Common use of Authorization, Etc Clause in Contracts

Authorization, Etc. The execution, delivery and performance by Borrower of this Amendment and the other Loan Documents being executed concurrently herewith, and the performance of the Loan Agreement, as amended hereby, and the other Loan Documents, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any of the governing documents of any Borrower or any applicable Requirement of Law, (iii) do not and will not contravene any Contractual Obligation binding on or otherwise affecting any Borrower or any of its properties (except for those the conflict with which could not reasonably be expected to result in a Material Adverse Effect), (iv) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any properties of any Borrower, and (v) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except in each case to the extent that such default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal could not reasonably be expected to result in a Material Adverse Effect.

Authorization, Etc. The execution, delivery and performance by Borrower each Loan Party of this Amendment and the other each Loan Documents being executed concurrently herewith, and the performance of the Loan Agreement, as amended hereby, and the other Loan DocumentsDocument to which it is or will be a party, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any of the governing documents of any Borrower or its Governing Documents, (B) any applicable material Requirement of Law, Law or (iiiC) do not and will not contravene any material Contractual Obligation binding on or otherwise affecting any Borrower it or any of its properties (except for those the conflict with which could not reasonably be expected to result in a Material Adverse Effect)properties, (iviii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any properties of any Borrowerits properties, and (viv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except except, in each the case of clause (iv), to the extent that where such contravention, default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal could not reasonably be expected to result in have a Material Adverse Effect.

Authorization, Etc. The execution, execution and delivery and performance by Borrower each Loan Party of this Amendment and the each other Loan Documents being executed concurrently herewithDocument to which it is or will be a party, and the performance by it of the Loan Financing Agreement, as amended hereby, and the other Loan Documents, (i) are within the power and authority of such Loan Party and have been duly authorized by all necessary action, (ii) do not and will not contravene any of the governing documents of any Borrower or any applicable Requirement of Lawits Governing Documents, (iii) do not and will not contravene any Contractual Obligation binding on or otherwise affecting any Borrower or any of its properties (except for those the conflict with which could not reasonably be expected to result in a Material Adverse Effect), (iv) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any properties of any Borrowerits properties, and (viv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except in each case (solely for the purposes of this subclause (iv)) to the extent that such default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal could not reasonably be expected to result in have a Material Adverse Effect and (v) do not contravene any applicable Requirement of Law or any Contractual Obligation binding on or otherwise affecting it or any of its properties, except (solely for the purposes of this subclause (v)) to the extent it could not reasonably be expected to have a Material Adverse Effect.

Authorization, Etc. The execution, delivery and performance by Borrower each Loan Party of this Amendment and the other each Loan Documents being executed concurrently herewith, and the performance of the Loan Agreement, as amended hereby, and the other Loan DocumentsDocument to which it is or will be a party, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, any of the governing documents of applicable law, any Borrower Material Contract or any applicable Requirement agreement, instrument or other document evidencing, governing or securing any Indebtedness of Lawsuch Loan Party, (iii) do not and will not contravene any Contractual Obligation other agreement, instrument or document binding on or otherwise affecting any Borrower it or any of its properties properties, to the extent the obligation thereunder is material or to the extent such contravention (except for those either individually or in the conflict with which aggregate) could not reasonably be expected to result in have a Material Adverse Effect), (iv) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any properties of any Borrowerits properties, and (v) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except in each case to the extent that where such default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal could not reasonably be expected to result have, either individually or in the aggregate, a Material Adverse Effect.

Authorization, Etc. The execution, execution and delivery and performance by Borrower each Loan Party of this Amendment and the Waiver and each other Loan Documents being executed concurrently herewithDocument to which it is or will be a party, and the performance by it of the Loan Financing Agreement, as amended hereby, and the other Loan Documents, (i) are within the power and authority of such Loan Party and have been duly authorized by all necessary action, (ii) do not and will not contravene any of the governing documents of any Borrower or any applicable Requirement of Lawits Governing Documents, (iii) do not and will not contravene any Contractual Obligation binding on or otherwise affecting any Borrower or any of its properties (except for those the conflict with which could not reasonably be expected to result in a Material Adverse Effect), (iv) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any properties of any Borrowerits properties, and (viv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except in each case (solely for the purposes of this subclause (iv)) to the extent that such default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal could not reasonably be expected to result in have a Material Adverse Effect and (v) do not contravene any applicable Requirement of Law or any Contractual Obligation binding on or otherwise affecting it or any of its properties, except (solely for the purposes of this subclause (v)) to the extent it could not reasonably be expected to have a Material Adverse Effect.

Authorization, Etc. The execution, execution and delivery and performance by Borrower each Loan Party of this Amendment and the each other Loan Documents being executed concurrently herewithDocument to which it is or will be a party, and the performance by it of the Loan Financing Agreement, as amended hereby, and the other Loan Documents, (i) are within the power and authority of such Loan Party and have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any of the governing documents of any Borrower or its Governing Documents, (B) any applicable material Requirement of Law, Law or (iiiC) do not and will not contravene any material Contractual Obligation binding on or otherwise affecting any Borrower it or any of its properties (except for those other than with respect to the conflict with which could not reasonably be expected to result in a Material Adverse EffectIStar Dispute), (iviii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan DocumentDocument or with respect to the IStar Dispute) upon or with respect to any of its properties of any Borrower, and (viv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except , in each the case of clause (iv), to the extent that where such contravention, default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal could not reasonably be expected to result in have a Material Adverse EffectEffect (other than with respect to the IStar Dispute).

Authorization, Etc. The execution, delivery and performance by Borrower each Loan Party of this Amendment each Loan Document to which it is a party and the other Loan Documents being executed concurrently herewithobtaining of any Letter of Credit, and the performance of the Loan Agreement, as amended hereby, and the other Loan Documentsif applicable, (i) have been duly authorized by all necessary organizational action, (ii) do not and will not contravene (A) any of the governing documents of any Borrower or its Governing Documents, (B) any applicable material Requirement of Law, Law or (iiiC) do not and will not contravene any Contractual Obligation binding on or otherwise affecting any Borrower it or any of its properties except, in the case of this clause (except for those ii)(C), to the conflict with which extent such contravention could not reasonably be expected to result in have a Material Adverse Effect), (iviii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan DocumentDocument or any Permitted Lien) upon or with respect to any properties of any Borrowerits properties, and (viv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except except, in each the case of clause (iv), to the extent that where such contravention, default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal could not reasonably be expected to result in have a Material Adverse Effect.

Authorization, Etc. The execution, execution and delivery and performance by Borrower each Obligor of this Amendment and the each other Loan Documents being executed concurrently herewithNote Document to which it is or will be a party, and the performance by it of the Loan Note Purchase Agreement, as amended hereby, and the other Loan Documents, (i) are within the power and authority of such Obligor and have been duly authorized by all necessary action, (ii) do not and will not contravene any of the governing documents of any Borrower or any applicable Requirement of Lawits Organic Documents, (iii) do not and will not contravene any Contractual Obligation binding on or otherwise affecting any Borrower or any of its properties (except for those the conflict with which could not reasonably be expected to result in a Material Adverse Effect), (iv) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Note Document) upon or with respect to any properties of any Borrowerits properties, and (viv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except in each case (solely for the purposes of this subclause (iv)) to the extent that such default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal nonrenewal could not reasonably be expected to result in have a Material Adverse Effect and (v) do not contravene any applicable Requirement of Law or any Contractual Obligation binding on or otherwise affecting it or any of its properties, except (solely for the purposes of this subclause (v)) to the extent it could not reasonably be expected to have a Material Adverse Effect.

Authorization, Etc. The execution, delivery and performance by Borrower each Loan Party of this Amendment and the other Loan Documents being executed concurrently herewith, and the performance of the Loan Agreement, as amended hereby, and the other Loan DocumentsSecond Modification, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene its charter or by-laws, its limited liability company or operating agreement or its certificate of partnership or partnership agreement, as applicable, any of the governing documents of applicable law, any Borrower Material Contract or any applicable Requirement agreement, instrument or other document evidencing, governing or securing any Indebtedness of Lawsuch Loan Party, (iii) do not and will not contravene any Contractual Obligation other agreement, instrument or document binding on or otherwise affecting any Borrower it or any of its properties properties, to the extent the obligation thereunder is material or to the extent such contravention (except for those either individually or in the conflict with which aggregate) could not reasonably be expected to result in have a Material Adverse Effect), (iv) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any properties of any Borrowerits properties, and (v) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or non-renewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except in each case to the extent that where such default, noncompliance, contravention, suspension, revocation, impairment, forfeiture or non-renewal could not reasonably be expected to result have, either individually or in the aggregate, a Material Adverse Effect.