Common use of Power and Authority; Binding Agreements Clause in Contracts

Power and Authority; Binding Agreements. The Borrower has the full right, power and authority to make, execute, deliver and perform its obligations under this Agreement and the execution, delivery and performance of the documents contemplated by this Agreement and consummation of the transactions contemplated by this Agreement have been duly authorized by all necessary action on the part of the Borrower. The Agreement and the Notes constitute the legal, valid and binding obligation of the Borrower, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 8 contracts

Samples: Loan and Security Agreement (Belport Capital Fund LLC), Loan and Security Agreement (Belcrest Capital Fund LLC), Loan and Security Agreement (Belmar Capital Fund LLC)

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Power and Authority; Binding Agreements. The Borrower has the full right, power and authority to make, execute, deliver and perform its obligations under this Agreement and the execution, delivery and performance of the documents contemplated by this Agreement and consummation of the transactions contemplated by this Agreement have been duly authorized by all necessary action on the part of the Borrower. The Agreement and the Notes Note constitute the legal, valid and binding obligation of the Borrower, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 5 contracts

Samples: Loan and Security Agreement (Belrose Capital Fund LLC), Loan and Security Agreement (Belcrest Capital Fund LLC), Loan and Security Agreement (Belair Capital Fund LLC)

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Power and Authority; Binding Agreements. The Borrower has the full right, power and authority to make, execute, deliver and perform its obligations under this Agreement and the execution, delivery and performance of the documents contemplated by this Agreement and consummation of the transactions contemplated by this Agreement have been duly authorized by all necessary action on the part of the Borrowerits part. The This Agreement and the Notes constitute constitutes the legal, valid and binding obligation of the Borrower, enforceable in accordance with their respective terms, its terms except as enforceability (a) the enforcement thereof may be limited by applicable bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting the enforcement of creditors' ’ rights generally generally, and by (b) the enforcement thereof is subject to general equitable principles of equity (regardless of whether enforcement enforceability is sought by proceedings considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Note Purchase Agreement (Acquicor Management LLC), Note Purchase Agreement (Acquicor Management LLC)

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