Limited Liability Company Power. As of the Effective Date, and as of the time of such Investor’s Closing, the Company will have all requisite limited liability company power to execute and deliver this Agreement and the Security Agreement and, at the Closing, have all requisite limited liability company power to issue such Investor’s Senior Note.
Limited Liability Company Power. Each Borrower has the limited liability capacity, and has taken all limited liability company action and obtained all consents necessary for it:
Limited Liability Company Power. The Company has all requisite limited liability company power and authority to (a) enter into this Agreement and to perform all of its obligations hereunder, (b) carry out the transactions contemplated hereby and (c) issue the Subscription Units to the Investor.
Limited Liability Company Power. We have all requisite limited liability company power to execute and deliver this Agreement and all related agreements (the “Subscription Documents”) and to carry out and perform our obligations under the terms of the Subscription Documents.
Limited Liability Company Power. The Company has all requisite limited liability company power to execute and deliver this Agreement and to issue the Warrant, and to carry out and perform its obligations under the terms of the Xxxxxxxxx Agreements. The Company's Board of Directors (the "Board") has approved the Xxxxxxxxx Agreements based upon a reasonable belief that the BOTW Loan and issuance of the Warrant is appropriate for the Company after reasonable inquiry concerning the Company's capital requirements.
Limited Liability Company Power. The Operating Company will have on the Closing Date all requisite legal and limited liability company power and authority to execute and deliver this Agreement, to issue the Additional Membership Units to SKT Holdings (or, at SKT Holding’s election, to a Subsidiary of SKT Holdings) in accordance with the Operating Company Agreement, and to carry out and perform its obligations under the terms of this Agreement.
Limited Liability Company Power. (a) HRS has all requisite limited liability company power and authority to carry on its business as presently conducted and as conducted as of the Closing. HRS is duly qualified or licensed as a foreign entity to do business and, to the extent legally applicable, is in good standing in each jurisdiction where the character of its owned, operated or leased properties or the conduct of its business makes such qualification necessary. HRS (i) is not the subject of any supervision, conservation, rehabilitation, liquidation, receivership, insolvency, bankruptcy or similar proceeding and (ii) has not received any written notice from any Governmental Body or other Person threatening to seek to initiate any such proceeding.
Limited Liability Company Power. The Company and the Surviving Company have all requisite limited liability company or corporate power, as applicable, to execute and deliver this Agreement and the other Loan Documents, and to carry out and perform its obligations hereunder and thereunder.
Limited Liability Company Power. Buyer has all requisite limited liability company power to enter into this Agreement and the other Ancillary Instruments to be executed and delivered by Buyer and to carry out the transactions contemplated hereby and thereby.
Limited Liability Company Power. Company has all requisite limited liability company power and authority to own, operate and lease its properties, to carry on its business as and where such is currently being conducted, to execute and deliver this Agreement and the other documents and instruments to be executed and delivered by Company pursuant hereto and to carry out the transactions contemplated hereby and thereby. Except as set forth on Schedule 4.1(b), since January 1, 2011, Company has not engaged in any business other than the Business.
