Common use of Capacity and Enforceability Clause in Contracts

Capacity and Enforceability. Each Investor represents, warrants and covenants to Norwest that (i) the Investor has full right, power, authority and capacity to enter into this Investment Agreement and to consummate the transactions contemplated hereby, and (ii) upon its execution and delivery, this Investment Agreement shall constitute a valid and binding obligation of the Investor, enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors and contracting parties generally and except as enforceability may be subject to general principles of equity.

Capacity and Enforceability. Each Investor Shareholder represents, warrants and covenants to Norwest that (i) the Investor Shareholder has full right, power, authority and capacity to enter into this Investment Agreement and to consummate the transactions contemplated hereby, and (ii) upon its execution and delivery, this Investment Agreement shall constitute a valid and binding obligation of the InvestorShareholder, enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors and contracting parties generally and except as enforceability may be subject to general principles of equity.