Authorization of the Documents. The execution, delivery and performance by the Company of this Agreement and each of the Ancillary Documents to which it is a party has been duly authorized by all requisite corporate action on the part of the Company and the stockholders of the Company have approved and provided the requisite consent to effectuate the Purchases, and each of this Agreement and the Ancillary Documents constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms except to the extent that enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors’ rights generally.
Appears in 1 contract
Sources: Series a Preferred Stock and Warrant Purchase Agreement (Teraglobal Communications Corp)
Authorization of the Documents. The execution, delivery and performance by the Company of this Agreement and each of the Ancillary Documents to which it is a party has been duly authorized by all requisite corporate action on the part of the Company (and do not or will not require the stockholders approval or consent of the Company have approved shareholders of the Company), and provided the requisite consent to effectuate the Purchases, this Agreement and each of this Agreement and the Ancillary Documents constitutes a legal, valid and binding obligation of the CompanyCompany which is a party thereto, enforceable against the Company in accordance with its terms except to the extent that enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors’ ' rights generallygenerally and except to the extent that the remedy of specific performance and injunction and other forms of equitable relief may be subject to equitable defenses.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Digital Generation Systems Inc)
Authorization of the Documents. The execution, delivery and performance by the Company of this Agreement and each of the Ancillary Documents to which it is a party has been duly authorized by all requisite corporate action on the part of the Company (and do not or will not require the approval or consent of the stockholders of the Company have approved and provided the requisite consent to effectuate the PurchasesCompany), and each of this Agreement and the Ancillary Documents constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms except to the extent that enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors’ ' rights generally.
Appears in 1 contract
Sources: Preferred Stock and Warrant Purchase Agreement (Netegrity Inc)