Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings and each of its Subsidiaries of each Loan Document executed or to be executed by it are in each case within such Person’s powers, have been duly authorized by all necessary action, and do not: (a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or (b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement (Xtant Medical Holdings, Inc.), Credit Agreement (Bacterin International Holdings, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan Credit Document executed or to be executed by it to which it is a party are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law Law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement (Acutus Medical, Inc.), Credit Agreement (Acutus Medical, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan Document executed or to be executed by it are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement (Natera, Inc.), Credit Agreement (Natera, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan Investment Document executed or to be executed by it are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law Law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement (AVITA Medical, Inc.), Credit Agreement (DarioHealth Corp.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan Document executed or to be executed by it are in each case within such Person’s organizational powers, have been duly authorized by all necessary organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except in favor of the Lender or as otherwise permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement (Health Catalyst, Inc.), Credit Agreement (Health Catalyst, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings Holdings, the Borrower and each of its Subsidiaries Subsidiary of each Loan Document executed or to be executed by it are in each case within such Person’s corporate or other powers, have been duly authorized by all necessary corporate or other action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement (Unilife Corp), Credit Agreement (Unilife Corp)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Parent, the Borrower and each of its Subsidiaries Subsidiary of each Loan Investment Document executed or to be executed by it are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’the Parent’s, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdingsthe Parent, the Borrower or any Subsidiary or (iii) any law Law or governmental regulation binding on or affecting Holdingsthe Parent, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’the Parent’s, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdingsthe Parent, the Borrower or any Subsidiary.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings Holdings, the Borrower and each of its Subsidiaries Subsidiary of each Loan Document executed or to be executed by it are in each case within such Person’s powers, have been duly authorized by all necessary action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 1 contract
Sources: Credit Agreement (Bacterin International Holdings, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan CreditLoan Document executed or to be executed by it to which it is a party are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law Law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings Holdings, the Borrower and each of its Subsidiaries Subsidiary of each Loan Investment Document executed or to be executed by it are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) in any material respect, any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) in any material respect, any law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a material default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 1 contract
Sources: Credit Agreement (Harmony Biosciences Holdings, Inc.)
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan Investment Document executed or to be executed by it to which it is a party are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) any law Law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings the Borrower and each of its Subsidiaries Subsidiary of each Loan Investment Document executed or to be executed by it are in each case within such Person’s corporate or organizational powers, have been duly authorized by all necessary corporate or organizational action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any Subsidiary’s Organic Documents, (ii) in any material respect, any court decree or order binding on or affecting Holdings, the Borrower or any Subsidiary or (iii) in any law material respect, any Law or governmental regulation binding on or affecting Holdings, the Borrower or any Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any Subsidiary’s properties (except as permitted by this Agreement) or (ii) a material default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any Subsidiary.
Appears in 1 contract
Due Authorization, Non-Contravention, etc. The execution, delivery and performance by Holdings Holdings, the Borrower and each of its Subsidiaries Subsidiary of each Loan Document executed or to be executed by it are in each case within such Person’s powers, have been duly authorized by all necessary action, and do not:
(a) contravene (i) Holdings’, the Borrower’s or any such Subsidiary’s Organic Documents, (ii) any court decree or order binding on or affecting Holdings, the Borrower or any such Subsidiary or (iii) in any material respect, any law or governmental regulation binding on or affecting Holdings, the Borrower or any such Subsidiary; or
(b) result in (i) or require the creation or imposition of any Lien on Holdings’, the Borrower’s or any such Subsidiary’s properties (except as permitted by this Agreement) or (ii) a default under any material contract, agreement, or instrument binding on or affecting Holdings, the Borrower or any such Subsidiary.
Appears in 1 contract
Sources: Credit Agreement (GC Aesthetics PLC)