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.

Appears in 4 contracts

Samples: Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co)

Power and Authorization; Enforceable Obligations. Borrower Guarantor has full ------------------------------------------------ power and authority and the legal right to execute, deliver and perform this Agreement Guaranty 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 Guarantor has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement Guaranty 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 BorrowerGuarantor, or the validity or enforceability as to BorrowerGuarantor, of this Agreement Guaranty 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 Guarantor Material Adverse Effect on BorrowerEffect. This Agreement Guaranty and each other Credit Facility Document to which Borrower Guarantor is a party have been duly executed and delivered by Borrower Guarantor and constitute, and each other Credit Facility Document to which it is to become a party will upon execution and delivery thereof by Borrower Guarantor and the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of Borrower 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.

Appears in 3 contracts

Samples: Equity Contribution (Teco Energy Inc), Teco Energy Inc, Teco Energy Inc

Power and Authorization; Enforceable Obligations. Borrower The Equity Investor has full all limited liability company power and authority and the legal right to execute, deliver and perform this Agreement and each other Credit Facility Transaction 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 The Equity Investor has taken all necessary corporate limited liability company action to authorize the execution, delivery and performance of this Agreement and each other Credit Facility Transaction Document to which it is or is to become a party 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 person or Governmental Authority is required in connection with the execution, delivery or performance by Borrowerthe Equity Investor, or the validity or enforceability as to Borrowerthe Equity Investor, of this Agreement and each other Credit Facility Transaction 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 made or where the failure to obtain such consent or authorization could would not reasonably be expected to have a Material Adverse Effect on BorrowerEffect. This Agreement and each other Credit Facility Transaction Document to which Borrower the Equity Investor is a party have been duly executed and delivered by Borrower the Equity Investor and constitute, and each other Credit Facility Transaction Document to which it is to become a party will upon execution and delivery thereof by Borrower the Equity Investor and the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of Borrower the Equity Investor enforceable against it in accordance with its terms terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the right rights of creditors generally and by general principles of equity.

Appears in 2 contracts

Samples: Equity Commitment Agreement (Dynegy Holdings Inc), Equity Commitment Agreement (Dynegy Holdings Inc)

Power and Authorization; Enforceable Obligations. Borrower TECO has full power and authority and the legal right to execute, deliver and perform this Agreement Undertaking and each other Credit Facility Document document to which it is or is to become a party to complete the transactions contemplated hereby and to take all action as may be necessary to complete the transactions contemplated hereunder and thereunder. Borrower TECO has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement Undertaking and each other Credit Facility Document 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 BorrowerTECO, or the validity or enforceability as to BorrowerTECO, of this Agreement Undertaking and each other Credit Facility Document document to which it is or is to become a partyparty to complete the transactions contemplated hereby, 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 TECO Material Adverse Effect on BorrowerEffect. This Agreement Undertaking and each other Credit Facility Document document to which Borrower TECO is a party relating to the completion of the transactions contemplated hereby have been duly executed and delivered by Borrower TECO and constitute, and each other Credit Facility Document such document to which it is to become a party relating to the completion of the transactions contemplated hereby will upon execution and delivery thereof by Borrower TECO and the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of Borrower TECO 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.

Appears in 2 contracts

Samples: Construction Contract (Teco Energy Inc), Construction Contract (Teco Energy Inc)

Power and Authorization; Enforceable Obligations. (a) The Borrower has full power and authority and the legal right (subject to the receipt of the approvals referred to in Section 6.4) 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 and each other the Credit Facility Document Documents to which it is or is to become a party and party, to take all action as may be necessary to complete the transactions contemplated hereunder and thereunder, to grant the Liens provided for in the Senior Security Documents to which it is a party and to borrow hereunder. The Borrower has taken all necessary corporate company and legal action to authorize the borrowings hereunder on the terms and conditions of this Agreement and the Credit Documents to which it is a party, to grant the Liens provided for in the Senior Security Documents to which it is a party and to authorize the execution, delivery and performance of this Agreement Agreement, the Notes, and each the other Credit Facility Document Documents to which it is a party or is to become a party to complete the transactions contemplated herebyparty. No consent or authorization of, filing with, or other act by or in respect of any other Person that has not been made, obtained or Governmental Authority complied with, is required in connection with the borrowings hereunder or with the execution, delivery or performance by Borrower, the Borrower or the validity or enforceability as to Borrowerthe Borrower of this Agreement, the Notes, or the other Credit Documents. Each of this Agreement and each the other Credit Facility Document Documents 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 has been duly executed and delivered by the Borrower and, assuming the due authorization and constitutedelivery hereof and thereof by the other parties hereto and thereto, constitutes, and each of the Notes and the other Credit Facility Document Documents to which it the Borrower is to become a party will upon execution and delivery thereof by the Borrower and and, assuming due authorization thereof, by the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of the Borrower enforceable against it the Borrower in accordance with its terms terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the right rights of creditors generally and by general principles of equity (whether such enforcement is sought in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Credit Agreement (American Rock Salt Co LLC), Credit Agreement (American Rock Salt Co LLC)

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Power and Authorization; Enforceable Obligations. Borrower Guarantor has full ------------------------------------------------ power and authority and the legal right to execute, deliver and perform this Agreement Guaranty and each other Credit Facility Bridge Loan 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 Guarantor has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement Guaranty and each other Credit Facility Bridge Loan 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 BorrowerGuarantor, or the validity or enforceability as to BorrowerGuarantor, of this Agreement Guaranty and each other Credit Facility Bridge Loan 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 BorrowerGuarantor. This Agreement Guaranty and each other Credit Facility Bridge Loan Document to which Borrower Guarantor is a party have been duly executed and delivered by Borrower Guarantor and constitute, and each other Credit Facility Bridge Loan Document to which it is to become a party will upon execution and delivery thereof by Borrower Guarantor and the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of Borrower 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.

Appears in 2 contracts

Samples: Equity Bridge Guaranty (Teco Energy Inc), Equity Bridge Guaranty (Teco Energy Inc)

Power and Authorization; Enforceable Obligations. Borrower TECO has full power ------------------------------------------------ and authority and the legal right to execute, deliver and perform this Agreement Undertaking and each other Credit Facility Document document to which it is or is to become a party to complete the transactions contemplated hereby and to take all action as may be necessary to complete the transactions contemplated hereunder and thereunder. Borrower TECO has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement Undertaking and each other Credit Facility Document 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 BorrowerTECO, or the validity or enforceability as to BorrowerTECO, of this Agreement Undertaking and each other Credit Facility Document document to which it is or is to become a partyparty to complete the transactions contemplated hereby, 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 TECO Material Adverse Effect on BorrowerEffect. This Agreement Undertaking and each other Credit Facility Document document to which Borrower TECO is a party relating to the completion of the transactions contemplated hereby have been duly executed and delivered by Borrower TECO and constitute, and each other Credit Facility Document such document to which it is to become a party relating to the completion of the transactions contemplated hereby will upon execution and delivery thereof by Borrower TECO and the other parties thereto (if any) constitutesconstitute, a legal, valid and binding obligation of Borrower TECO 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.

Appears in 1 contract

Samples: Teco Energy Inc

Power and Authorization; Enforceable Obligations. Borrower Xxxxxxxx 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 Xxxxxxxx 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 BorrowerXxxxxxxx, 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 BorrowerEffect. This Agreement and each other Credit Facility Document to which Borrower is a party have been duly executed and delivered by Borrower Xxxxxxxx and constitute, and each other Credit Facility Document to which it is to become a party will upon execution and delivery thereof by Borrower Xxxxxxxx and the other parties thereto (if any) constitutesconstitute, 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.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

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 BorrowerEffect. 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 Table of Contents 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) constitutesconstitute, 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.

Appears in 1 contract

Samples: Credit Agreement (Tampa Electric Co)

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 Loan 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 herebyLoan Document. 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 Loan Document to which it Borrower 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 BorrowerEffect. This Agreement and each other Credit Facility Loan Document to which Borrower is a party have been duly executed and delivered by Borrower and constitute, and each other Credit Facility Loan Document to which it is to become a party will upon execution and delivery thereof by Borrower and the other parties thereto (if any) constitutesconstitute, 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.

Appears in 1 contract

Samples: Loan Agreement (Teco Energy Inc)

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