Common use of Organizational Power; Authorization Clause in Contracts

Organizational Power; Authorization. The execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s organizational powers and have been duly authorized by all necessary organizational and, if required, shareholder, partner or member action. Each of this Agreement and the other Loan Documents has been duly executed and delivered by the Borrower and the other Loan Parties party thereto and constitutes valid and binding obligations of the Borrower or such Loan Party (as the case may be), enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

Appears in 3 contracts

Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.), Priming Credit Agreement (BioScrip, Inc.)

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Organizational Power; Authorization. The execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s 's organizational powers and have been duly authorized by all necessary organizational and, if required, shareholder, partner or member action. Each of this This Agreement and the other Loan Documents has been duly executed and delivered by the Borrower such Loan Party and the constitutes, and each other Loan Parties party thereto Document to which any Loan Party is a party, when executed and constitutes delivered by such Loan Party, will constitute, valid and binding obligations of the Borrower such Loan Party or such other Loan Party (as the case may be), enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general principles of equity.

Appears in 1 contract

Samples: Credit Agreement (Freds Inc)

Organizational Power; Authorization. The execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s organizational powers and have been duly authorized by all necessary organizational and, if required, shareholder, partner or member action. Each of this This Agreement and the other Loan Documents has been duly executed and delivered by the Borrower Borrower, and the constitutes, and each other Loan Parties party thereto Document to which any Loan Party is a party, when executed and constitutes delivered by such Loan Party, will constitute, valid and binding obligations of the Borrower or such Loan Party (as the case may be), enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.. Section 4.3

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Healthways, Inc)

Organizational Power; Authorization. The execution, ----------------------------------- delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s its organizational powers and have been duly authorized by all necessary organizational and, if required, shareholder, partner or member action. Each of this Agreement and the other Loan Documents to which a Loan Party is a party has been duly executed and delivered by the Borrower and the other such Loan Parties party thereto Party, and constitutes a valid and binding obligations obligation of the Borrower or such Loan Party (as the case may be)Party, enforceable against it in accordance with their its respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws affecting the enforcement of creditors' rights generally and by general principles of equity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mapics Inc)

Organizational Power; Authorization. The execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s organizational powers and have been duly authorized by all necessary organizational and, if required, shareholder, partner or member action. Each of this This Agreement and the other Loan Documents has been duly executed and delivered by the Borrower Loan Parties and the constitutes, and each other Loan Parties party thereto Document to which any Loan Party is a party, when executed and constitutes delivered by such Loan Party, will constitute, valid and binding obligations of the Borrower or such Loan Party (as the case may be)Parties, enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

Appears in 1 contract

Samples: Credit Agreement (GTY Technology Holdings Inc.)

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Organizational Power; Authorization. The execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s organizational powers and have been duly authorized by all necessary organizational and, if required, shareholder, partner or member action. Each of this This Agreement and the other Loan Documents has been duly executed and delivered by the Borrower each Loan Party and the constitutes, and each other Loan Parties party thereto Document to which any Loan Party is a party, when executed and constitutes delivered by such Loan Party, will constitute, valid and binding obligations of the Borrower or such Loan Party (as the case may be)Party, enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally generally, by implied covenants of good faith and fair dealing, and by general principles of equity.

Appears in 1 contract

Samples: Credit Agreement (Buckeye Partners, L.P.)

Organizational Power; Authorization. The execution, delivery and performance by each Loan Party Borrower of the Loan Documents to which it is a party are within such Loan Party’s its organizational powers and have been duly authorized by all necessary organizational andorganizational, and if required, shareholder, partner or member action. Each of this This Agreement and the other Loan Documents has been duly executed and delivered by the Borrower Borrower, and the constitutes, and each other Loan Parties party thereto Document to which Borrower is a party, when executed and constitutes delivered by Borrower, will constitute, valid and binding obligations of the Borrower or such Loan Party (as the case may be)Borrower, enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws affecting the enforcement of creditors' rights generally and by general principles of equity.

Appears in 1 contract

Samples: Credit Agreement (East Kansas Agri Energy LLC)

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