CAPACITY TO SUE Clause Samples
The 'Capacity to Sue' clause establishes that each party entering into the agreement has the legal authority and standing to initiate or defend a lawsuit if necessary. This means that all parties are recognized as legally competent entities—such as individuals of legal age or properly constituted organizations—who can participate in legal proceedings. By confirming this capacity, the clause ensures that any legal action arising from the contract is valid and enforceable, thereby preventing disputes over a party’s legal ability to sue or be sued.
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CAPACITY TO SUE. The Issuer shall have the power and capacity to sue and to be su▇▇ on matters arising out of or relating to the finan▇▇▇g of the Financed Eligible Loans.
CAPACITY TO SUE. The Issuer shall have the power and capacity to sue and to be sued on matters arising out of or relating to the financing of the Financed Student Loans.
CAPACITY TO SUE. Federal Rule of Civil Procedure 17(b) provides that the [c]apacity to sue or be sued is determined as follows:
(1) for an individual who is not acting in a representative capacity, by the law of the individual’s domicile;
(2) for a corporation, by the law under which it was organized; and
(3) for all other parties, by the law of the state where the court is located. . . . Fed. R. Civ. P. 17(b).