Common use of Due Authorization; No Conflict Clause in Contracts

Due Authorization; No Conflict. The execution, delivery and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, nor will they create a default under any material agreement to which Borrower is a party.

Appears in 4 contracts

Samples: Loan and Security Agreement (International Food & Beverage Inc /De/), Loan and Security Agreement (Annies Homegrown Inc), Loan and Security Agreement (Eip Microwave Inc)

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Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation Incorporation, or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which Borrower is a party.

Appears in 3 contracts

Samples: Security Agreement (Leisure Time Casinos & Resorts Inc), Security Agreement (Leisure Time Casinos & Resorts Inc), Security Agreement (Leisure Time Casinos & Resorts Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Except as disclosed in the Schedule, Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 3 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are do not in conflict with nor constitute a breach of violate any provision contained in of Borrower's Articles or ’s Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within each Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in a Borrower's ’s Certificate/Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which a Borrower is a partyparty or by which a Borrower is bound. No Borrower is in default under any material agreement to which it is a party or by which it is bound.

Appears in 3 contracts

Samples: Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (SharpSpring, Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s limited liability company powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, ’s formation documents nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 3 contracts

Samples: Loan and Security Agreement (InPoint Commercial Real Estate Income, Inc.), Loan and Security Agreement (Iron Bridge Mortgage Fund LLC), Loan and Security Agreement (Iron Bridge Mortgage Fund LLC)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles articles, certificate of incorporation, by-laws, organizational documents, partnership agreements or Certificate certificate of Incorporation or Bylawslimited partnership, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bollinger Industries Inc), Loan and Security Agreement (Bollinger Industries Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within each Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in each Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which a Borrower is a partyparty or by which a Borrower is bound. No Borrower is in default under any material agreement to which it is a party or by which it is bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (True Drinks Holdings, Inc.), Loan and Security Agreement (Telkonet Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or ’s Amended and Restated Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within each Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which a Borrower is a partyparty or by which a Borrower is bound. No Borrower is in default under any material agreement to which it is a party or by which it is bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Auxilio Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or By-laws and Articles, Certificate of Incorporation Incorporation, Articles of Organization, Partnership Agreement, Trust Agreement, or BylawsOperating Agreement, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vertical Branding, Inc.), Loan and Security Agreement (Mendocino Brewing Co Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Physicians Insurance Co of Ohio), Loan and Security Agreement (Pc Quote Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's Borrowers’ corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Borrowers’ Articles or Certificate of Incorporation Incorporation, or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which Borrower is Borrowers are a partyparty or by which their properties or assets may be bound.

Appears in 2 contracts

Samples: Loan and Security Agreement (Proxim Corp), Loan and Security Agreement (Proxim Corp)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach b reach of any provision contained in Borrower's Articles or Certificate of Incorporation Incorporation, or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound to the extent that such agreement has or could be reasonably expected to have a material adverse effect on Borrower's business.

Appears in 1 contract

Samples: Loan Agreement (Cartoon Acquisition, Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles or Certificate of Incorporation or BylawsBylaws or any agreements among Borrower’s shareholders, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Planetout Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within each Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in a Borrower's Articles or ’s Certificate of Incorporation or BylawsBylaws (or similar governing document), nor will they create a constitute an event of default under any material agreement to which a Borrower is a partyparty or by which a Borrower is bound. No Borrower is in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Silvaco Group, Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. No material default exists under any material agreement to which Borrower is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation Incorporation, or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party and the request for each Credit Extension hereunder are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in the Borrower's Articles ’s Charter Documents or Certificate of Incorporation or Bylawsbylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (GSV Capital Corp.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate limited partnership or trust powers, as applicable, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles formation documents or Certificate of Incorporation or Bylaws, trust agreement nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Angel Oak Mortgage, Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and ------------------------------ performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Onsale Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within such Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which such Borrower is a partyparty or by which such Borrower is bound. Except as set forth in the Schedule, such Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Vaughan Foods, Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is they are a party are within Borrower's and its Subsidiaries' respective corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's or its Subsidiaries' respective Articles or Certificate of Incorporation Incorporation, or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which Borrower or any Subsidiary of Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement Material Contract to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any Material Contract to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Optex Systems Holdings Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within each Borrower's and Parent's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's or Parent's Articles of Incorporation, or Certificate of Incorporation or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which any Borrower or Parent is a partyparty or by which its assets or properties may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Pia Merchandising Services Inc)

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Due Authorization; No Conflict. The execution, delivery delivery, and performance of each of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation Incorporation, or BylawsBy-laws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (National Standard Co)

Due Authorization; No Conflict. The execution, delivery and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized powers and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, nor will they create a default under any material agreement to which Borrower is a party.

Appears in 1 contract

Samples: Loan and Security Agreement (Ct Holdings Inc)

Due Authorization; No Conflict. The execution, delivery and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation Incorporation, or BylawsBy-Laws, nor will they create a constitute an event of default under any material agreement to which Borrower is a party.

Appears in 1 contract

Samples: Loan and Security Agreement (Global One Distribution & Merchandising Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation Incorporation, or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a party.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Network Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a party.party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound. 5.3

Appears in 1 contract

Samples: Loan and Security Agreement (Scientific Learning Corp)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a party.party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound,

Appears in 1 contract

Samples: Loan and Security Agreement (Varonis Systems Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Articles/Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Juno Online Services Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, Bylaws nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Netgear Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws’s organizational documents, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Globant S.A.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in (a) Borrower's Articles or Certificate of Incorporation or BylawsBy-laws, nor will they create a default under or (b) any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound where such conflict or breach has not and reasonably could be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Image Entertainment Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws’s charter documents, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Concur Technologies Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or ’s Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound, Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Reliant Technologies Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower's corporate powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which its properties or assets may be bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Victoria Creations Inc)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which by Borrower is a party are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or ’s Certificate of Incorporation or Bylaws, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (908 Devices Inc.)

Due Authorization; No Conflict. The execution, delivery delivery, and performance of the Loan Documents to which Borrower is a party and the request for each Advance hereunder are within Borrower's corporate ’s powers, have been duly authorized authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles or Certificate of Incorporation or Bylawsthe Charter, nor will they create a constitute an event of default under any material agreement to which Borrower is a partyparty or by which Borrower is bound or any laws, rules or regulations to which Borrower is subject. Borrower is not in default under any material agreement to which it is a party or by which it is bound.

Appears in 1 contract

Samples: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp)

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