Common use of The Loan Documents Clause in Contracts

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;

Appears in 4 contracts

Samples: Master Loan Agreement (Green Plains Renewable Energy, Inc.), Master Loan Agreement (Green Plains Renewable Energy, Inc.), Master Loan Agreement (US BioEnergy CORP)

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The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements agreement of the Borrower; or (ii) any law or any contractual restriction binding on or affecting Borrower the Borrower, failure to comply with which may have a Material Adverse Effect and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;.

Appears in 2 contracts

Samples: Loan Agreement (Renewable Energy Group, Inc.), Loan Agreement (Renewable Energy Group, Inc.)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, Borrower the failure to comply with which may have a Material Adverse Effect and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;

Appears in 2 contracts

Samples: Master Loan Agreement (Renewable Energy Group, Inc.), Master Loan Agreement (Renewable Energy Group, Inc.)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;

Appears in 2 contracts

Samples: Construction and Term Loan Agreement (Otter Tail Ag Enterprises, LLC), Master Loan Agreement (Otter Tail Ag Enterprises, LLC)

The Loan Documents. The execution, delivery and performance by the Borrower Borrowers of the Loan Documents are within the Borrower’s Borrowers’ powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the BorrowerBorrowers; or (ii) any law or any contractual restriction binding on or affecting the Borrower, Borrowers; and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;.

Appears in 2 contracts

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Green Plains Renewable Energy, Inc.)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereofof the Loan Documents) upon or with respect to any of its respective properties;

Appears in 2 contracts

Samples: Master Loan Agreement (Central Iowa Energy, LLC), Master Loan Agreement (Central Iowa Energy, LLC)

The Loan Documents. The execution, delivery and performance by the Borrower and the Subsidiary Guarantor of the Loan Documents are within the Borrower’s their respective powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of or organization or operating agreements of either the BorrowerBorrower or the Subsidiary Guarantor; or (ii) any law or any contractual restriction binding on or affecting the BorrowerBorrower or the Subsidiary Guarantor, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its their respective properties;.

Appears in 2 contracts

Samples: Master Loan Agreement (Heron Lake BioEnergy, LLC), Master Loan Agreement (Heron Lake BioEnergy, LLC)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents Document are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the Borrower’s articles of organization or operating agreements of the Borroweragreements; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;

Appears in 2 contracts

Samples: Construction and Revolving Loan Agreement (United Wisconsin Grain Producers LLC), Loan Agreement (Badger State Ethanol LLC)

The Loan Documents. The execution, delivery and performance by the Borrower and the Subsidiary Guarantor of the Loan Documents are within the Borrower’s their respective powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of or organization or operating agreements of either the BorrowerBorrower or the Subsidiary Guarantor; or (ii) any law or any contractual restriction binding on or affecting the BorrowerBorrower or the Subsidiary Guarantor, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its their respective properties;

Appears in 1 contract

Samples: Master Loan Agreement (Heron Lake BioEnergy, LLC)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s 's powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements agreement of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, ; and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;.

Appears in 1 contract

Samples: Credit Agreement (Highwater Ethanol LLC)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance GP:4879178v4 i (other than pursuant to the terms thereofof the Loan Documents) upon or with respect to any of its respective properties;

Appears in 1 contract

Samples: Master Loan Agreement (Homeland Energy Solutions LLC)

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The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements agreement of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, ; and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;.

Appears in 1 contract

Samples: Credit Agreement (Highwater Ethanol LLC)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s 's powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements agreement of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, ; and do not result in or require the creation of any lien, security interest Security Interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;.

Appears in 1 contract

Samples: Credit Agreement (Highwater Ethanol LLC)

The Loan Documents. The execution, delivery and performance by the Borrower of the each Loan Documents Document to which it is or will be a party are within the Borrower’s 's corporate powers, have been duly authorized by all necessary corporate action, do not contravene: contravene (i) the articles of organization Borrower's charter or operating agreements of the Borrower; by-laws or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereofhereto) upon or with respect to any of its respective properties;.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hudson Foods Inc)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s 's powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization Borrower's articles, by-laws, or operating agreements of the Borroweragreement; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;

Appears in 1 contract

Samples: Construction and Term Loan Agreement (Show Me Ethanol, LLC)

The Loan Documents. The execution, delivery and performance by the each Borrower of the each Loan Documents Document to which it is a party are within the such Borrower’s 's powers, have been duly authorized by all necessary company action, do not contravene: contravene (i) the articles of organization or operating agreements of the such Borrower; 's Organization Documents or (ii) any law Law or any contractual restriction binding on or affecting the such Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance Lien (other than pursuant to the terms thereofof the Collateral Documents) upon or with respect to any of its respective properties;the Collateral.

Appears in 1 contract

Samples: Loan Agreement (Condor Hospitality Trust, Inc.)

The Loan Documents. The execution, delivery and performance by the Borrower of the Loan Documents are within the Borrower’s powers, have been duly authorized by all necessary action, do not contravene: (i) the articles of organization or operating agreements of the Borrower; or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lien, security interest or other charge or encumbrance (other than pursuant to the terms thereofof the Loan Documents) upon or with respect to any of its respective properties;

Appears in 1 contract

Samples: Master Loan Agreement (Homeland Energy Solutions LLC)

The Loan Documents. The execution, delivery and performance by the Borrower of the each Loan Documents Document to which it is a party are within the Borrower’s 's powers, have been duly authorized by all necessary action, do not contravene: contravene (i) the articles of organization Borrower's charter or operating agreements of the Borrower; by-laws or (ii) any law or any contractual restriction binding on or affecting the Borrower, and do not result in or require the creation of any lienLien, security interest or other charge or encumbrance (other than pursuant to the terms thereof) upon or with respect to any of its respective properties;.

Appears in 1 contract

Samples: Credit Agreement (Fitlife Brands, Inc.)

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