Common use of Binding Obligation Clause in Contracts

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 181 contracts

Sources: Credit and Guaranty Agreement (Ladder Capital Corp), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 46 contracts

Sources: Senior Secured Revolving Credit and Guaranty Agreement (Euramax Holdings, Inc.), Credit and Guaranty Agreement (AbitibiBowater Inc.), Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally Debtor Relief Laws or by equitable principles relating to enforceability.

Appears in 36 contracts

Sources: Credit Agreement (FutureFuel Corp.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Ebix Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 34 contracts

Sources: Abl Credit and Guaranty Agreement (PetIQ, Inc.), Term Credit and Guaranty Agreement (PetIQ, Inc.), Term Credit and Guaranty Agreement (QualTek Services Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 20 contracts

Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)

Binding Obligation. Each Credit Document to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 12 contracts

Sources: Senior Secured Loan Agreement (Greenidge Generation Holdings Inc.), Revolving Credit Agreement (OppFi Inc.), Credit Agreement (CURO Group Holdings Corp.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcyDebtor Relief Laws, insolvencyby the principle of good faith and fair dealing, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 8 contracts

Sources: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Binding Obligation. Each Credit Document required to be delivered hereunder has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 8 contracts

Sources: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Binding Obligation. Each Credit Loan Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 8 contracts

Sources: Loan and Guaranty Agreement, Loan Agreement (SI-BONE, Inc.), Loan Agreement (iRhythm Technologies, Inc.)

Binding Obligation. Each of the Credit Document Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 8 contracts

Sources: Credit and Guaranty Agreement (Simmons Bedding Co), Credit and Guaranty Agreement (Simmons Co /Ga/), Credit Agreement (Covanta Energy Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 7 contracts

Sources: Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by general equitable principles, regardless of whether considered in a proceeding in equity or at law and principles relating to enforceabilityof good faith and fair dealing.

Appears in 7 contracts

Sources: Credit and Guaranty Agreement (Artivion, Inc.), Credit and Guaranty Agreement (Cohu Inc), Credit and Guaranty Agreement (Artivion, Inc.)

Binding Obligation. Each Credit Document and Related Agreement to which any Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 7 contracts

Sources: Revolving Credit and Guarantee Agreement (Mogo Inc.), Sixth Amendment Agreement (Mogo Inc.), First Amendment Agreement (Mogo Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each of the Credit Party Parties that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought by proceedings in equity or at law).

Appears in 7 contracts

Sources: Credit Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Governance Agreement (Och-Ziff Capital Management Group LLC)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and, in the case of each Foreign Credit Party and each Foreign Security Document, subject to the Legal Reservations and the Foreign Perfection Requirements.

Appears in 7 contracts

Sources: Amendment No. 4 to Amended and Restated Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Binding Obligation. Each Transaction Document to which each Credit Document Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 7 contracts

Sources: Credit Agreement (Apollo Debt Solutions BDC), Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement (Kennedy Lewis Capital Co)

Binding Obligation. Each Credit Document of the Loan Documents to which it is a party has been duly executed and delivered by each the Credit Party that is a party thereto Parties and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 6 contracts

Sources: Credit Agreement (Assurant, Inc.), Credit Agreement (Assurant, Inc.), Term Loan Agreement (Assurant Inc)

Binding Obligation. Each Credit Document of the Loan Documents to which it is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 5 contracts

Sources: Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc)

Binding Obligation. Each Credit Document to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 5 contracts

Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Governmental Rules relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability(whether enforcement is sought in equity or at law).

Appears in 4 contracts

Sources: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability(whether enforcement is sought in equity or at law).

Appears in 4 contracts

Sources: Credit Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp)

Binding Obligation. Each Credit Document required to be delivered hereunder has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability regardless of whether considered in a proceeding in equity or at law.

Appears in 4 contracts

Sources: Credit and Guaranty Agreement (Veritone, Inc.), Credit and Guaranty Agreement (Veritone, Inc.), Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 3 contracts

Sources: Revolving Credit and Guaranty Agreement (REV Group, Inc.), Term Loan and Guaranty Agreement (REV Group, Inc.), Revolving Credit and Guaranty Agreement (REV Group, Inc.)

Binding Obligation. Each Credit Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 3 contracts

Sources: Credit Agreement (FS Energy & Power Fund), Credit Agreement (FS Investment Corp II), Credit Agreement (FS Energy & Power Fund)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityprinciples.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Source Interlink Companies Inc), Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc), Term Loan Agreement (Source Interlink Companies Inc)

Binding Obligation. Each Subject to the Orders and the terms thereof, each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is is, subject to the Orders and the terms thereof, the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (other than with respect to the Debtors).

Appears in 3 contracts

Sources: Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.), Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.), Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (Fusion Connect, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability(regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting Debtor Relief Laws affecting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Sources: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)

Binding Obligation. Each of the Credit Document Documents and Related Agreements has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 2 contracts

Sources: Credit Agreement (Pantry Inc), Credit Agreement (Pantry Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each of the Credit Party Parties that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and principles of good faith and fair dealing.

Appears in 2 contracts

Sources: Credit and Guarantee Agreement (Kraton Corp), Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally Debtor Relief Laws or by equitable principles and principles of good faith and fair dealing relating to enforceability.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability(regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceabilityenforceability (whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Mariner Health Care Inc), Credit and Guaranty Agreement (Mariner Health Care Inc)

Binding Obligation. Each Credit Document and each Related Agreement to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such each Credit PartyParty that is a party thereto, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable general principles relating to enforceabilityof equity, regardless of whether considered in a proceeding at equity or law.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceabilityenforceability and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Hm Publishing Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.. CREDIT AND GUARANTY AGREEMENT 419908-New York Server 7A 52

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Network Plus Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by SECOND LIEN CREDIT AND ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇ ▇▇▇▇ Server 7A EXECUTION bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (American Reprographics CO)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and subject to applicable laws restricting the enforceability against a Governmental Authority of the assignment of Accounts arising under Medicare and Medicaid.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Houghton Mifflin Co)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvencyinsol- vency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.. 76 Credit and Guaranty Agreement

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (including, without limitation, the terms of the Interim Order or the Final Order, when applicable).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Ambassadors International Inc)

Binding Obligation. Each Credit Document and Equity Document to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto Party, and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit Agreement (Healing Co Inc.)

Binding Obligation. Each Credit Financing Document has been duly executed and delivered by each Credit Party that is a party thereto and each Financing Document and, to the Knowledge of each Credit Party that is a party thereto, each of the Material Contracts, is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Binding Obligation. Each of the Credit Document Documents and the Effective Date Transaction Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Focal Communications Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. Financial Statements.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and and, subject to the entry or issue of the Orders, is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Senior Secured Superpriority Debtor in Possession Credit Agreement (Lehman Brothers Holdings Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and, upon execution and delivery thereof by such Credit Party, is or will be the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable general principles relating to enforceabilityof equity.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (International Steel Group Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Tivity Health, Inc.)

Binding Obligation. Each Credit Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit Agreement (FS Investment Corp III)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto thereto, and subject to the entry of the Bankruptcy Court Orders, and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Debtor in Possession Financing Agreement (Granite Broadcasting Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, liquidation, conservatorship, assignment for the benefit of creditors, insolvency, rearrangement, receivership, reorganization, moratorium or similar laws relating to or limiting affecting creditors’ or secured parties’ rights generally or by equitable principles and principles of good faith and fair dealing relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)

Binding Obligation. Each Credit Document and each Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Payless Shoesource Inc /De/)

Binding Obligation. Each of the Credit Document Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Simmons Co)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Debtor in Possession Credit and Guaranty Agreement (NTL Delaware Inc)

Binding Obligation. Each Credit Document and Restructuring Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Xo Communications Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityDebtor Relief Laws.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Hydrofarm Holdings Group, Inc.)

Binding Obligation. Each Credit Document to which each Credit Party and Company Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto or Company Party and is the legally valid and binding obligation of such Credit Party or Company Party, enforceable against such Credit Party or Company Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit Agreement (F45 Training Holdings Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally legal, valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and general principles of equity.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Madison Square Garden Co)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally any Debtor Relief Law or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.)

Binding Obligation. Each Credit Loan Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Sources: Credit Agreement (Handleman Co /Mi/)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, conflicts of laws or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityor any other similar principles.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (AVG Technologies N.V.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and and, subject to the entry of the Orders, when applicable, is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Senior Secured Debtor in Possession Term Loan and Guaranty Agreement (Dura Automotive Systems Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party Party, in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Telvent Git S A)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Loan Party that is a party thereto and is the legally valid and binding obligation of such Credit Loan Party, enforceable against such Credit Loan Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit Agreement (Tiptree Inc.)

Binding Obligation. Each Credit Document of the Loan Documents has been duly executed and delivered by each Credit Party that which is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against each such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Loan and Security Agreement (Calton Inc)

Binding Obligation. Each Credit Document of the Loan Documents and Related Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by general equitable principles relating to enforceabilitywhether enforcement is sought in equity or at law.

Appears in 1 contract

Sources: Credit Agreement (Hartmarx Corp/De)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Loan Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyLoan Party and Parent, enforceable against such Credit Loan Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Credit Agreement (Tiptree Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability...........

Appears in 1 contract

Sources: Credit and Guaranty Agreement (BPC Holding Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.. -95-

Appears in 1 contract

Sources: Credit and Guaranty Agreement (BPC Holding Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party Obligor that is a party thereto and is the legally valid and binding obligation of such Credit PartyObligor, enforceable against such Credit Party Obligor in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Sources: Reimbursement and Guaranty Agreement (Delek US Holdings, Inc.)