Common use of Authorization of Indenture Clause in Contracts

Authorization of Indenture. The Indenture has been duly authorized by the Company, and the Indenture (excluding the Officer’s Certificate) has been duly executed and delivered by the Company; and the Indenture (excluding the Officer’s Certificate) constitutes, and, at the Closing Time, the Indenture will have been duly executed and delivered by the Company and will constitute, a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting the enforcement of mortgagees’ and other creditors’ rights generally and general principles of equity including an implied covenant of good faith and fair dealing (regardless of whether enforcement is considered in a proceeding in equity or at law) (all such laws and principles of equity being hereinafter sometimes called, collectively, the “Enforceability Exceptions”). The Indenture has been duly qualified under the 1939 Act.

Authorization of Indenture. The Indenture has been duly authorized by the Company, and the Indenture (excluding the Officer’s Certificate) has been duly executed and delivered by the Company; and the Indenture (excluding the Officer’s Certificate) constitutes, and, at the Closing Time, the Indenture will have been duly executed and delivered by the Company and will constitute, a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting the enforcement of mortgagees’ and other creditors’ rights generally and general principles of equity including an implied covenant of good faith and fair dealing (regardless of whether enforcement is considered in a proceeding in equity or at law) (all such laws and principles of equity being hereinafter sometimes called, collectively, the “Enforceability Exceptions”). The ; and the Indenture (excluding the Officer’s Certificate) has been and, at the Closing Time, the Indenture will have been duly qualified under the 1939 ActAct and the 1939 Act Regulations.

Authorization of Indenture. The Indenture has been duly authorized by the Company, and the Indenture (excluding the First Supplemental Officer’s Certificate) has been duly executed and delivered by the Company; and the Indenture (excluding the First Supplemental Officer’s Certificate) constitutes, and, at the Closing Time, the Indenture will have been duly executed and delivered by the Company and will constitute, a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting the enforcement of mortgagees’ and other creditors’ rights generally and general principles of equity including an implied covenant of good faith and fair dealing (regardless of whether enforcement is considered in a proceeding in equity or at law) (all such laws and principles of equity being hereinafter sometimes called, collectively, the “Enforceability Exceptions”). The Indenture has been duly qualified under the 1939 Act.

Authorization of Indenture. The Indenture has been duly authorized by the Company, and the Indenture (excluding the Officer’s Certificate) has been duly executed and delivered by the Company; and the Indenture (excluding the Officer’s Certificate) constitutes, and, at the Closing Time, the Indenture will have been duly executed and delivered by the Company and will constitute, a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting the enforcement of mortgagees’ and other creditors’ rights generally and general principles of equity including an implied covenant of good faith and fair dealing (regardless of whether enforcement is considered in a proceeding in equity or at law) (all such laws and principles of equity being hereinafter sometimes called, collectively, the “Enforceability Exceptions”). The ; and the Indenture (excluding the Officer’s Certificate) has been and, at the Closing Time, the Indenture will have been duly qualified under the 1939 ActAct and the 1939 Act Regulations.