Due Authorization and No Conflict. The execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated by this Agreement and the Credit Agreement as amended by this Agreement: (i) have been duly authorized by all necessary corporate action; (ii) do not and will not conflict with, result in any breach or violation of, or constitute a default under, the constating documents or by-laws of or any law, regulation, order, judgment, arrangement, writ, injunction, decree, determination or award presently in effect and applicable to it or any commitment, agreement or any other instrument to which it is now a party or is otherwise bound; (iii) do not result in or require the creation of any security interest upon or with respect to any of its properties or assets; and (iv) except as advised in writing to Lender concurrently herewith, do not require the consent or approval of, or registration or filing with, any other party (including shareholders of Borrower) or any governmental body, agency or authority.
Appears in 3 contracts
Sources: Amending Agreement (Delphax Technologies Inc), Credit Agreement (Delphax Technologies Inc), Credit Agreement (Delphax Technologies Inc)
Due Authorization and No Conflict. The execution, delivery and performance by it the Borrower of this Agreement the Loan Documents, and the consummation of the transactions contemplated by this Agreement hereby and the Credit Agreement as amended by this Agreementthereby:
(i) have been duly authorized by all necessary corporate actionaction on the part of the Borrower;
(ii) do not and will not conflict with, result in any material breach or violation of, or constitute a material default under, the constating documents or by-laws of the Borrower, or any lawApplicable Laws, regulation, order, judgment, arrangement, writ, injunction, decree, or any determination or award presently in effect and applicable to it the Borrower or any material commitment, agreement or any other instrument to which it the Borrower is now a party or is otherwise bound;; and
(iii) do not result in or require the creation of any security interest upon or with respect to any of its properties or assets; and
(iv) except as advised in writing to Lender concurrently herewith, do not require the consent or approval (other than those consents or approvals already obtained and certified copies of which have been delivered to the Lender) of, or registration or filing with, any other party (including shareholders of the Borrower) or any governmental body, agency or authorityGovernmental Authority.
Appears in 2 contracts
Sources: Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc)
Due Authorization and No Conflict. The execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated by this Agreement and the Credit Agreement as amended by this Agreement:
(i) : have been duly authorized by all necessary corporate action;
(ii) ; do not and will not conflict with, result in any breach or violation of, or constitute a default under, the constating documents or by-laws of or any law, regulation, order, judgment, arrangement, writ, injunction, decree, determination or award presently in effect and applicable to it or any commitment, agreement or any other instrument to which it is now a party or is otherwise bound;
(iii) ; do not result in or require the creation of any security interest upon or with respect to any of its properties or assets; and
(iv) and except as advised in writing to Lender concurrently herewith, do not require the consent or approval of, or registration or filing with, any other party (including shareholders of Borrower) or any governmental body, agency or authority.
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