Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and duly qualified under the Trust Indenture Act, has been validly executed and delivered by the Company, and constitutes a valid and binding agreement of the Company and the Parent Guarantor, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 4 contracts
Sources: Underwriting Agreement (H&r Block Inc), Underwriting Agreement (H&r Block Inc), Underwriting Agreement (H&r Block Inc)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and Guarantor, duly qualified under the Trust Indenture Act, has been validly 1939 Act and duly executed and delivered by the Company, Company and the Guarantor. The Indenture constitutes a valid and binding agreement of the Company and the Parent Guarantor, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 4 contracts
Sources: Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD), Underwriting Agreement (Weatherford International LTD)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and Guarantors, duly qualified under the Trust Indenture Act, has been validly 1939 Act and duly executed and delivered by the Company, Company and the Guarantors. The Indenture constitutes a valid and binding agreement of the Company and the Parent GuarantorGuarantors, enforceable against the Company and the Parent Guarantor Guarantors in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Underwriting Agreement (Weatherford International Ltd./Switzerland), Underwriting Agreement (Weatherford International Ltd./Switzerland)
Authorization of the Indenture. The Indenture has been ------------------------------ duly authorized by the Company and the Parent Guarantor and duly qualified under the Trust Indenture ActSubsidiary Guarantors and, has been validly when executed and delivered by the Company, the Subsidiary Guarantors and constitutes the Trustee, will constitute a valid and binding agreement of the Company and the Parent GuarantorSubsidiary Guarantors, enforceable against the Company and the Parent Guarantor each of them in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Purchase Agreement (Isle of Capri Casinos Inc), Purchase Agreement (Grand Palais Riverboat Inc)
Authorization of the Indenture. The Base Indenture has been duly authorized by the Company and the Parent Guarantor and duly qualified under the Trust 1939 Act and, when the Supplemental Indenture Act, has been validly is duly executed and delivered by the CompanyCompany and the Trustee, and constitutes the Indenture will constitute a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Underwriting Agreement (PDL Biopharma, Inc.), Underwriting Agreement (PDL Biopharma, Inc.)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent each Subsidiary Guarantor and duly qualified under the Trust Indenture Actand, has been validly when executed and delivered by the Company, each Subsidiary Guarantor and constitutes the Trustee, will constitute a valid and binding agreement of the Company and the Parent each Subsidiary Guarantor, enforceable against the Company and the Parent each Subsidiary Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Purchase Agreement (Perry Ellis International Inc), Purchase Agreement (Supreme International Corp)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and duly qualified under the Trust 1939 Act and, when the Indenture Act, has been validly is duly executed and delivered by the CompanyCompany and the Trustee, and constitutes the Indenture will constitute a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Underwriting Agreement (Intercept Pharmaceuticals Inc), Underwriting Agreement (Keyw Holding Corp)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and Base Indenture has been duly qualified under the Trust 1939 Act and, when the Supplemental Indenture Act, has been validly is duly executed and delivered by the CompanyCompany and the Trustee, and constitutes the Indenture will constitute a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Purchase Agreement (Stancorp Financial Group Inc), Purchase Agreement (Stancorp Financial Group Inc)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and duly qualified under the Trust Indenture Act1939 Act and, has at the Closing Time, will have been validly duly executed and delivered by the CompanyCompany and, when duly executed and constitutes delivered by the Trustee, will constitute a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Sources: Purchase Agreement (Cd Radio Inc)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent each Guarantor and duly qualified under the Trust Indenture Act1939 Act and, has been validly when duly executed and delivered by the Company, each Guarantor and constitutes the Trustee, will constitute a valid and binding agreement of the Company and the Parent each Guarantor, enforceable against the Company and the Parent each Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent each Guarantor and duly qualified under the Trust Indenture Act1939 Act and, has been validly when duly executed and delivered by the CompanyCompany and each Guarantor and the Trustee, and constitutes will constitute a valid and binding agreement of the Company and the Parent each Guarantor, enforceable against the Company and the Parent each Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and upon effectiveness of the Parent Guarantor and Registration Statement was duly qualified under the Trust Indenture ActAct and, has been validly when duly executed and delivered by the Company, and constitutes the Trustee, will constitute a valid and legally binding agreement of each of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement the enforceability is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized ------------------------------ authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, assuming it has been duly executed and delivered by the Company and the Parent Guarantor and duly qualified under the Trust Indenture ActTrustee, has been validly executed and delivered by the Company, and constitutes a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights and remedies generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and the Parent Guarantor and duly qualified under the Trust Indenture ActSubsidiary Guarantors and, has been validly when executed and delivered by the Company, the Subsidiary Guarantors and constitutes the Trustee, will constitute a valid and binding agreement of the Company and the Parent GuarantorSubsidiary Guarantors, enforceable against the Company and the Parent Guarantor each of them in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and at the Parent Guarantor and Closing Date will be duly qualified under the Trust Indenture Act1939 Act and, has been validly when duly executed and delivered by the CompanyCompany and, assuming the due authorization, execution and constitutes delivery by the Trustee, will constitute a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and each of the Parent Guarantor and Guarantors and, when duly qualified under the Trust Indenture Act, has been validly executed and delivered by each of the Company, the Guarantors and constitutes the Trustee, will constitute a valid and binding agreement of the Company and each of the Parent GuarantorGuarantors, enforceable against the Company and each of the Parent Guarantor Guarantors in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. At the time of its execution, the Indenture will be duly qualified under the Trust Indenture Act. The Indenture has been duly authorized by the Company and the Parent Guarantor and and, when duly qualified under the Trust Indenture Act, has been validly executed and delivered by the CompanyCompany and the Trustee, and constitutes will constitute a valid and binding agreement of the Company and the Parent GuarantorCompany, enforceable against the Company and the Parent Guarantor in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Sources: Underwriting Agreement (Takeda Pharmaceutical Co LTD)