Due Authorization; Non-Contravention. The execution, delivery and performance of this Agreement and each of the other Operative Documents to which it is or will be a party have been or when executed and delivered will be duly authorized by all necessary company action and do not and will not: (i) contravene the Organic Documents of Midwest; (ii) contravene any Requirement of Law or Contractual Obligation, binding on or affecting Midwest; or (iii) result in, or require the creation or imposition of, any Lien (other than pursuant to the Operative Documents) on any of the properties of Midwest; except, in case of clauses (ii) and (iii) where such contravention, creation or imposition would not result in a Material Adverse Effect on Midwest.
Appears in 4 contracts
Sources: Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC)
Due Authorization; Non-Contravention. The execution, delivery and performance of this Agreement and each of the other Operative Documents to which it is or will be a party have been or when executed and delivered will be duly authorized by all necessary company action and do not and will not:
(i) contravene the Organic Documents of Midwest;
(ii) contravene any Requirement of Law or Contractual Obligation, binding on or affecting Midwest; or
(iii) result in, or require the creation or imposition of, any Lien (other than pursuant to the Operative DocumentsDocu- ments) on any of the properties of Midwest; except, in case of clauses (ii) and (iii) where such contravention, creation or imposition would not result in a Material Adverse Effect on Midwest.
Appears in 2 contracts
Sources: Participation Agreement (Edison Mission Energy), Participation Agreement (Edison Mission Energy)
Due Authorization; Non-Contravention. The execution, delivery and performance performances of this Agreement and each of the other Operative Documents to which it is or will be a party have been or when executed and delivered will be duly authorized by all necessary company action and do not and will not:
(i) contravene the Organic Documents of Midwest;
(ii) contravene any Requirement of Law or Contractual Obligation, binding on or affecting Midwest; or
(iii) result in, or require the creation or imposition of, any Lien (other than pursuant to the Operative Documents) on any of the properties of Midwest; except, in . In case of clauses (ii) and (iii) ), except where such contravention, creation or imposition would not result in a Material Adverse Effect on Midwest.
Appears in 1 contract