Authority, Enforceability, Etc. This Deed of Trust, the Mortgage Note and all of the other Loan Documents executed by Grantor have been duly executed and delivered by Grantor pursuant to authority legally adequate therefor, and Grantor has been and is authorized and empowered by all necessary persons having the power of direction over it to execute and deliver this Deed of Trust, the Mortgage Note and each such other Loan Document and to carry out the transactions contemplated herein and therein. Each of this Deed of Trust, the Mortgage Note and each such other Loan Document is a legal, valid and binding obligation of Grantor, enforceable against Grantor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law); and
Authority, Enforceability, Etc. The Seller has taken all necessary action to authorize execution, delivery and performance of each of the Sale Documents to which it is a party. Assuming due authorization, execution and delivery by the Buyer, the Sale Documents and all the obligations of the Seller thereunder are the legal, valid and binding obligations of the Seller enforceable in accordance with the terms of the Sale Documents, except as such enforcement may be limited by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Authority, Enforceability, Etc. The execution, delivery and performance of this Agreement by Pledgor will not cause a violation of or a default under the Organizational Agreements of Pledgor or any Pledged Entity. The execution and delivery of this Agreement and the performance of Pledgor’s obligations hereunder will not conflict with or result in a breach of the terms or provisions of any (i) Legal Requirement, (ii) agreement to which any Pledgor or any Pledged Entity is a party or by which any of its assets are bound, or (iii) judgment, decree, arbitration award, or pending litigation to which Pledgor or any Pledged Entity is subject. No approval by, authorization or consent of, or filing with any Governmental Authority or any other Person is necessary in connection with the execution, delivery and performance by Pledgor of this Agreement, or if such approval, authorization, or consent is necessary, it has been obtained. This Agreement constitutes the valid and legally binding obligations of Pledgor and is fully enforceable against Pledgor in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and limitations imposed by general principles of equity. The jurisdiction of organization (as such term is defined in the UCC) and place of business of Pledgor is set forth in the signature block of Pledgor. No change has been or will be made in the jurisdiction of organization or place of business of Pledgor, except upon at least thirty (30) days’ prior notice to Lender.
Authority, Enforceability, Etc. The Seller has the power and authority to execute, deliver and perform each of the Sale Documents to which it is a party and has taken all necessary action to authorize such execution, delivery and performance. The Seller had at all relevant times, and now has, power, authority and legal right to acquire and own the Purchased Assets and service the Receivables, and the Seller has the power and authority to sell and assign the Purchased Assets to the Buyers and has duly authorized such sale and assignment to the Buyers by all necessary corporate action; and the execution, delivery and performance of this Agreement has been duly authorized by the Seller by all necessary corporate action. Assuming due authorization, execution and delivery by the Buyers, the Sale Documents and all the obligations of the Seller thereunder are the legal, valid and binding obligations of the Seller enforceable in accordance with the terms of the Sale Documents, except as such enforcement may be limited by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Authority, Enforceability, Etc. This Mortgage and all of the other Loan Documents executed by Mortgagor have been duly executed and delivered by Mortgagor pursuant to authority legally adequate therefor, and Mortgagor has been and is authorized and empowered by all necessary persons having the power of direction over it to execute and deliver this Mortgage and all other Loan Documents and to carry out the transactions contemplated herein and therein. This Mortgage and each such other Loan Document is a legal, valid and binding obligation of Mortgagor, enforceable against Mortgagor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law); and
Authority, Enforceability, Etc. The Seller has the power and authority to execute, deliver and perform each of the Sale Documents to which it is a party and has taken all necessary action to authorize such execution, delivery and performance. The Seller’s execution of this Agreement and its performance of its obligations hereunder are not subject to any further approval, vote or contingency from any person or committee. Assuming due authorization, execution and delivery by the Buyer, the Sale Documents and all the obligations of the Seller thereunder are the legal, valid and binding obligations of the Seller enforceable in accordance with the terms of the Sale Documents, except as such enforcement may be limited by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). 6.1.3
Authority, Enforceability, Etc. Upon Bankruptcy Court approval, the Seller shall have the full and absolute power to enter into this Agreement and the documents contemplated hereby, to perform its obligations under this Agreement and each such document, and to consummate the transactions contemplated hereby and thereby. Upon Bankruptcy Court approval, the execution, delivery and performance by the Seller of this Agreement and all documents contemplated hereby and the consummation of the transactions contemplated hereby and thereby shall have been duly and validly authorized by all necessary action (corporate or otherwise) on the part of the Seller. Upon Bankruptcy Court approval, each of this Agreement and the documents contemplated hereby shall have been, or upon its execution and delivery will be, duly and validly executed and delivered by the Seller and shall be, or upon its execution and delivery shall be, a valid and binding obligation of the Seller, enforceable against the Seller in accordance with its terms.
Authority, Enforceability, Etc. Seller has the requisite power and authority to enter into the transactions contemplated by this Agreement and has obtained all necessary approvals and consents (to the extent required) to enter into this Agreement and perform its obligations hereunder.
Authority, Enforceability, Etc. Subject to Bankruptcy Court approval, each of the Sellers has the full and absolute power to enter into this Agreement and the documents contemplated hereby, to perform its obligations under this Agreement and each such document, and to consummate the transactions contemplated hereby and thereby. The execution, delivery and performance by each of the Sellers of this Agreement and all documents contemplated hereby and the consummation of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary action (corporate or otherwise), including shareholder approval, on the part of each of the Sellers. Each of this Agreement and the documents contemplated hereby has been, or upon its execution and delivery will be, duly and validly executed and delivered by each of the Sellers and is, or upon its execution and delivery will be (assuming approval of this Agreement by the Bankruptcy Court), a legal, valid and binding obligation of each of the Sellers, enforceable against such Seller in accordance with its terms.
Authority, Enforceability, Etc. Each Seller has the power and authority to make, execute, deliver and perform its obligations under the Sale Documents and to consummate all of the transactions contemplated under the Sale Documents, and has taken all necessary corporate action to authorize the execution, delivery and performance of the Sale Documents. Each of the Sale Documents constitutes the legal, valid and binding obligation of each Seller party thereto, enforceable in accordance with their terms, except as enforcement of such terms may be limited by applicable Insolvency Laws and general principles of equity, whether considered in a suit at law or in equity.
