Right to Act Sample Clauses

Right to Act. No registration with or approval of any governmental agency (except for approval as to form and legality by the Attorney General for the Commonwealth of Pennsylvania) is required for the due execution and delivery or enforceability of this Agreement. The Servicer has legal power to execute and deliver this Agreement under the laws of Pennsylvania and to perform such Services and observe the provisions herein under the laws of Pennsylvania. By executing and delivering this Agreement, and by performing and observing the provisions of this Agreement, the Servicer will not violate any existing provision of its Articles of Incorporation or its bylaws or any applicable law or violate or otherwise become in default under any existing contract or other obligation binding upon the Servicer. The officers executing and delivering this Agreement have been duly authorized to do so, and this Agreement is legally binding upon the Servicer and enforceable against the Servicer in every respect.

Right to Act. No registration with or approval of any governmental agency of any kind is required for the due execution and delivery or for the enforceability of this Agreement and any Note issued pursuant to this Agreement. The Borrower has legal power and right to execute and deliver this Agreement and any Note issued pursuant to this Agreement and to perform and observe the provisions of this Agreement and any Note issued pursuant hereto and all such actions have been duly authorized by all necessary corporate action of the Borrower. By executing and delivering this Agreement and any Note issued pursuant to this Agreement and by performing and observing the provisions of this Agreement and any Note issued pursuant hereto, the Borrower will not violate any existing provision of its Articles of Incorporation, Code of Regulations or any applicable law or violate or otherwise become in default under any existing contract, agreement, indenture or other obligation binding upon the Borrower. The officers executing and delivering this Agreement on behalf of the Borrower have been duly authorized to do so.

Right to Act. No registration with or consent or approval of any governmental agency of any kind is required for the execution, delivery, performance and enforceability of the Borrower Documents. The Borrower has full power and authority, corporate and otherwise, to execute, deliver and perform the Borrower Documents.

Right to Act. No registration with or approval of any governmental agency is required for the due execution and delivery or enforceability of this Agreement. CFMS has legal power to execute and deliver this Agreement under the laws of Virginia and to perform such Services and observe the provisions herein under the laws of Virginia. By executing and delivering this Agreement, and by performing and observing the provisions of this Agreement, CFMS will not violate any existing provision of its Articles of Incorporation or its bylaws or any applicable law or violate or otherwise become in default under any existing contract or other obligation binding upon CFMS. The officers executing and delivering this Agreement are duly authorized to do so, and this Agreement is legally binding upon CFMS and enforceable against the CFMS in every respect.

Right to Act. The Borrower has the legal power, capacity and right to execute and deliver all of the Loan Documents, and to observe and perform all of the provisions of the Loan Documents. The Borrower's execution and delivery of the Loan Documents and its performance or observance of the provisions of the Loan Documents do not and will not violate any existing provisions in Borrower's Articles of Incorporation or By-Laws or any law applicable to Borrower or otherwise constitute a default or a violation under, or result in the imposition of any lien under, or conflict with, or result in any breach of any of the provisions of, any existing material contract or other obligation binding Borrower, with or without the passage of time or the giving of notice or both. The officer executing and delivering the Loan Documents on behalf of the Borrower has been duly authorized to do so, and the Loan Documents referred to herein are legal, valid and binding obligations of the Borrower enforceable in accordance with their respective terms.

Right to Act. By virtue of the appointment of the Securityholders’ Representative, as of the Closing, no individual Securityholder shall be entitled to protect or enforce any rights under (including under Constitutive Documents, the Company Stock Plan or any Subscription Agreement or other Contract with respect Shares, Options, RSUs, or Warrants) or with respect to this Agreement or any SR Agreement, including, for the avoidance of doubt, in respect of any Milestone Payments or other matters set forth in Exhibit H on behalf of any or all Securityholders, to institute any Action (at law or in equity or otherwise) under or with respect to this Agreement or any SR Agreement, and no individual Securityholder or other group of Securityholders will be entitled to take any such action.

Right to Act. No registration with or approval of any governmental agency of any kind is required for the due execution and delivery of, or for the enforceability of, this Loan Agreement, the Note or any of the Security Instruments or other Loan Documents except for the recording in the appropriate public office of the Mortgage and the Financing Statement(s). The Borrower has the legal power and right to execute and deliver this Loan Agreement, the Note, the Security Instruments and the other Loan Documents and to observe and perform all of the provisions of such instruments and documents. The Borrower's execution and delivery of this Loan Agreement, the Note and Security Instruments or of any other writing relating to the Loan, or the performance or observance by the Borrower of the provisions of any of such instruments, do not violate or will violate any law applicable to it or otherwise constitute a default or violation under any existing contract or other obligation binding upon it or its property, with or without the passage of time or the giving of notice, or both. The persons or entities executing and delivering this Loan Agreement, the Note, Security Instruments and other Loan Documents on behalf of the Borrower have been duly authorized to do so, and this Loan Agreement, the Note, the Security Instruments and the other Loan Documents are legally binding upon the Borrower, and are enforceable in accordance with their respective terms.

Right to Act. Upon Subscriber’s failure to perform any of its duties required by these Terms and Conditions, NSv may, but shall not be obligated to, perform any or all such duties, including payment of any tax, assessment, or insurance and other charges or expenses as provided herein. Subscriber shall reimburse NSv an amount equal to the cost paid plus a 10% administrative fee. Upon each anniversary of the Commencement Date, NSv shall review the change in the Consumer Price Index (CPI-U, U.S. city average, all items, 1982-1984=100) (the “Index”) as published by the U.S. Bureau of Labor Statistics, over the prior twelve (12) months (or such period as close as possible given the dates on which the CPI-U is published). Such review shall be made by subtracting the Index in effect as of the previous anniversary date (or commencement date when such review is made at the first anniversary) (“Base CPI”), from the Index published as close to the anniversary date (“Current CPI”) as possible. The resulting difference is then divided by the Base CPI. If the quotient (the “Factor”) is .03 or greater, then NSv shall have the right to adjust going forward all NSv recurring charges as of the anniversary date by multiplying the recurring charges by the “Index Ratio” which is equal to the Factor plus one (1). If the Factor is .03 or greater in any year, all subsequent increases to the Index as of the anniversary date, regardless of amount, shall be used to determine the “Adjusted Factor.” NSv shall have the right to adjust going forward all NSv recurring charges as of each anniversary date by multiplying the original recurring charges (as determined prior to any adjustment under this provision) by the “Adjusted Index Ratio,” which is equal to the Adjusted Factor plus one (1). The determination of the Factor, Adjusted Factor, and related Index Ratios is represented by the following formulas: F = (A – B)/B AF = ((A – B)/B) + F IR = F+1 AIR =AF + 1 Where: A = Current CPI F = Factor IR = Index Ratio B = Base CPI AF = Adjusted Factor AIR = Adjusted Index Ratio No adjustment shall be made to the recurring charges until the Index has increased by 3% or more between anniversary dates. NSv reserves the right to adjust all non-recurring charges using the same calculations. In the event that the Index is unavailable as of the anniversary date, you are to continue to timely pay all NSv recurring charges until the Index is available. Once available, the calculation shall occur to determine if the NSv...

Right to Act. Upon Subscriber’s failure to perform any of its duties required by these Terms and Conditions, Sangoma may, but shall not be obligated to, perform any or all such duties, including payment of any tax, assessment, or insurance and other charges or expenses as provided herein. Subscriber shall reimburse Sangoma an amount equal to the cost paid plus a 10% administrative fee. Sangoma guarantees 99.999% network reliability for voice services as outlined in this section. Subscriber’s exclusive remedy under this guarantee is that Sangoma shall provide a 200% credit to Subscriber’s account for the duration of any outage if the cause of a voice service interruption is traced to Sangoma network; more than fifteen percent (15%) of Subscriber's phones are affected by the interruption; and the interruption exceeds 26 seconds duration (less than 99.999% monthly uptime). The credit shall be calculated by dividing the duration of the outage in seconds (less 26 seconds) by the total seconds in the month times the total fixed recurring service charge (exclusive of equipment, maintenance, Taxes and Fees) times two. Subscribers may request credit for outages by emailing xxxxxxx@xxxx0xxxx.xxx, by dialing *2* (Sangoma as spelled out on your Sangoma phone by dialing the * and 2 keys) or calling 000-000-XXXX (7827). Credit must be requested within seven (7) days of the applicable outage to be eligible. The credit shall be applied to the next billing cycle invoice. Please be aware that SD-WAN service, 4G LTE Failover, Video Meetings, Connected Workspace, Chat Messaging, Messaging, and softphone applications are not considered part of the Sangoma voice services network and therefore are not covered by this network reliability guarantee. Sangoma guarantees 99.999% network availability for SD-WAN service as outlined in this section. 99.999% availability guarantee for SD-WAN services shall apply where the following requirements are met:

Right to Act. Neither the execution and delivery of this Credit ------------ Agreement, the Note, or the Collateral Documents, the consummation of any transaction contemplated by those documents, nor compliance with their terms and provisions will: (a) conflict with or result in a breach of any of the terms, conditions or provisions of its or any Subsidiary's Organizational Agreements, any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality, or any agreement or instrument to which Borrower or any Subsidiary is a party or is subject or by which properties of Borrower or any Subsidiary may be bound; (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever, upon any of Borrower's or any Subsidiary's property or assets; or (c) require the consent of any Person.