Common use of Capacity; Authorization; Validity Clause in Contracts

Capacity; Authorization; Validity. Bank has all necessary corporate power and authority to (i) execute and enter into this Agreement, and (ii) perform its obligations hereunder and the other documents, instruments and agreements relating to this Agreement executed by it pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, have been duly and validly authorized and approved by all necessary corporate actions of Bank. This Agreement (i) has been duly executed and delivered by Bank, (ii) constitutes the valid and legally binding obligation of Bank, and (iii) is enforceable in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and by general equity principles including those respecting the availability of specific performance).

Appears in 5 contracts

Samples: Servicing Agreement, Servicing Agreement (Neiman Marcus, Inc.), Servicing Agreement (Neiman Marcus, Inc.)

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Capacity; Authorization; Validity. Bank has all necessary corporate power and authority to (i) execute and enter into this Agreement, and (ii) perform its all of the obligations required of Bank hereunder and the other documents, instruments and agreements relating to the Program and this Agreement executed by it Bank pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, have been duly and validly authorized and approved by all necessary corporate actions action of Bank. This Agreement (i) has been duly executed and delivered by Bank, (ii) constitutes the valid and legally binding obligation obligations of Bank, and (iii) is enforceable in accordance with its respective terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and financial institutions in particular and by general equity principles including those respecting the availability of specific performance).

Appears in 4 contracts

Samples: Credit Card Program Agreement (KOHLS Corp), www.sec.gov, Private Label Credit Card Program Agreement (Kohls Corporation)

Capacity; Authorization; Validity. Bank has all necessary corporate power and authority to (i) execute and enter into this Agreement, Agreement and (ii) perform its the obligations required of Bank hereunder and the other documents, instruments and agreements relating to the Program and this Agreement executed by it Bank pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, herein have been duly and validly authorized and approved by all necessary corporate actions action of Bank. This Agreement (i) has been duly executed and delivered by Bank, (ii) constitutes the valid and legally binding obligation of Bank, and (iii) is enforceable in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and by general equity principles including those respecting the availability of specific performance).

Appears in 3 contracts

Samples: Program Management Agreement (H&r Block Inc), Program Management Agreement (H&r Block Inc), Program Management Agreement (H&r Block Inc)

Capacity; Authorization; Validity. Bank Company has all necessary corporate power and authority to (i) execute and enter into this Agreement, and (ii) perform its the obligations hereunder required of Company under this Agreement and the other documents, instruments and agreements relating to this Agreement executed by it Company pursuant hereto. The execution and delivery by Bank Company of this Agreement and all documents, instruments and agreements executed and delivered by Bank Company pursuant hereto, and the consummation by Bank Company of the transactions specified herein, have been duly and validly authorized and approved by all necessary corporate actions action of BankCompany. This Agreement (iA) has been duly executed and delivered by BankCompany, (iiB) constitutes the valid and legally binding obligation of BankCompany, and (iiiC) is enforceable in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and by general equity principles including those respecting the availability of specific performance).

Appears in 3 contracts

Samples: Program Agreement, Credit Card Program Agreement (Target Corp), Credit Card Program Agreement (Target Corp)

Capacity; Authorization; Validity. Bank has all necessary corporate or similar power and authority to (i) execute and enter into this Agreement, Agreement and (ii) perform its the obligations required of it hereunder and the other documents, instruments and agreements relating to the Program and this Agreement executed by it Bank pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, have has been duly and validly authorized and approved by all necessary corporate or similar actions of Bank. This Agreement (i) has been duly executed and delivered by Bank, (ii) constitutes the valid and legally binding obligation of Bank, Bank and (iii) is enforceable in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and by general equity principles including those respecting the availability of specific performance).

Appears in 2 contracts

Samples: Credit Card Program Agreement (Macy's, Inc.), Credit Card Program Agreement (Federated Department Stores Inc /De/)

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Capacity; Authorization; Validity. Bank has all necessary corporate power and authority to (i) § execute and enter into this Agreement, and (ii) § perform its all of the obligations hereunder required of Bank under this Agreement and the other documents, instruments and agreements relating to this Agreement executed by it Bank pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, have been duly and validly authorized and approved by all necessary corporate actions action of Bank. This Agreement (iA) has been duly executed and delivered by Bank, (iiB) constitutes the valid and legally binding obligation of Bank, and (iiiC) is enforceable in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and financial institutions in particular and by general equity principles including those respecting the availability of specific performance).

Appears in 1 contract

Samples: Credit Card Program Agreement (Ascena Retail Group, Inc.)

Capacity; Authorization; Validity. Bank has all necessary corporate or similar power and authority to (i) execute and enter into this Agreement, Agreement and (ii) perform its the obligations required of it hereunder and the other documents, instruments and agreements relating to the Program and this Agreement executed by it Bank pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, have has been duly and validly authorized and approved by all necessary corporate or similar actions of Bank. This Agreement (i) has been duly executed and delivered by Bank, (ii) constitutes the valid and legally binding obligation of Bank, and (iii) is enforceable in accordance with its terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and by general equity principles including those respecting the availability of specific performance).

Appears in 1 contract

Samples: Credit Card Agreement (Macy's, Inc.)

Capacity; Authorization; Validity. Bank has all necessary corporate power and authority to (i) execute and enter into this Agreement, and (ii) perform its all of the obligations required of Bank hereunder and the other documents, instruments and agreements relating to the Program and this Agreement executed by it Bank pursuant hereto. The execution and delivery by Bank of this Agreement and all documents, instruments and agreements executed and delivered by Bank pursuant hereto, and the consummation by Bank of the transactions specified herein, have been duly and validly authorized and approved by all necessary corporate actions action of Bank. This Agreement (i) has been duly executed and delivered by Bank, (ii) constitutes the valid and legally binding obligation obligations of Bank, and (iii) is enforceable in accordance with its respective terms (subject to applicable bankruptcy, insolvency, reorganization, receivership or other laws affecting the rights of creditors generally and financial institutions in particular and by general equity principles including including, without limitation, those respecting the availability of specific performance).

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (Dillards Inc)

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