Power and Due Authorization. Each of the Invesque Parties has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it will be a party. This Agreement has been, and each of the Transaction Agreements to which any Invesque Party is a party has been, duly authorized, validly executed and delivered by the Invesque Party, as applicable, and is or will be (assuming the due authorization, execution and delivery of the other parties hereto and thereto), as applicable, a legal, valid and binding obligation of the Invesque Party as applicable, enforceable against each in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
Power and Due Authorization. Each of the GP Shareholders has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it is a party. This Agreement has been, and each of the Transaction Agreements to which a GP Shareholder is a party will be, at or prior to the Closing, duly authorized, validly executed and delivered by such GP Shareholder and (assuming the due authorization, execution and delivery of the other parties hereto and thereto) this Agreement constitutes, and each of the Transaction Agreements will, when so executed and delivered, constitute, the legal, valid and binding obligations of such GP Shareholder, enforceable against it in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
Power and Due Authorization. Mohawk Master GP has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it is a party. This Agreement has been, and each of the Transaction Agreements to which Mohawk Master GP is a party will be, at or prior to the Closing, duly authorized, validly executed and delivered by Mohawk Master GP and (assuming the due authorization, execution and delivery of the other parties hereto and thereto) this Agreement constitutes, and each of the Transaction Agreements will, when so executed and delivered, constitute, the legal, valid and binding obligations of Mohawk Master GP, enforceable against it in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
Power and Due Authorization. Each of the REIT and the Partnership has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it is a party. This Agreement has been, and each of the Transaction Agreements to which the REIT or the Partnership is a party will be, at or prior to the Closing, duly authorized, validly executed and delivered by the REIT or the Partnership, as applicable, and (assuming the due authorization, execution and delivery of the other parties hereto and thereto) this Agreement constitutes, and each of the Transaction Agreements will, when so executed and delivered, constitute, the legal, valid and binding obligations of the REIT or the Partnership, as applicable, enforceable against it in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
Power and Due Authorization. Subject to the Arrangement Resolutions being approved at the Meetings by not less than the Required Vote as provided for in the Interim Order and as required by applicable Law, and filings being made as required by the Court, the Agent has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it is a party. This Agreement has been, and each of the Transaction Agreements to which the Agent is a party will be, at or prior to the Closing, duly authorized, validly executed and delivered by the Agent and (assuming the due authorization, execution and delivery of the other parties hereto and thereto) this Agreement constitutes, and each of the Transaction Agreements will, when so executed and delivered, constitute, the legal, valid and binding obligations of the Agent, enforceable against it in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
Power and Due Authorization. The Fund has the power and capacity to enter into, and to perform its obligations under this Agreement and the other Transaction Documents to which it is a party. This Agreement, each of the other Transaction Documents and any other agreements, contracts and instruments required by this Agreement to be delivered by the Fund at Closing has been duly authorized by the Fund. This Agreement and each of the other Transaction Documents to which it is a party have been duly executed and delivered by the Fund and are valid and binding obligations of the Fund, enforceable against the Fund in accordance with their respective terms, except (a) that such enforcement may be subject to applicable bankruptcy, insolvency or other similar Laws, now or hereafter in effect, affecting creditors’ rights generally, (b) that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defences and to the discretion of the court before which any proceeding therefor may be brought. At the Time of Closing, any other agreement or instrument to be delivered by the Fund pursuant to this Agreement will be duly executed and delivered by the Fund and will be valid and binding obligations of the Fund, enforceable against the Fund in accordance with its terms, subject to the said exceptions as to bankruptcy, insolvency and similar Laws and the availability of equitable remedies.
Power and Due Authorization. Each of MDC, Ashton-Potter, Custom Direct ULC and Custom Direct has xxx xxxxx xxx authority to enter into and perform its obligations under this Agreement and the Ancillary Agreements as to which it is a party and to carry out the transactions contemplated in the Prospectus. Each of this Agreement and the Ancillary Agreements as to which each is a party has been, or will at the Closing Time be, duly authorized, executed and delivered by each of MDC, Custom Direct ULC, Ashton-Potter and Custom Direct and is, or will at the Xxxxxxx Xxxx be, a legal, valid and binding obligation of each of MDC, Custom Direct ULC, Ashton-Potter and Custom Direct, enforceable against it xx xxxxxxxxxe with its terms, subject to the usual exceptions as to bankruptcy and the availability of equitable remedies.
Power and Due Authorization. Each of the Partnership and MHI Inc. has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it will be a party. This Agreement has been, and each of the Transaction Agreements to which the Partnership and MHI Inc. is a party have been, duly authorized, validly executed and delivered by the Partnership or MHI Inc., as applicable, and is or will be (assuming the due authorization, execution and delivery of the other parties hereto and thereto), as applicable, a legal, valid and binding obligation of the Partnership or MHI Inc., enforceable against each in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
Power and Due Authorization. The Seller has all necessary authority, power and capacity to enter into, perform its obligations under and consummate the transactions contemplated by this Agreement and the Transaction Agreements to which it is a party. This Agreement has been, and each of the Transaction Agreements to which the Seller is a party will be, at or prior to the Closing, duly authorized, validly executed and delivered by the Seller and (assuming the due authorization, execution and delivery of the other parties hereto and thereto) this Agreement constitutes, and each of the Transaction Agreements will, when so executed and delivered, constitute, the legal, valid and binding obligations of the Seller, enforceable against it in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other and similar Laws relating to or affecting creditors’ rights generally and except for the limitations imposed by general principles of equity.
