Common use of Due Authorization; No Legal Restrictions Clause in Contracts

Due Authorization; No Legal Restrictions. The execution, delivery and performance by Borrower of the Loan Documents, the consummation by Borrower of the transactions contemplated by the Loan Documents and the fulfillment and compliance with the respective terms, conditions and provisions of the Loan Documents: (a) have been duly authorized by all requisite corporate or other action of Borrower, (b) will not conflict with or result in a breach of, or constitute a default (or might, upon the passage of time or the giving of notice or both, constitute a default) under, any of the terms, conditions or provisions of any applicable statute, law, rule, regulation or ordinance, or Borrower’s formation or governing documents or any indenture, mortgage, loan or credit agreement or instrument to which Borrower is a party or by which Borrower is bound or affected, or any judgment or order of any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, and (c) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Borrower under the terms or provisions of any such agreement or instrument, except liens in favor of Bank.

Appears in 2 contracts

Samples: Loan Agreement (MVC Capital, Inc.), Loan Agreement (MVC Capital, Inc.)

AutoNDA by SimpleDocs

Due Authorization; No Legal Restrictions. The execution, execution and delivery and performance by Borrower of the Loan Documents, the consummation by Borrower of the transactions contemplated by the Loan Documents and the fulfillment and compliance with the respective terms, conditions and provisions of the Loan Documents: (a) have been duly authorized by all requisite corporate or other limited liability company action of Borrower, (b) will not conflict with or result in a breach of, or constitute a default (or might, upon the passage of time or the giving of notice or both, constitute a default) under, any of the terms, conditions or provisions of any applicable statute, law, rule, regulation or ordinance, or Borrower’s 's certificate of formation or governing documents operating agreement or any indenture, mortgage, loan or loan, credit agreement or other document or instrument to which Borrower is a party or by which Borrower is may be bound or affected, or any judgment or order of any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, and (c) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Borrower under the terms or provisions of any such agreement or instrument, except liens in favor of Bank.

Appears in 1 contract

Samples: Possession Loan and Security Agreement

AutoNDA by SimpleDocs

Due Authorization; No Legal Restrictions. The execution, execution and delivery and performance by Borrower Borrowers of the Loan Documents, the consummation by Borrower of the transactions contemplated by the Loan Documents and the fulfillment and compliance with the respective terms, conditions and provisions of the Loan Documents: (a) have been duly authorized by all requisite corporate or other limited liability company action of BorrowerBorrowers, (b) will not conflict with or result in a breach of, or constitute a default (or might, upon the passage of time or the giving of notice or both, constitute a default) under, any of the terms, conditions or provisions of any applicable statute, law, rule, regulation or ordinance, or Borrower’s formation Borrowers’ organizational or governing documents or any indenture, mortgage, loan or credit agreement or instrument to which any Borrower is a party or by which any Borrower is may be bound or affected, or any judgment or order of any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, and (c) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of any Borrower under the terms or provisions of any such agreement or instrument, except liens in favor of Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (InfoLogix Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.