Common use of Due Authorization and Enforceability Clause in Contracts

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 24 contracts

Sources: At Market Issuance Sales Agreement (Adcare Health Systems, Inc), At Market Issuance Sales Agreement (Adcare Health Systems, Inc), Underwriting Agreement (Adcare Health Systems, Inc)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform authorize, issue and discharge its obligations hereunder; and sell the Shares as contemplated by this Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 7 contracts

Sources: Underwriting Agreement (pSivida Corp.), Underwriting Agreement (pSivida Corp.), Placement Agency Agreement (Aradigm Corp)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants and to perform and discharge its obligations hereunderhereunder and thereunder; and this Agreement has and the Warrants have been duly authorized, executed and delivered by the Company, and each constitutes a the valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its their respective terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 5 contracts

Sources: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)

Due Authorization and Enforceability. The Company has the full right, legal power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this consummate the transactions contemplated hereby. This Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 3 contracts

Sources: Purchase Agreement (Sangamo Biosciences Inc), Subscription Agreement (Sangamo Biosciences Inc), Placement Agency Agreement (Sangamo Biosciences Inc)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, and to perform and discharge its obligations hereunderhereunder and thereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity and limitations on the granting of equitable remedies.

Appears in 2 contracts

Sources: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform authorize, issue and discharge its obligations hereunder; and sell the Units as contemplated by this Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 2 contracts

Sources: Placement Agency Agreement (Rockwell Medical Technologies Inc), Underwriting Agreement (Ziopharm Oncology Inc)

Due Authorization and Enforceability. The Company has the full right, legal power and authority to enter into this Agreement and the Subscription Agreements and to perform consummate the transactions contemplated hereby and discharge its obligations hereunder; thereby. This Agreement and this Agreement has each of the Subscription Agreements have been duly authorized, executed and delivered by the Company, and constitutes a constitute valid, legal and binding obligation obligations of the Company, enforceable against the Company in accordance with its their terms, except as rights to indemnity hereunder may be limited by federal or state securities applicable laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization reorganization, moratorium or similar laws affecting the rights and remedies of creditors generally and or subject to general principles of equity.

Appears in 2 contracts

Sources: Placement Agency Agreement (Acacia Research Corp), Placement Agency Agreement (Acacia Research Corp)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity and limitations on the granting of equitable remedies.

Appears in 1 contract

Sources: Placement Agency Agreement (KMG Chemicals Inc)

Due Authorization and Enforceability. The Company has the full right, corporate power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Sources: Underwriting Agreement (Global Geophysical Services Inc)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Sources: Subscription Agreement (BPZ Resources, Inc.)

Due Authorization and Enforceability. The Company has the full right, legal power and authority to enter into this Agreement and the Subscription Agreements and to perform consummate the transactions contemplated hereby and discharge its obligations hereunder; thereby. This Agreement and this Agreement has each of the Subscription Agreements have been duly authorized, executed and delivered by the Company, and constitutes a constitute valid, legal and binding obligation obligations of the Company, enforceable against the Company in accordance with its their terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Sources: Placement Agency Agreement (Genta Inc De/)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Sources: Underwriting Agreement (Zhongpin Inc.)