Authorization; No Conflicts. The execution, delivery and performance of this Amendment by each Loan Party (i) has been duly authorized by all requisite organizational action of such Person and (ii) will not (A) violate (1) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of such Person, (2) any order of any Governmental Authority or arbitrator or (3) any provision of any indenture, agreement or other instrument to which such Person is a party or by which it or any of its property is or may be bound, (B) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, agreement or other instrument or (C) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by such Person (other than Liens created under the Security Documents).
Appears in 4 contracts
Sources: Credit Agreement, Credit Agreement and Investors’ Agreement (Cheniere Energy Inc), Credit Agreement (Cheniere Energy Inc)
Authorization; No Conflicts. The execution, delivery and performance of this Amendment by each Loan Party Transactions: (ia) has have been duly authorized by all requisite organizational corporate action of such Person Loan Party and (iib) will not (Ai) violate (1A) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of such PersonLoan Party, (2B) any order of any Governmental Authority or arbitrator or (3C) any provision of any indenture, agreement or other instrument to which such Person Loan Party is a party or by which it or any of its property is or may be bound, (Bii) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, agreement or other instrument or (Ciii) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by of such Person Loan Party, except in the case of any of clauses (other than Liens created under the Security Documentsb)(i)(C), (b)(ii) and (b)(iii) for matters that would not have a Company Material Adverse Effect.
Appears in 2 contracts
Sources: Loan Agreement (Thoratec Corp), Loan Agreement (HeartWare International, Inc.)
Authorization; No Conflicts. The execution, delivery and performance of this Amendment by each Loan Party Holdings (i) has been duly authorized by all requisite organizational action of such Person Holdings and (ii) will not (A) violate (1) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of such PersonHoldings, (2) any order of any Governmental Authority or arbitrator or (3) any provision of any indenture, agreement or other instrument to which such Person Holdings is a party or by which it or any of its property is or may be bound, (B) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, agreement or other instrument or (C) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by such Person Holdings (other than Liens created under the Security Documents).
Appears in 2 contracts
Sources: Security Deposit Agreement, Security Deposit Agreement (Cheniere Energy Inc)
Authorization; No Conflicts. The execution, delivery and performance of this Amendment by each Loan Party Transactions: (ia) has have been duly authorized by all requisite organizational necessary corporate action of such Person the Lender and (iib) will not (Ai) violate (1A) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of such Personthe Lender, (2B) any order of any Governmental Authority or arbitrator Authority, or (3C) any provision of any indenture, agreement or other instrument to which such Person the Lender is a party or by which it or any of its property is or may be bound, (Bii) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, agreement or other instrument or (Ciii) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by such Person of the Lender, except with respect to clauses (other than Liens created under the Security Documentsb)(i)(C), (b)(ii) and (b)(iii) of this Section 4.02 for matters that would not have a Parent Material Adverse Effect.
Appears in 2 contracts
Sources: Loan Agreement (Thoratec Corp), Loan Agreement (HeartWare International, Inc.)
Authorization; No Conflicts. The execution, delivery and performance of this Amendment and Consent by each Loan Party (i) has been duly authorized by all requisite organizational action of such Person and (ii) will not (A) violate (1) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of such Person, (2) any order of any Governmental Authority or arbitrator or (3) any provision of any indenture, agreement or other instrument to which such Person is a party or by which it or any of its property is or may be bound, (B) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, agreement or other instrument or (C) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by such Person (other than Liens created under the Security Documents).
Appears in 1 contract
Authorization; No Conflicts. The execution, delivery and performance of this Amendment by each Loan Party Party
(i) has been duly authorized by all requisite organizational action of such Person and (ii) will not (A) violate (1) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of such Person, (2) any order of any Governmental Authority or arbitrator or (3) any provision of any indenture, agreement or other instrument to which such Person is a party or by which it or any of its property is or may be bound, (B) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, agreement or other instrument or (C) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by such Person (other than Liens created under the Security Documents).
Appears in 1 contract