Usury Qualification Sample Clauses

Usury Qualification. We express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be charged, collected, received or contracted for other than the internal laws of the State of New York and the federal laws of the United States, and, without limiting the foregoing, we expressly disclaim any opinion as to the usury or other such laws of any other jurisdiction (including laws of other states made applicable through principles of federal preemption or otherwise) that may be applicable to the transactions contemplated by the Credit Documents. For purposes of our letter, we have relied, without investigation, upon each of the following assumptions: 1. You are existing and in good standing in your jurisdiction of organization; 2. You have the corporate power or, if you are not a corporation, other requisite power (including, without limitation, under the laws of your jurisdiction of organization) to execute, deliver and to perform your obligations under each of the Credit Documents to which you are a party, and each of the Credit Documents to which you are a party has been duly authorized by all necessary corporate or other action on your part and, to the extent you are a party, has been duly executed and duly delivered by you; 3. The Credit Documents to which you are a party constitute valid and binding obligations of yours and are enforceable against you in accordance with their terms (subject to qualifications, exclusions, and other limitations similar to those applicable to our letter); 4. You have satisfied those legal requirements that are applicable to you to the extent necessary to make the Credit Documents to which you are a party enforceable against you; 5. You have complied with all legal requirements pertaining to your status as such status relates to your rights to enforce the Credit Documents against the Credit Parties; 6. Each document submitted to us for review is accurate and complete, each such document that is an original is authentic, each such document that is a copy conforms to an authentic original, and all signatures on each such document are genuine (other than those of or on behalf of the Credit Parties); 7. There has not been any mutual mistake of fact or misunderstanding, fraud, duress or undue influence; 8. The conduct of the parties to the Credit Documents has complied with any requirement of good faith, fair dealing, and conscionability; 9. You have acted in good faith and without notice of any...

Usury Qualification. I express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be charged, collected, received or contracted for, and, without limiting the foregoing, I expressly disclaim any opinions as to the usury or other such laws of any jurisdiction (including laws of other states made applicable through principles of federal preemption or otherwise) which may be applicable to the transactions contemplated by the Operative Documents.

Usury Qualification. We express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be charged, collected, received or contracted for, other than the internal laws of the State of New York and, without limiting the foregoing, we expressly disclaim any opinions as to the usury or other such laws of any other jurisdiction (including laws of other states made applicable through principles of federal preemption or otherwise) which may be applicable to the transactions contemplated by the Credit Agreement. For purposes of our letter, we have relied, without investigation, upon each of the following assumptions: 1. You are existing and in good standing in your jurisdiction of organization. 2. You have full power and authority (including without limitation under the laws of your jurisdiction of organization) to execute, deliver and to perform your obligations under the Credit Agreement and the Credit Agreement has been duly authorized by all necessary action on your part and has been duly executed and duly delivered by you. 3. The Credit Agreement constitutes valid and binding obligations of yours and are enforceable against you in accordance with their terms (subject to qualifications, exclusions and other limitations similar to those applicable to our letter). 4. You have complied with all legal requirements pertaining to your status as such status relates to your rights to enforce the Credit Agreement to which you are a party against the Borrower. 5. You have satisfied those legal requirements that are applicable to you to the extent necessary to make the Credit Agreement enforceable against you. 6. You have acted in good faith and without notice of any defense against the enforcement of any rights created by, or adverse claim to any property or security interest transferred or created as part of, the transactions effected under the Credit Agreement (herein called the “Transactions”).

Usury Qualification. We express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be charged, collected, received or contracted for, other than the internal laws of the State of New York and, without limiting the foregoing, we expressly disclaim any opinions as to the usury or other such laws of any other jurisdiction (including laws of other states made applicable through principles of federal preemption or otherwise) which may be applicable to the transactions contemplated by the Transaction Documents. Black Mountain CoGen, Inc. Corporation Delaware 2311742 Dynegy Power Generation Inc. Corporation Delaware 4090242 Sithe Energies, Inc. Corporation Delaware 2201629 Dynegy Global Liquids, Inc. Corporation Delaware 2656710 Dynegy Administrative Services Company Corporation Delaware 2982882 Dynegy Operating Company Corporation Texas 0027910700 Illinova Corporation Corporation Illinois 57553332 Dynegy Gas Investments Holdings, LLC Limited Liability Company Delaware 5007705 Dynegy Power, LLC Limited Liability Company Delaware 2197182 Blue Ridge Generation LLC Limited Liability Company Delaware 3394600 Casco Bay Energy Company, LLC Limited Liability Company Delaware 2617110 Dynegy Equipment, LLC Limited Liability Company Delaware 3113239 Dynegy ▇▇▇▇▇▇▇ Energy, LLC Limited Liability Company Delaware 2961927 Dynegy Morro Bay, LLC Limited Liability Company Delaware 2822063 Dynegy ▇▇▇▇ Landing, LLC Limited Liability Company Delaware 2822064 Dynegy Oakland, LLC Limited Liability Company Delaware 2822062 Dynegy South Bay, LLC Limited Liability Company Delaware 2966275 Ontelaunee Power Operation Company, LLC Limited Liability Company Delaware 3847428 Sithe/Independence LLC Limited Liability Company Delaware 2222592 Dynegy Marketing and Trade, LLC Limited Liability Company Delaware 4621534 Dynegy Gas Investments, LLC Limited Liability Company Delaware 5000911 Dynegy Coal Holdco, LLC Limited Liability Company Delaware 4995449 Dynegy Coal Investments Holdings, LLC Limited Liability Company Delaware 5007701 Dynegy Midwest Generation, LLC Limited Liability Company Delaware 4999472 Havana Dock Enterprises, LLC Limited Liability Company Delaware 3379309 Dynegy Coal Trading & Transportation, L.L.C. Limited Liability Company Delaware 3159583 Dynegy Gas Imports, LLC Limited Liability Company Delaware 4322037 Dynegy GasCo Holdings, LLC Limited Liability Company Delaware 5007704 Dynegy Gas Holdco, LLC Limited Liability Company Delaware 4995448...

Usury Qualification. We express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be charged, collected, received or contracted for other than the internal laws of the State of New York, and, without limiting the foregoing, we expressly disclaim any opinion as to the usury or other such laws of any other jurisdiction (including laws of other states made applicable through principles of federal preemption or otherwise) which may be applicable to the transactions contemplated by the Operative Documents. For purposes of our letter, we have relied, without investigation, upon each of the following assumptions: 1. You are existing and in good standing in your jurisdiction of organization. 2. You have the corporate power or, if you are not a corporation, other requisite power (including, without limitation, under the laws of your jurisdiction of organization) to execute, deliver and to perform your obligations under each of the Operative Documents to which you are a party, and each of the Operative Documents to which you are a party has been duly authorized by all necessary action on your part and, to the extent you are a party, has been duly executed and duly delivered by you. 3. The Operative Documents to which you are a party constitute valid and binding obligations of yours and are enforceable against you in accordance with their terms (subject to qualifications, exclusions and other limitations similar to those applicable to this letter). 4. You have satisfied those legal requirements that are applicable to you to the extent necessary to make the Operative Documents enforceable against you. 5. You have complied with all legal requirements pertaining to your status as such status relates to your rights to enforce the Operative Documents against the Loan Parties. 6. Each document submitted to us for review is accurate and complete, each such document that is an original is authentic, each such document that is a copy conforms to an authentic original, and all signatures on each such document are genuine. 7. There has not been any mutual mistake of fact or misunderstanding, fraud, duress or undue influence.

Usury Qualification. We express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be charged, collected, received or contracted for other than the internal laws of the State of New York and the Federal laws of the United States, and without limiting the foregoing, we expressly disclaim any opinion as to the usury or other such laws of any other jurisdiction (including laws of other states made applicable through principles of Federal preemption or otherwise) which may be applicable to the transactions contemplated by the Loan Documents. For purposes of our letter, we have relied, without investigation, upon each of the following assumptions: 1. The Loan Documents to which you are party constitute valid and binding obligations of yours and are enforceable against you in accordance with their terms (subject to qualifications, exclusions and other limitations similar to those applicable to this letter). 2. You have satisfied those legal requirements that are applicable to you to the extent necessary to make the Loan Documents to which you are a party enforceable against you. 3. You have complied with all legal requirements pertaining to your status as such status relates to your rights to enforce the Loan Documents against the Credit Parties, as applicable. 4. Each document submitted to us for review is accurate and complete, each such document that is an original is authentic, each such document that is a copy conforms to an authentic original, and all signatures (other than those of or on behalf of a Credit Party) on each such document are genuine. 5. There has not been any mutual mistake of fact or misunderstanding, fraud, duress or undue influence among you and the Credit Parties. 6. The conduct of the parties to the Loan Documents has complied with any requirement of good faith, fair dealing and conscionability. 7. You have acted in good faith and without notice of any defense against the enforcement of any rights created by, or adverse claim to any property or security interest transferred or created as part of, the transactions effected under the Loan Documents (herein called the “Transactions”). 8. There are no agreements or understandings among the parties, written or oral (other than the Loan Documents), and there is no usage of trade or course of prior dealing among the parties that would, in either case, define, supplement or qualify the terms of the Credit Agreement or any of the Other Loan Documents. 9. The ...

Usury Qualification. We express no opinion with regard to usury or other laws limiting or regulating the maximum amount of interest that may be changed, collected, received or contracted for, other than the internal laws of the State of Illinois and the federal laws of the United States, and, without limiting the foregoing, we expressly disclaim any opinions as to the usury or other such laws of any other jurisdiction (including laws of other states made applicable through principles of federal preemption or otherwise) which may be applicable to the transactions contemplated by the Loan Documents. ASSUMPTIONS For the purposes of our letter, we have relied, without investigation, upon each of the following assumptions: 1. Each document submitted to us for review is accurate and complete, each such document that is an original is authentic, each such document that is a copy conforms to an authentic original and all signatures (other than those of or on behalf of any Loan Party) on each such document are genuine. 2. Each certificate obtained from a governmental authority relied on by us is accurate, complete and authentic and all relevant official public records to which each such certificate relates are accurate and complete. 3. There has not been any mutual mistake of fact or misunderstanding, fraud, duress or undue influence. 4. The Loan Documents constitute valid and binding obligations of yours and are enforceable against you in accordance with their terms (subject to qualifications, exclusions and other limitations similar to those applicable to our letter). 5. You have satisfied those legal requirements that are applicable to you to the extent necessary to make the Loan Documents to which you are a party enforceable against you. 6. The conduct of the parties to the Loan Documents has complied with any requirement of good faith, fair dealing and conscionability.