Common use of Due Authority Clause in Contracts

Due Authority. The execution and delivery by the Company of this Agreement and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the right to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does not violate the Charter or the Company’s current bylaws; (ii) does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting enforcement of creditors’ rights and (b) as limited by general principles of equity that restrict the availability of equitable remedies.

Due Authority. The execution and delivery by the Company of this Agreement Warrant and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the right to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This AgreementWarrant: (i1) does not violate the Company’s Charter or the Company’s current bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement Warrant constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other laws of general application affecting the enforcement of creditors’ rights in general, and (b) as limited by except that the enforceability of this Warrant is subject to general principles of equity that restrict the availability of equitable remediesequity.

Due Authority. The execution and delivery by the Company of this Agreement and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the right to acquire the shares of Preferred Stock and the Common StockStock into which it may be converted, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i1) does not violate the Charter or the Company’s current bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms, terms except (ia) as limited by applicable bankruptcy, insolvency, reorganization, moratorium or moratorium, and other laws of general application affecting enforcement of creditors’ rights generally, and (b) as limited by general principles of equity that restrict laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the right to acquire the shares of Common Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company's Charter or the Company’s current bylaws; (ii) Bylaws, does not contravene any law or governmental rule, regulation or order applicable to the Company; it, do not and (iii) does will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes constitute a legal, valid and binding agreement of the Company, enforceable in accordance with its terms, terms (except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium reorganization or other similar laws of general application affecting relating to the enforcement of creditors’ ' rights generally and (b) as limited by general principles of equity that restrict relating to the availability of equitable remedies).

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the right to acquire the shares of Common Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This , and the Loan Agreement: (i) does , Note and this Warrant Agreement are not violate inconsistent with the Company's Charter or the Company’s current bylaws; (ii) does Bylaws, do not contravene any law or governmental rule, regulation or order applicable to the Company; it, do not and (iii) does will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loan Agreement, Note and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms, except (i) as limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium or insolvency and other laws of general application affecting enforcement of creditors’ creditor rights and (b) as limited by to general principles of equity that restrict the availability of equitable remediesequity.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the right to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company's Charter or the Company’s current bylaws; (ii) Bylaws, does not contravene any law or governmental rule, regulation or order applicable to the Company; it, does not and (iii) does will not contravene any material provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium or moratorium, and other laws of general application affecting enforcement of creditors’ ' rights generally, and (bii) as limited by general principles of equity that restrict laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.