Common use of Due Execution and Enforcement Clause in Contracts

Due Execution and Enforcement. Each of the Loan Documents to which Borrower is a party constitutes a valid and legally binding obligation of Borrower, enforceable in accordance with its respective terms (except as such enforcement may be limited by bankruptcy, insolvency, reorganization, receivership, moratorium, or other laws relating to the rights of creditors generally and by general principles of equity) and does not violate, conflict with, or constitute any default under any law, government regulation, decree, judgment, Borrower's limited partnership agreement, or any other agreement or instrument binding upon Borrower.

Appears in 3 contracts

Samples: Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

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Due Execution and Enforcement. Each of the Loan Documents to which Borrower is a party constitutes a valid and legally binding obligation of Borrower, enforceable in accordance with its respective terms (except as such enforcement may be limited by bankruptcy, insolvency, reorganization, receivership, moratorium, or other laws relating to the rights of creditors generally and by general principles of equity) and does not violate, conflict with, or constitute any default under any law, government regulation, decree, judgment, Borrower's limited partnership agreement’s organizational or governing documents, or any other agreement or instrument binding upon Borrower.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Due Execution and Enforcement. Each of the Loan Documents to which Borrower is a party constitutes a valid and legally binding obligation of Borrower, enforceable in accordance with its respective terms (except as such enforcement may be limited by bankruptcy, insolvency, reorganization, receivership, moratorium, or other laws relating to the rights of creditors generally and by general principles of equityequity regardless of whether enforcement is sought in equity or at law) and does not violate, conflict with, or constitute any default under any law, government regulation, decree, judgment, Borrower's limited partnership agreement, Requirement of Law or any other agreement or instrument binding upon Borrower.

Appears in 1 contract

Samples: Loan Agreement (Sunrise Senior Living Inc)

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Due Execution and Enforcement. Each of the Loan Documents to which Borrower is a party constitutes a valid and legally binding obligation of Borrower, enforceable in accordance with its respective terms (except as such enforcement may be limited by bankruptcy, insolvency, reorganization, receivership, moratorium, or other laws relating to the rights of creditors generally and by general principles of equity) and does not violate, conflict with, or constitute any default under any law, government regulation, decree, judgment, Borrower's limited partnership ’s certificate of formation or operating agreement, as applicable, or any other agreement or instrument binding upon Borrower.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

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