Common use of Power; Authorization; Enforceability Clause in Contracts

Power; Authorization; Enforceability. Borrower has the power and authority, and the legal right, to make, deliver and perform this Seventh Amendment and the other Transaction Documents to which it is a party. Borrower has taken all necessary limited liability company action to authorize the execution, delivery and performance of this Seventh Amendment and the other Transaction Documents to which it is a party and to authorize the borrowings on the terms and conditions therein. No consent or authorization of, filing with, notice to or other act by or in respect of, any Governmental Authority or any other Person is or was required in connection with the transactions contemplated herein or in the other Transaction Documents, the borrowings thereunder, or the execution, delivery, performance, validity or enforceability of this Seventh Amendment or any other Transaction Documents (other than the filings referred to in Section 7.19 of the Credit Agreement). Each Transaction Document to which Borrower is a party that is in effect on the date this representation and warranty is made has been duly executed and delivered on behalf of Borrower. This Seventh Amendment constitutes, and each other Transaction Document to which Borrower is a party, upon execution, will constitute, a legal, valid and binding obligation of Borrower, enforceable against Borrower in accordance with its respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Power; Authorization; Enforceability. Borrower has the power and authority, and the legal right, to make, deliver and perform this Seventh Eighth Amendment and the other Transaction Documents to which it is a party. Borrower has taken all necessary limited liability company action to authorize the execution, delivery and performance of this Seventh Eighth Amendment and the other Transaction Documents to which it is a party and to authorize the borrowings on the terms and conditions therein. No consent or authorization of, filing with, notice to or other act by or in respect of, any Governmental Authority or any other Person is or was required in connection with the transactions contemplated herein or in the other Transaction Documents, the borrowings thereunder, or the execution, delivery, performance, validity or enforceability of this Seventh Eighth Amendment or any other Transaction Documents (other than the filings referred to in Section 7.19 of the Credit Agreement). Each Transaction Document to which Borrower is a party that is in effect on the date this representation and warranty is made has been duly executed and delivered on behalf of Borrower. This Seventh Eighth Amendment constitutes, and each other Transaction Document to which Borrower is a party, upon execution, will constitute, a legal, valid and binding obligation of Borrower, enforceable against Borrower in accordance with its respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Power; Authorization; Enforceability. (a) Borrower has the power and authority, and the legal right, to makeown or lease and operate its property, to carry on its business as now conducted and as proposed to be conducted, and to execute, deliver and perform this Seventh Amendment and the other Transaction Loan Documents to which it is a partyparty and to obtain the Loan hereunder. Borrower has taken all necessary limited liability company organizational action to authorize the execution, delivery and performance of this Seventh Amendment and the other Transaction Loan Documents to which it is a party and to authorize the borrowings borrowing of Loan on the terms and conditions thereincontained herein. No consent or authorization of, filing with, notice to or other act by by, or in respect of, any Governmental Authority or any other Person is or was required in connection with the transactions contemplated herein extensions of credit hereunder or in the other Transaction Documents, the borrowings thereunder, or with the execution, delivery, performance, validity or enforceability of this Seventh Amendment Agreement or any other Transaction Documents (other than the filings referred to in Section 7.19 of the Credit Agreement)Loan Documents, except corporate and other organizational approvals, which approvals have been obtained and are in full force and effect and true and correct copies of which have provided to Lender. Each Transaction Loan Document has been duly executed and delivered by Borrower or each Project Entity which is a party thereto. (b) Each Loan Document to which Borrower is a party that is in effect on the date this representation and warranty is made has been duly executed and when delivered on behalf of Borrower. This Seventh Amendment constitutes, and each other Transaction Document to which Borrower is a party, upon execution, hereunder will constitute, a legal, valid and binding obligation of Borrower, enforceable against Borrower in accordance with its respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ ' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).