Common use of Capacity and Power Clause in Contracts

Capacity and Power. Such Seller has full power, authority and legal capacity to enter into this Agreement and to consummate the transactions contemplated for such Seller hereby, as applicable, and to perform its obligations hereunder and thereunder. If such Seller is a trustee, the underlying trust is a trust duly established and validly existing under the Laws of the state of its creation and such Seller has the requisite power and authority to hold the property held in such trust, to carry on the affairs of such trust as now being conducted and, acting for and on behalf of such trust, has the requisite power and authority to enter into this Agreement and carry out and perform all of such trust’s obligations hereunder.