Common use of Authority and Validity of Obligations Clause in Contracts

Authority and Validity of Obligations. The Borrower has full right and authority to enter into this Agreement and the other Loan Documents, to make the borrowings herein provided for, to issue its Note in evidence thereof, and to perform all of its obligations hereunder and under the other Loan Documents. The Loan Documents delivered by the Borrower have been duly authorized, executed, and delivered by the Borrower and constitute valid and binding obligations of the Borrower enforceable in accordance with their terms except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower of any of the matters and things herein or therein provided for, (a) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision of the articles of incorporation or by-laws of the Borrower or any covenant, indenture or agreement of or affecting the Borrower or any of its Property, or (b) result in the creation or imposition of any Lien on any Property of the Borrower.

Appears in 1 contract

Sources: Credit Agreement (First Interstate Bancsystem Inc)

Authority and Validity of Obligations. The (a) Borrower has full right and authority to enter into this Agreement and the other Loan DocumentsDocuments executed by it, to make the borrowings herein provided for, to issue its Note grant to Administrative Agent the Liens described in evidence thereofthe Collateral Documents executed by Borrower, and to perform all of its obligations hereunder and under the other Loan Documents. Documents executed by it. (b) Each Loan Party has full right and authority to enter into the Loan Documents executed by it, to guarantee the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, to grant to Administrative Agent the Liens described in the Collateral (c) The Loan Documents delivered by Borrower and the Borrower Loan Parties have been duly authorized, executed, and delivered by the Borrower such Persons and constitute valid and binding obligations of Borrower and the Borrower Guarantors enforceable against them in accordance with their terms terms, except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, conveyance or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this . (d) This Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower or any other Loan Party of any of the matters and things herein or therein provided for, (ai) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any other Loan Party, (ii) contravene or constitute a default under any provision of the articles Organizational Documents of incorporation or by-laws of the Borrower or any other Loan Party, (iii) conflict with, contravene or constitute a default under any material covenant, indenture or agreement of or affecting the Borrower or any other Loan Party or any of its their Property, or (biv) result in the creation or imposition of any Lien on any Property of Borrower or any Subsidiary other than the BorrowerLiens granted in favor of Administrative Agent pursuant to the Collateral Documents.

Appears in 1 contract

Sources: Credit Agreement (Sterling Construction Co Inc)

Authority and Validity of Obligations. The Borrower B▇▇▇▇▇▇▇ has full right and authority to enter into this Agreement and the other Loan DocumentsDocuments to which it is a party, to make grant to Lender the borrowings herein provided for, Liens described in the Collateral Documents to issue its Note in evidence thereofwhich it is a party, and to perform all of its obligations hereunder and under the other Loan DocumentsDocuments to which it is a party. The Loan Documents delivered by the Borrower have been duly authorized, executed, and delivered by the Borrower and constitute valid and binding obligations of the Borrower enforceable against Borrower in accordance with their terms terms, except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, conveyance or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower of any of the matters and things herein or therein provided for, (a) contravene violate or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision organizational documents of the articles of incorporation Borrower, (b) violate or by-laws of the Borrower or constitute a default under any covenant, indenture or agreement of or affecting Borrower, in each case where such violation or default, individually or in the Borrower or any of its Propertyaggregate, could reasonably be expected to have a Material Adverse Effect, or (bc) result in the creation or imposition of any Lien on any Property upon the Collateral other than the Liens granted in favor of Lender pursuant to the BorrowerCollateral Documents.

Appears in 1 contract

Sources: Credit Agreement (First Wave BioPharma, Inc.)

Authority and Validity of Obligations. The Each Borrower has full right and authority to enter into this Agreement and the other Loan Documents, to make the borrowings herein provided for, to issue its Note in evidence thereof, and to perform all of its obligations hereunder and under the other Loan Documents. The Loan Documents delivered by the each Borrower have been duly authorized, executed, executed and delivered by the relevant Borrower and constitute valid and binding obligations of the such Borrower enforceable in accordance with their terms except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, conveyance or similar laws affecting creditors' rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower Borrowers of any of the matters and things herein or therein provided for, (a) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the either Borrower or any provision of the articles of incorporation or by-laws of the either Borrower or any covenant, indenture or agreement of or affecting the either Borrower or any of its their Property, or (b) result in the creation or imposition of any Lien on any Property of either Borrower except for Liens granted in favor of the BorrowerBank.

Appears in 1 contract

Sources: Credit Agreement (Midwest Banc Holdings Inc)

Authority and Validity of Obligations. The Borrower has full right and authority to enter into this Agreement and the other Loan Documents, to make the borrowings herein provided for, to issue its Note in evidence thereof, and to perform all of its obligations hereunder and under the other Loan Documents. The Loan Documents delivered by the Borrower have been duly authorized, executed, and delivered by the Borrower and constitute valid and binding obligations of the Borrower enforceable in accordance with their terms except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower of any of the matters and things herein or therein provided for, (a) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision of the articles of incorporation association or by-laws of the Borrower or any covenant, indenture or agreement of or affecting the Borrower or any of its Property, or (b) result in the creation or imposition of any Lien on any Property of the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Community First Bankshares Inc)

Authority and Validity of Obligations. The Borrower has full right and authority to enter into this Agreement and the other Loan Documents, to make the borrowings herein provided for, to issue its Note in evidence thereof, to grant to the Bank the Liens described herein, and to perform all of its obligations hereunder and under the other Loan Documents. The Loan Documents delivered by the Borrower have been duly authorized, executed, and delivered by the Borrower such Persons and constitute valid and binding obligations of the Borrower enforceable against them in accordance with their terms except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower of any of the matters and things herein or therein provided for, (a) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision of the articles of incorporation or by-laws of the Borrower Borrower’s Organizational Documents or any covenant, indenture or agreement of or affecting the Borrower or any of its Property, or (b) result in the creation or imposition of any Lien on any Property of the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Siebert Financial Corp)

Authority and Validity of Obligations. The Borrower Servicer has full right and authority to enter into this Agreement and the other Loan Documents, Documents to make the borrowings herein provided for, to issue its Note in evidence thereof, which it is a party and to perform all of its obligations hereunder and under the other Loan DocumentsDocuments to which it is a party. The This Agreement and each of the other Loan Documents delivered by to which the Borrower Servicer is a party have been duly authorized, executed, and delivered by the Borrower Servicer and constitute valid and binding obligations of the Borrower Servicer, enforceable against the Servicer in accordance with their terms terms, except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); , and this Agreement and the other Loan Documents to which the Servicer is a party do not, nor does the performance or observance by the Borrower Servicer of any of the matters and things herein or therein provided for, (ai) contravene or constitute a default under any provision of the Organizational Documents of the Servicer, (ii) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision of the articles of incorporation or by-laws of the Borrower Servicer or any covenant, indenture or agreement of or affecting the Borrower Servicer or any of its Property, except to the extent that such violation could not reasonably be expected to have a Servicer Material Adverse Effect, or (biii) result in the creation or imposition of any Lien on any Property of the BorrowerServicer other than Liens granted to the Buyer and the Collateral Agent on the Purchased Assets.

Appears in 1 contract

Sources: Servicing Agreement (Priority Technology Holdings, Inc.)

Authority and Validity of Obligations. The Borrower has full right and authority to enter into this Agreement and the other Loan Documents, to make the borrowings herein provided for, to issue its Note in evidence thereof, to grant to the Bank the Liens described in the Collateral Documents, and to perform all of its obligations hereunder and under the other Loan Documents. The Loan Documents delivered by the Borrower have been duly authorized, executed, and delivered by the Borrower and constitute valid and binding obligations of the Borrower enforceable in accordance with their terms except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, or similar laws affecting creditors' rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower of any of the matters and things herein or therein provided for, (a) contravene or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision of the charter, articles of incorporation incorporation, or by-laws of the Borrower or any covenant, indenture or agreement of or affecting the Borrower Borrower, or any of its Property, or (b) result in the creation or imposition of any Lien on any Property of the BorrowerBorrower other than the Liens granted to the Bank.

Appears in 1 contract

Sources: Credit Agreement (Primus Guaranty LTD)

Authority and Validity of Obligations. The Borrower has full right and authority to enter into this Agreement and the other Loan DocumentsDocuments to which it is a party, to make grant to Lender the borrowings herein provided for, Liens described in the Collateral Documents to issue its Note in evidence thereofwhich it is a party, and to perform all of its obligations hereunder and under the other Loan DocumentsDocuments to which it is a party. The Loan Documents delivered by the Borrower have been duly authorized, executed, and delivered by the Borrower and constitute valid and binding obligations of the Borrower enforceable against Borrower in accordance with their terms terms, except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, conveyance or similar laws affecting creditors’ rights generally and general principles of equity (regardless of whether the application of such principles is considered in a proceeding in equity or at law); and this Agreement and the other Loan Documents do not, nor does the performance or observance by the Borrower of any of the matters and things herein or therein provided for, (a) contravene violate or constitute a default under any provision of law or any judgment, injunction, order or decree binding upon the Borrower or any provision organizational documents of the articles of incorporation Borrower, (b) violate or by-laws of the Borrower or constitute a default under any covenant, indenture or agreement of or affecting Borrower, in each case where such violation or default, individually or in the Borrower or any of its Propertyaggregate, could reasonably be expected to have a Material Adverse Effect, or (bc) result in the creation or imposition of any Lien on any Property upon the Collateral other than the Liens granted in favor of Lender pursuant to the BorrowerCollateral Documents or Permitted Liens.

Appears in 1 contract

Sources: Credit Agreement (Birner Dental Management Services Inc)