Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 61 contracts
Samples: Loan and Security Agreement and Consent (BlueLinx Holdings Inc.), Loan and Security Agreement (Clearwater Paper Corp), Credit Agreement (Infocus Corp)
Due Execution. The execution, delivery and performance of this ------------- Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 22 contracts
Samples: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co), Credit Agreement (Keystone Automotive Industries Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of such Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on such Borrower.
Appears in 15 contracts
Samples: Loan and Security Agreement (Nautilus, Inc.), Loan and Security Agreement (Rockford Corp), Loan and Security Agreement (Rockford Corp)
Due Execution. The execution, delivery and performance of this Amendment are within the power of each Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on any Borrower.
Appears in 14 contracts
Samples: Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrowereach Obligor, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrowerany Obligor.
Appears in 13 contracts
Samples: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co)
Due Execution. The execution, delivery and performance of this Amendment are within the power of each Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on such Borrower.
Appears in 9 contracts
Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of each Borrower, have been duly authorized by all necessary corporate or company action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on such Borrower.
Appears in 7 contracts
Samples: Loan and Security Agreement (Pcm, Inc.), Loan and Security Agreement (Pcm, Inc.), Loan and Security Agreement (Pcm, Inc.)
Due Execution. The execution, delivery and performance of this Amendment are within the power powers of the Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 7 contracts
Samples: Loan and Security Agreement (Krauses Furniture Inc), Loan and Security Agreement (Krauses Furniture Inc), Loan and Security Agreement (Krauses Furniture Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approvalapprovals, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 7 contracts
Samples: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrower, have been duly authorized by all necessary corporate actionaction and no other corporate proceedings are necessary to consummate such transactions, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 6 contracts
Samples: Credit Agreement (Sumtotal Systems Inc), Credit Agreement (Sumtotal Systems Inc), Credit Agreement and Waiver (Sumtotal Systems Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrowereach Borrower and Guarantor, have been duly authorized by all necessary corporate company action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrowerany Borrower or Guarantor.
Appears in 6 contracts
Samples: Loan and Security Agreement (Jazz Technologies, Inc.), Loan and Security Agreement (Jazz Technologies, Inc.), Loan and Security Agreement (Jazz Technologies, Inc.)
Due Execution. The execution, delivery and performance of this Amendment are within the power of such Borrower, have been duly authorized by all necessary corporate or company action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on such Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Pc Mall Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrowereach Borrower and each Guarantor, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrowersuch Borrower or such Guarantor.
Appears in 4 contracts
Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Guaranty and Security Agreement (Headwaters Inc)
Due Execution. The execution, delivery and performance of this ------------- Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approvalapprovals, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co)
Due Execution. The execution, delivery and performance of this Amendment are within the power of such Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement and Waiver (Nautilus, Inc.), Loan and Security Agreement and Consent (Nautilus, Inc.), Loan and Security Agreement (Nautilus, Inc.)
Due Execution. The execution, delivery and performance of this Amendment are within the power of BorrowerBorrower and Guarantors, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on BorrowerBorrower or any Guarantor.
Appears in 4 contracts
Samples: Loan and Security Agreement (Image Entertainment Inc), Loan and Security Agreement (Image Entertainment Inc), Loan and Security Agreement (Image Entertainment Inc)
Due Execution. The execution, delivery and performance of this Amendment and any amendment to any other Loan Document referenced herein are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 3 contracts
Samples: Credit Agreement and Waiver (Infocus Corp), Credit Agreement (Infocus Corp), Credit Agreement (Infocus Corp)
Due Execution. The execution, delivery and performance of this Amendment are within the power of BorrowerBorrower Agent, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on BorrowerBorrower Agent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Rockford Corp), Loan and Security Agreement (Rockford Corp)
Due Execution. The execution, delivery and performance of this Amendment are within the power of each Guarantor and each Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on such Guarantor or such Borrower.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Headwaters Inc), Guaranty and Security Agreement (Headwaters Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on any Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Oakhurst Co Inc), Loan and Security Agreement (Oakhurst Co Inc)
Due Execution. The execution, delivery and performance of this Amendment and any instruments, documents or agreements executed in connection herewith are within the power powers of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or the articles of incorporation or bylaws of Borrower, result in a breach of, or constitute a default under, any contractual restrictions restriction, indenture, trust agreement or other instrument or agreement binding on upon Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Keystone Automotive Industries Inc), Loan Agreement (Andataco Inc)
Due Execution. The execution, delivery and performance of this Amendment and any instruments, documents or agreements executed in connection herewith are within the power powers of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or the terms of any organizational document of Borrower, result in a breach of, or constitute a default under, any contractual restrictions restriction, indenture, trust agreement or other instrument or agreement binding on upon Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International)
Due Execution. The execution, delivery and performance of this Amendment are within the power powers of Borrowerthe Subordinating Lender, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on BorrowerSubordinating Lender.
Appears in 2 contracts
Samples: Subordination Agreement (Krauses Furniture Inc), Subordination Agreement (Krauses Furniture Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of each of Parent and such Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Parent or such Borrower.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of BorrowerBorrowers and Guarantor, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrowerany Borrower or Guarantor.
Appears in 2 contracts
Samples: Loan and Security Agreement (Image Entertainment Inc), Loan and Security Agreement (Image Entertainment Inc)
Due Execution. The execution, delivery and performance of this his ------------- Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 1 contract
Due Execution. The execution, delivery and performance of this Amendment are within the power of each Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions restrictions, binding on such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement and Waiver (Geologistics Corp)
Due Execution. The execution, delivery and performance of this Amendment are within the power powers of the Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Krauses Furniture Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Play Co Toys & Entertainment Corp)
Due Execution. The execution, delivery and performance of this Amendment are within the power of each of Parent and Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Parent nor Borrower.
Appears in 1 contract
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrowerthe Borrowers, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrowerthe Borrowers.
Appears in 1 contract
Due Execution. The execution, delivery and performance of this Amendment are within the power of each Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approvalapprovals, if any, and do not contravene any law or any contractual restrictions binding on any Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Radiant Logistics, Inc)
Due Execution. The execution, delivery and performance of this Amendment are within the power of Borrowereach Borrower and Guarantor, have been duly authorized by all necessary corporate company action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrowerany Borrower or Guarantor.,
Appears in 1 contract
Samples: Loan and Security Agreement (Jazz Technologies, Inc.)
