Common use of Corporate Action; No Breach Clause in Contracts

Corporate Action; No Breach. The execution, delivery, and performance by the Borrower of this Agreement and by the Borrower and each Guarantor of the other Loan Documents to which they are party and compliance with the terms and provisions hereof and thereof, have been duly authorized by all requisite corporate and partnership action on the part of each such Person and do not and will not (a) violate or conflict with, or result in a breach of, or require any consent under (i) the articles of incorporation, certificate of incorporation, bylaws, partnership agreement or other organizational documents of any such Person, (ii) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator, or (iii) any material agreement or instrument to which any such Person is a party or by which any of them or any of their property is bound or subject, or (b) constitute a default under any such agreement or instrument, or result in the creation or imposition of any Lien (except as provided in Article VI) upon any of the revenues or assets of any such Person.

Corporate Action; No Breach. The execution, delivery, and performance by the Borrower of this Agreement and by the Borrower and each Guarantor Obligated Party of the other Loan Transaction Documents to which they are each is or may become a party and compliance with the terms and provisions hereof and thereof, thereof have been duly authorized by all requisite corporate and partnership action on the part of the Borrower and each such Person Obligated Party and do not and will not (a) violate or conflict with, or result in a breach of, or require any consent under (i) the articles of incorporation, certificate incorporation or bylaws of incorporation, bylaws, partnership agreement the Borrower or other organizational documents of any such PersonObligated Party, (ii) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator, or (iii) any material agreement or instrument to which the Borrower or any such Person Obligated Party is a party or by which any of them or any of their property is bound or subject, or (b) constitute a material default under any such agreement or instrument, or result in the creation or imposition of any Lien (except as provided herein or Liens in Article VIfavor of Agent) upon any of the revenues or assets of the Borrower or any such PersonObligated Party.

Corporate Action; No Breach. The execution, delivery, and performance by the Borrower of this Agreement and by the Borrower and each Guarantor of the other Loan Documents to which they are the Borrower or any Guarantor is or may become a party and compliance with the terms and provisions hereof and thereof, thereof have been duly authorized by all requisite corporate and partnership action on the part of each such Person and do not and will not (a) violate or conflict with, or result in a breach of, or require any consent under (i) the articles of incorporation, certificate of incorporation, bylaws, partnership agreement organizational or other organizational governing documents of the Borrower or any such Personof the Subsidiaries, (ii) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator, or (iii) any material agreement or instrument to which the Borrower or any such Person of the Subsidiaries is a party or by which any of them or any of their property is bound or subject, or (b) constitute a default under any such agreement or instrument, or result in the creation or imposition of any Lien (except as provided in Article VIV) upon any of the revenues or assets of the Borrower or any such PersonSubsidiary.

Corporate Action; No Breach. The execution, delivery, --------------------------- and performance by the Borrower Corporation of this Agreement and by the Borrower and each Guarantor of the other Loan Transaction Documents to which they are either the Corporation or Picacho is or may become a party and compliance with the terms and provisions hereof and thereof, thereof have been duly authorized by all requisite corporate and partnership action on the part of each such Person the Corporation and Picacho and do not and will not (a) violate or conflict with, or result in a breach of, or require any consent under (i) the articles of incorporation, certificate incorporation or bylaws of incorporation, bylaws, partnership agreement the Corporation or other organizational documents any of any such Personthe Subsidiaries, (ii) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator, or (iii) any material agreement or instrument to which the Corporation or any such Person of the Subsidiaries is a party or by which any of them or any of their property Property is bound or subject, or (b) constitute a default under any such agreement or instrument, or result in the creation or imposition of any Lien (except as provided in Article VI) upon any of the revenues or assets Property of the Corporation or any such PersonSubsidiary.

Corporate Action; No Breach. The execution, delivery, and --------------------------- performance by the Borrower of this Agreement and by the Borrower and each Guarantor of the other Loan Documents to which they are party and compliance with the terms and provisions hereof and thereof, have been duly authorized by all requisite corporate and partnership action on the part of each such Person and do not and will not (a) violate or conflict with, or result in a breach of, or require any consent under (i) the articles of incorporation, certificate of incorporation, bylaws, partnership agreement or other organizational documents of any such Person, (ii) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator, or (iii) any material agreement or instrument to which any such Person is a party or by which any of them or any of their property is bound or subject, or (b) constitute a default under any such agreement or instrument, or result in the creation or imposition of any Lien (except as provided in Article VI) upon any ---------- of the revenues or assets of any such Person.

Corporate Action; No Breach. The execution, delivery, and performance by the Parent Guarantor and each Borrower of this Agreement and by the Borrower and each Guarantor of the other Loan Documents to which they are party and compliance with the terms and provisions hereof and thereof, have been duly authorized by all requisite corporate and partnership action on the part of each such Person and do not and will not (a) violate or conflict with, or result in a breach of, or require any consent under (i) the articles of incorporation, certificate of incorporation, bylaws, partnership agreement or other organizational documents of any such Person, (ii) any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator, or (iii) any material agreement or instrument to which any such Person is a party or by which any of them or any of their property is bound or subject, or (b) constitute a default under any such agreement or instrument, or result in the creation or imposition of any Lien (except as provided in Article ARTICLE VI) upon any of the revenues or assets of any such Person.