Authorization of Borrowing Etc Sample Clauses


Authorization of Borrowing Etc (a) The execution, delivery and performance of this Agreement (including by execution and delivery of any Joinder Agreement) by each of the Loan Parties, and in the case of the Borrower, the issuance, delivery and payment of the Notes and the borrowing of the Loans, have been duly authorized by all necessary corporate action.(b) The execution, delivery and performance by each Loan Party of this Agreement, and the issuance, delivery and performance of the Notes by the Borrower and the borrowing of the Loans by the Borrower, do not and will not (i) violate any provision of law applicable to such Loan Party or any of its Material Subsidiaries, (ii) violate the certificate of incorporation or bylaws of such Loan Party or any of its Material Subsidiaries, (iii) violate any order, judgment or decree of any court or other agency of government binding on such Loan Party or any of its Material Subsidiaries, conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any contractual obligation of such Loan Party or any of its Material Subsidiaries, result in or require the creation or imposition of any Lien upon any of the material properties or assets of such Loan Party or any of its Material Subsidiaries or require any approval of stockholders or any approval or consent of any Person under any contractual obligation of such Loan Party or any of its Material Subsidiaries other than such approvals and consents which have been or will be obtained on or before the Effective Date; except for any violation, conflict, default, breach, lien or lack of approval the existence of which would not have a Material Adverse Effect.(c) The execution, delivery and performance by each Loan Party of this Agreement, and in the case of the Borrower, the issuance, delivery and performance by the Loan Parties of the Notes, will not require on the part of such Loan Party any registration with, consent or approval of, or notice to, or other action to, with or by, any federal, state or other governmental authority or regulatory body other than any such registration, consent, approval, notice or other action which has been duly made, given or taken.(d) This Agreement is and each of the Notes when executed and delivered by the Borrower, will be a legally valid and binding obligation of each Loan Party that is party thereto enforceable against such Loan Party in accordance with its respective terms, except as enforcement may be limited by ...


Authorization of Borrowing Etc. The execution, delivery and performance of each Loan Document to which it is a party have been duly authorized by all necessary action on the part of each Credit Party.

Authorization of Borrowing Etc. The execution, delivery and performance of any Credit Documents to which it is a party (a) have been duly authorized by all requisite action (including any necessary shareholder action), and (b) will not violate any Governmental Requirement, its Governing Documents or any indenture, agreement or other instrument to which it is a party, or by which it or any of its properties are bound, or be in conflict with, result in a breach of or constitute a default under, any such indenture, agreement or other instrument, or result in the creation or imposition of any Lien, upon any of its properties except as contemplated by the Credit Documents.

Authorization of Borrowing Etc. The execution, delivery and performance by Borrower of this Agreement, the borrowings hereunder, the execution and delivery of the Revolving Credit Note and the performance by Borrower of all other actions contemplated by this Agreement: (i) have been duly authorized by all requisite company action; (ii) will not violate: (a) any provision of law (excluding federal law related to marijuana), any order of any court or other agency of government, the articles of organization or operating agreement of Borrower or (b) any provision of any indenture, agreement or other instrument to which Borrower is a party, or by which Borrower or any of its properties is bound; and (iii) will not be in conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under, any such indenture, agreement or other instrument.

Authorization of Borrowing Etc. The execution, delivery and performance of each Loan Document have been duly authorized by all necessary action on the part of the Borrower.

Authorization of Borrowing Etc a) Authorization of Borrowing. The Issuers have the power and authority to incur the Indebtedness evidenced by the Notes. The execution, delivery and performance by each Issuer Party of each of the Transaction Documents to which it is a party and the consummation of the transactions contemplated thereby have been duly authorized by all necessary limited liability company, partnership, trustee, corporate or other action, as the case may be. (b) No Conflict. The execution, delivery and performance by each Issuer Party of the Transaction Documents to which it is a party and the consummation of the transactions contemplated thereby do not and shall not: (1) violate (x) any provision of law applicable to any Issuer Party; (y) the partnership agreement, certificate of limited partnership, certificate of formation, certificate of incorporation, bylaws, declaration of trust, limited liability company agreement, operating agreement or other organizational documents, as the case may be, of each Issuer; or (z) any order, judgment or decree of any Governmental Authority binding on any Issuer Party or any of its Affiliates; (2) conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any Contractual Obligation of any Issuer Party or any of its Affiliates (except where such breach shall not cause a Material Adverse Effect); (3) result in or require the creation or imposition of any material Lien (other than the Lien of the Transaction Documents) upon the Tower Sites or assets of any Issuer Party; or (4) require any approval or consent of any Person under any Contractual Obligation of any Issuer Party, which approvals or consents have not been obtained on or before the dates required under such Contractual Obligation, but in no event later than the Closing Date (except where the failure to obtain such approval or consent shall not have a Material Adverse Effect). (c) Governmental Consents. The execution and delivery by each Issuer Party of the Transaction Documents to which it is a party, and the consummation of the transactions contemplated thereby do not and shall not require any registration with, consent or approval of, or notice to, or other action to, with or by, any Governmental Authority. (d) Binding Obligations. This Indenture is, and the Transaction Documents, including the Notes, when executed and delivered shall be, the legally valid and binding obligations of each Issuer Party that is a party thereto, ...

Authorization of Borrowing Etc