Validity and Enforceability of Loan Documents. The execution, delivery and performance by Grantor of the Loan Documents to which it is a party: (a) are within the powers of Grantor and have been duly authorized by Grantor (and all requisite actions for such authorization have been taken); (b) have received all (if any) requisite prior governmental approval in order to be legally binding and enforceable against Grantor in accordance with the terms thereof; and (c) will not violate, be in conflict with, result in a breach of or constitute (with due notice or lapse of time, or both) a default under, any Organizational Documents or any Governmental Requirement or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of Grantor's property or assets, except as contemplated by the provisions of the Loan Documents. The Loan Documents to which Grantor is a party constitute the legal, valid and binding obligations of Grantor enforceable in accordance with their respective terms.
Appears in 5 contracts
Samples: Deed of Trust (Westway Group, Inc.), Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Leasehold Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)
