Execution; No Conflicts. The execution, delivery and performance by the Borrower of this Agreement and the Transactions: (i) have been duly authorized by all requisite corporate actions (including any required shareholder approval) of the Borrower required for the lawful execution, delivery and performance thereof; (ii) do not and will not violate any provisions of (A) any applicable law, rule or regulation, (B) any judgment, writ, order, determination, decree or arbitral award of any Governmental Authority or arbitral authority binding on the Borrower or any Subsidiary or its or any Subsidiary's properties, or (C) the certificate of incorporation, bylaws or other organizational documents of the Borrower; (iii) do not and will not be in conflict with, result in a breach of, violate or constitute a default under, any contract, indenture, agreement or other instrument or document to which the Borrower or any Subsidiary is a party, or by which the properties or assets of the Borrower or any Subsidiary are bound; and (iv) do not and will not result in the creation or imposition of any Lien upon any of the properties or assets of the Borrower or any Subsidiary.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Healthsouth Corp)
Execution; No Conflicts. The execution, delivery and performance by the Borrower of this Agreement and the Transactions:
(ia) have been duly authorized by all requisite corporate actions (including any required shareholder approval) of the Borrower required for the lawful execution, delivery and performance thereof;
(iib) do not and will not violate any provisions of (A) any applicable law, rule or regulation, (B) any judgment, writ, order, determination, decree or arbitral award of any Governmental Authority or arbitral authority binding on the Borrower or any Subsidiary or its or any Subsidiary's properties, or (C) the certificate of incorporation, bylaws or other organizational documents of the Borrower;
(iiic) do not and will not be in conflict with, result in a breach of, violate or constitute a default under, any contract, indenture, agreement or other instrument or document to which the Borrower or any Subsidiary is a party, or by which the properties or assets of the Borrower or any Subsidiary are bound; and
(ivd) do not and will not result in the creation or imposition of any Lien upon any of the properties or assets of the Borrower or any Subsidiary.
Appears in 1 contract
Sources: Senior Subordinated Credit Agreement (Healthsouth Corp)