Common use of Validity of Documents Clause in Contracts

Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrument; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.

Appears in 13 contracts

Samples: And Consolidated Mortgage and Security Agreement (Mack Cali Realty L P), And Consolidated Mortgage and Security Agreement (Mack Cali Realty L P), And Consolidated Mortgage and Security Agreement (Mack Cali Realty L P)

AutoNDA by SimpleDocs

Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrument; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.UCC”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.

Appears in 4 contracts

Samples: Multi State Mortgage and Security Agreement (CNL Hotels & Resorts, Inc.), Security Agreement (CNL Hotels & Resorts, Inc.), Trust, Security Agreement and Fixture Filing (CNL Hotels & Resorts, Inc.)

Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in the lien, encumbrance and security interest created by this InstrumentInstrument and the other Documents; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.

Appears in 3 contracts

Samples: Security Agreement (250 West 57th St Associates L.L.C.), Mortgage and Security Agreement (250 West 57th St Associates L.L.C.), Agreement (60 East 42nd Street Associates L.L.C.)

Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the legal power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrument; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Eagle Hospitality Properties Trust, Inc.)

AutoNDA by SimpleDocs

Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note Notes (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or CENTRAL\31200109.7 -4- judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrumentthe Instruments; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrumentthe Instruments, the Assignment Assignments and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note and this Agreement (ia) are within the power of Borrower; (iib) have been authorized by all requisite action; (iiic) have received all necessary approvals and consents; (ivd) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1i) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2ii) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (ve) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrumentthe Instrument and the other Documents; and (vif) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this the Instrument, the Assignment and Uniform Commercial Code (the “U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.