Power and Authority; Validity of Agreement. Each Borrower has the power and authority under the law of its state of incorporation and under its articles or certificate of incorporation and by-laws to enter into and perform the Loan Documents, to the extent it is a party thereto; all actions (corporate or otherwise) necessary or appropriate for Borrowers' execution and performance of the Loan Documents, to the extent it is a party thereto, have been taken; and, upon their execution, the Loan Documents will constitute the valid and binding obligations of Borrowers, to the extent each is a party thereto, enforceable in accordance with their terms.
Power and Authority; Validity of Agreement. Each Company has the ------------------------------------------ power and authority under applicable law and under its organizational documents to enter into and perform the Loan Documents to the extent that it is a party thereto; and all actions necessary or appropriate for the execution and performance by each Company of the Loan Documents to which it is a party have been taken, and, upon their execution, the same will constitute the valid and binding obligations of each Company to the extent it is a party thereto, enforceable in accordance with their respective terms, except as such enforceability may be limited by bankruptcy or equitable principles applicable to the enforcement of creditors' rights generally.
Power and Authority; Validity of Agreement. Such ------------------------------------------ Stockholder has the legal capacity, power and authority to enter into and perform all of its obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party, including, without limitation, any voting agreement, shareholders' agreement or voting trust. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding obligation of such Stockholder enforceable against such Stockholder in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar laws affecting creditors' rights and remedies generally and subject, as to enforceability, to general principles of equity, including principles of commercial reasonableness, good faith and fair dealing (regardless of whether enforcement is sought in a proceeding at law or in equity).
Power and Authority; Validity of Agreement. Subject to the entry of the Confirmation Order, each Loan Party has the partnership, corporate or other power and authority to enter into and perform each Loan Document to which it is a party; and subject to the entry of the Confirmation Order, all actions necessary or appropriate for its execution and performance of such Loan Documents have been taken, and, upon their execution, and assuming due execution, delivery and performance by Lender, if required, the same will constitute the valid and binding obligations of such Loan Party, enforceable in accordance with their terms subject to the effect of applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and to general equitable principles limiting the availability of equitable remedies.
Power and Authority; Validity of Agreement. Each of the Borrowers and Guarantors has the power and authority under Delaware law and under its organizational documents to enter into and perform this Agreement, the Promissory Notes and all other agreements, documents and actions required hereunder, to the extent each is a party thereto; and all actions necessary or appropriate for Borrowers' and Guarantors' execution and performance of this Agreement, the Promissory Notes, and all other agreements, documents and actions required hereunder, to the extent it is a party hereto, have been taken, and, upon their execution, the same will constitute the valid and binding obligations of Borrowers and Guarantors to the extent each is a party thereto, enforceable in accordance with their terms.
Power and Authority; Validity of Agreement. Borrower has the ------------------------------------------ partnership power and authority under Colorado law and under its Partnership Agreement to enter into and perform this Agreement, the Note and all other agreements, documents and actions required hereunder; and all actions (partnership, corporate or otherwise) necessary or appropriate for the execution and performance by Borrower of this Agreement, the Note and all other agreements, documents and actions required hereunder have been taken, and, upon their execution, the same will constitute the valid and binding obligations of Borrower to the extent it is a party thereto, enforceable in accordance with their terms, and the Collateral Documents will create first priority security interests in the Collateral contemplated in Paragraph 2.11 hereof in favor of Bank.
Power and Authority; Validity of Agreement. Borrower has the power and authority under the laws of the State of Delaware and under its organizational documents to enter into and perform this Agreement, the Note and all other agreements, documents and actions required hereunder; and all actions (corporate or otherwise) necessary or appropriate for the Borrower’s execution and performance of this Agreement, the Note and the other Credit Documents and actions required hereunder have been taken, and, upon their execution, the same will constitute the valid and binding obligations of the Borrower to the extent it is a party thereto, enforceable in accordance with their terms.
Power and Authority; Validity of Agreement. Each Company has the power and authority under applicable law and under its organizational documents to enter into and perform the Loan Documents to the extent that it is a party thereto; and all actions necessary or appropriate for the execution and performance by the Companies of the Loan Documents have been taken, and, upon their execution, the same will constitute the valid and binding obligations of the Companies to the extent it is a party thereto, enforceable in accordance with their terms, except as such enforceability may be limited by bankruptcy or equitable principles applicable to the enforcement of creditors' rights generally.
Power and Authority; Validity of Agreement. Subject to entry of the Sale Order or any other necessary authorization of the Bankruptcy Court, each Seller has full power and authority to execute and deliver the Transaction Documents to which it is a party and to consummate the transactions contemplated thereby. No other corporate or organizational proceedings on the part of any Seller are necessary to approve and authorize the execution and delivery of the Transaction Documents to which such Seller is a party and the consummation of the transactions contemplated thereby. All Transaction Documents to which any Seller is a party have been duly executed and delivered by such Seller, except such Transaction Documents that are required by the terms hereof to be executed and delivered by such Seller after the date hereof, in which case such Transaction Documents shall be duly executed and delivered by such Seller at or prior to the Closing, and, subject to any necessary authorization from the Bankruptcy Court and to the due authorization, execution and delivery of such Transaction Documents by the other parties thereto, all such Transaction Documents constitute, or will constitute, as the case may be, the valid and binding agreements of such Seller, enforceable against such Seller in accordance with their terms.
Power and Authority; Validity of Agreement. 6.1.1. Buyer has all requisite power and authority to enter -into this Agreement and each of the Transaction Documents to which Buyer is a party;
