Common use of Due Authorization; Non-Contravention Clause in Contracts

Due Authorization; Non-Contravention. Subject to the entry of the Orders, the execution, delivery and performance by each Borrower of each Transaction Document to which it is a party are within such Borrower’s organizational powers, have been duly authorized by all necessary action, and do not: (a) contravene such Borrower’s Organic Documents; (b) contravene in any material respect any Law binding on or affecting such Borrower; (c) contravene any Contractual Obligation binding on or affecting such Borrower; (d) require any consent or approval under such Borrower’s Organic Documents that has not been obtained; (e) require any consent or approval under any Contractual Obligations binding on or affecting such Borrower other than any approvals or consents which have been obtained; or (f) result in, or require the creation or imposition of, any Lien on any of such Borrower’s properties other than Permitted Liens.

Appears in 2 contracts

Sources: Debtor in Possession Credit Agreement (Pacific Ethanol, Inc.), Debt Agreement (Pacific Ethanol, Inc.)

Due Authorization; Non-Contravention. Subject to the entry of the Orders, the The execution, delivery and performance by each the Borrower of each Transaction Document to which it is a party at any time this representation is given or deemed repeated are within such the Borrower’s organizational limited liability company powers, have been duly authorized by all necessary limited liability company action, and do not: (a) contravene such Borrower’s its Organic DocumentsDocuments (including its LLC Agreement); (b) contravene in any material respect any Law binding on or affecting such BorrowerPerson; (c) contravene in any material respect any Contractual Obligation binding on or affecting such BorrowerPerson; (d) require any consent or approval under such Borrower’s its Organic Documents that has not been obtained; (e) require any consent or approval under any Contractual Obligations Obligation binding on or affecting such Borrower Person other than any approvals or consents which that have been obtained; or (f) result in, or require the creation or imposition of, any Lien on any of such the Borrower’s properties or Equity Interests other than Permitted Liens.

Appears in 2 contracts

Sources: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)

Due Authorization; Non-Contravention. Subject to the entry of the Orders, the execution, delivery and performance by each the Borrower of each Transaction Document to which it is a party are within such the Borrower’s organizational limited liability company powers, have been duly authorized by all necessary limited liability company action, and do not: (a) contravene such the Borrower’s Organic DocumentsDocuments (including the Borrower LLC Agreement); (b) contravene in any material respect any Law binding on or affecting such the Borrower; (c) contravene any Contractual Obligation binding on or affecting such the Borrower; (d) require any consent or approval under such the Borrower’s Organic Documents that has not been obtained; (e) require any consent or approval under any Contractual Obligations Obligation binding on or affecting such the Borrower other than any approvals or consents which have that has not been obtained; or (fe) result in, or require the creation or imposition of, any Lien on any of such the Borrower’s properties or Equity Interests other than Permitted Liens.

Appears in 1 contract

Sources: Debt Agreement (First United Ethanol LLC)

Due Authorization; Non-Contravention. Subject to The execution, delivery, and performance of this Agreement by it, the entry consummation of the Orderstransactions contemplated hereby, the executionconversion of the Borrower from a limited partnership to a limited liability company, delivery and performance by each the Borrower of each Transaction Document to which it is a party are within such Borrower’s organizational powers, LLC Agreement have been duly and validly authorized by all necessary actionrequisite limited liability company or corporate action on its part, and do not: (ai) contravene such Borrower’s its Organic Documents; (bii) contravene in any material respect any Law law binding on or affecting such Borrowerit; (ciii) contravene in any material respect any Contractual Obligation binding on or affecting such Borrowerit; (div) require any consent or approval under such Borrower’s its Organic Documents that has not been obtained; (ev) require any consent or approval under any Contractual Obligations Obligation binding on or affecting such Borrower it other than any approvals or consents which have been obtained; or (fvi) result in, or require the creation or imposition of, any Lien on any of such Borrower’s its properties or the Equity Interests of the Borrower other than Permitted LiensLiens in favor of the Collateral Agent.

Appears in 1 contract

Sources: Restructuring Agreement (Advanced BioEnergy, LLC)

Due Authorization; Non-Contravention. Subject to the entry of the Orders, the The execution, delivery and performance by each the Borrower of each of the SNDAs and each Transaction Document to which it is a party are within such the Borrower’s organizational limited partnership powers, have been duly authorized by all necessary limited partnership action, and do not: (a) contravene such the Borrower’s Organic DocumentsDocuments (including the Borrower LP Agreement); (b) contravene in any material respect any Law binding on or affecting such the Borrower; (c) contravene any Contractual Obligation binding on or affecting such the Borrower; (d) require any consent or approval under such the Borrower’s Organic Documents that has not been obtained; (e) require any consent or approval under any Contractual Obligations Obligation binding on or affecting such the Borrower other than any approvals or consents which have been obtained; or (f) result in, or require the creation or imposition of, any Lien on any of such the Borrower’s properties or Equity Interests other than Permitted Liens.

Appears in 1 contract

Sources: Senior Credit Agreement (Advanced BioEnergy, LLC)

Due Authorization; Non-Contravention. Subject to The execution, delivery, and performance of this Agreement by it, the entry consummation of the Orderstransactions contemplated hereby, the executionconversion of the Borrower from a limited partnership to a limited liability company, delivery and performance by each the Borrower of each Transaction Document to which it is a party are within such Borrower’s organizational powers, LLC Agreement have been duly and validly authorized by all necessary actionrequisite limited liability company or corporate action on its part, and do not: : (ai) contravene such Borrower’s its Organic Documents; (bii) contravene in any material respect any Law law binding on or affecting such Borrowerit; (ciii) contravene in any material respect any Contractual Obligation binding on or affecting such Borrowerit; (div) require any consent or approval under such Borrower’s its Organic Documents that has not been obtained; (ev) require any consent or approval under any Contractual Obligations Obligation binding on or affecting such Borrower it other than any approvals or consents which have been obtained; or (fvi) result in, or require the creation or imposition of, any Lien on any of such Borrower’s its properties or the Equity Interests of the Borrower other than Permitted LiensLiens in favor of the Collateral Agent.

Appears in 1 contract

Sources: Restructuring Agreement