Right to Act. No registration with or approval of any governmental agency (except for approval as to form and legality by the Attorney General for the Commonwealth of Pennsylvania) is required for the due execution and delivery or enforceability of this Agreement. The Servicer has legal power to execute and deliver this Agreement under the laws of Pennsylvania and to perform such Services and observe the provisions herein under the laws of Pennsylvania. By executing and delivering this Agreement, and by performing and observing the provisions of this Agreement, the Servicer will not violate any existing provision of its Articles of Incorporation or its bylaws or any applicable law or violate or otherwise become in default under any existing contract or other obligation binding upon the Servicer. The officers executing and delivering this Agreement have been duly authorized to do so, and this Agreement is legally binding upon the Servicer and enforceable against the Servicer in every respect.
Right to Act. No registration with or approval of any governmental agency of any kind is required for the due execution and delivery or for the enforceability of this Agreement and any Note issued pursuant to this Agreement. The Borrower has legal power and right to execute and deliver this Agreement and any Note issued pursuant to this Agreement and to perform and observe the provisions of this Agreement and any Note issued pursuant hereto and all such actions have been duly authorized by all necessary corporate action of the Borrower. By executing and delivering this Agreement and any Note issued pursuant to this Agreement and by performing and observing the provisions of this Agreement and any Note issued pursuant hereto, the Borrower will not violate any existing provision of its Articles of Incorporation, Code of Regulations or any applicable law or violate or otherwise become in default under any existing contract, agreement, indenture or other obligation binding upon the Borrower. The officers executing and delivering this Agreement on behalf of the Borrower have been duly authorized to do so.
Right to Act. No registration with or consent or approval of any governmental agency of any kind is required for the execution, delivery, performance and enforceability of the Borrower Documents. The Borrower has full power and authority, corporate and otherwise, to execute, deliver and perform the Borrower Documents.
Right to Act. No registration with or approval of any governmental agency is required for the due execution and delivery or enforceability of this Agreement. CFMS has legal power to execute and deliver this Agreement under the laws of Virginia and to perform such Services and observe the provisions herein under the laws of Virginia. By executing and delivering this Agreement, and by performing and observing the provisions of this Agreement, CFMS will not violate any existing provision of its Articles of Incorporation or its bylaws or any applicable law or violate or otherwise become in default under any existing contract or other obligation binding upon CFMS. The officers executing and delivering this Agreement are duly authorized to do so, and this Agreement is legally binding upon CFMS and enforceable against the CFMS in every respect.
Right to Act. The Borrower has the legal power, capacity and right to execute and deliver all of the Loan Documents, and to observe and perform all of the provisions of the Loan Documents. The Borrower's execution and delivery of the Loan Documents and its performance or observance of the provisions of the Loan Documents do not and will not violate any existing provisions in Borrower's Articles of Incorporation or By-Laws or any law applicable to Borrower or otherwise constitute a default or a violation under, or result in the imposition of any lien under, or conflict with, or result in any breach of any of the provisions of, any existing material contract or other obligation binding Borrower, with or without the passage of time or the giving of notice or both. The officer executing and delivering the Loan Documents on behalf of the Borrower has been duly authorized to do so, and the Loan Documents referred to herein are legal, valid and binding obligations of the Borrower enforceable in accordance with their respective terms.
Right to Act. No registration with or approval of any governmental agency of any kind is required for the due execution and delivery of, or for the enforceability of, this Loan Agreement, the Note or any of the Security Instruments or other Loan Documents except for the recording in the appropriate public office of the Mortgage and the Financing Statement(s). The Borrower has the legal power and right to execute and deliver this Loan Agreement, the Note, the Security Instruments and the other Loan Documents and to observe and perform all of the provisions of such instruments and documents. The Borrower's execution and delivery of this Loan Agreement, the Note and Security Instruments or of any other writing relating to the Loan, or the performance or observance by the Borrower of the provisions of any of such instruments, do not violate or will violate any law applicable to it or otherwise constitute a default or violation under any existing contract or other obligation binding upon it or its property, with or without the passage of time or the giving of notice, or both. The persons or entities executing and delivering this Loan Agreement, the Note, Security Instruments and other Loan Documents on behalf of the Borrower have been duly authorized to do so, and this Loan Agreement, the Note, the Security Instruments and the other Loan Documents are legally binding upon the Borrower, and are enforceable in accordance with their respective terms.
Right to Act. Neither the execution and delivery of this Agreement or the Notes, the consummation of any transaction contemplated by those documents, nor compliance with their terms and provisions will:
Right to Act. 39 SECTION 9.03. BINDING EFFECT ............................................................................ 39 SECTION 9.04. LITIGATION ................................................................................ 39 SECTION 9.05. EMPLOYEE RETIREMENT INCOME SECURITY ACT ................................................... 40 SECTION 9.06. ENVIRONMENTAL COMPLIANCE .................................................................. 40 SECTION 9.07. SOLVENCY .................................................................................. 40 SECTION 9.08.
Right to Act. Upon Subscriber’s failure to perform any of its duties required by these Terms and Conditions, NSv may, but shall not be obligated to, perform any or all such duties, including payment of any tax, assessment, or insurance and other charges or expenses as provided herein. Subscriber shall reimburse NSv an amount equal to the cost paid plus a 10% administrative fee. CONSUMER PRICE INDEX ESCALATION Upon each anniversary of the Commencement Date, NSv shall review the change in the Consumer Price Index (CPI-U, U.S. city average, all items, 1982-1984=100) (the “Index”) as published by the U.S. Bureau of Labor Statistics, over the prior twelve (12) months (or such period as close as possible given the dates on which the CPI-U is published). Such review shall be made by subtracting the Index in effect as of the previous anniversary date (or commencement date when such review is made at the first anniversary) (“Base CPI”), from the Index published as close to the anniversary date (“Current CPI”) as possible. The resulting difference is then divided by the Base CPI. If the quotient (the “Factor”) is .03 or greater, then NSv shall have the right to adjust going forward all NSv recurring charges as of the anniversary date by multiplying the recurring charges by the “Index Ratio” which is equal to the Factor plus one (1). If the Factor is .03 or greater in any year, all subsequent increases to the Index as of the anniversary date, regardless of amount, shall be used to determine the “Adjusted Factor.” NSv shall have the right to adjust going forward all NSv recurring charges as of each anniversary date by multiplying the original recurring charges (as determined prior to any adjustment under this provision) by the “Adjusted Index Ratio,” which is equal to the Adjusted Factor plus one (1). The determination of the Factor, Adjusted Factor, and related Index Ratios is represented by the following formulas: F = (A – B)/B AF = ((A – B)/B) + F IR = F+1 AIR =AF + 1 Where: A = Current CPI F = Factor IR = Index Ratio B = Base CPI AF = Adjusted Factor AIR = Adjusted Index Ratio Example 1: Base CPI is 215.693 and the Current CPI is 217.965. The Factor is .011. Since the Factor is less than .03, no adjustment is made to the recurring charges. Example 2: Base CPI is 217.965 and the Current CPI is 225.722. The Factor is .036. Given that the Factor exceeds .03, the original recurring charges are multiplied by the Index Ratio of 1.036 to determine the new recurring charges going forwa...
Right to Act. No registration with or approval of any governmental agency is required for the due execution and delivery or enforceability of this Agreement. The Servicer has legal power to execute and deliver this Agreement under the laws of o and to perform such Services and observe the provisions herein under the laws of o. By executing and delivering this Agreement, and by performing and observing the provisions of this Agreement, the Servicer will not violate any existing provision of its Articles of Incorporation or its bylaws or any applicable law or violate or otherwise become in default under any existing contract or other obligation binding upon the Servicer. The officers executing and delivering this Agreement have been duly authorized to do so, and this Agreement is legally binding upon the Servicer and enforceable against the Servicer in every respect.
