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 the Purchase Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Agreements 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 and limitations on the granting of equitable remedies.

Appears in 2 contracts

Sources: Placement Agency Agreement, Placement Agency Agreement (NXT-Id, Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Purchase Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Subscription Agreements 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 and limitations on the granting of equitable remedies.

Appears in 2 contracts

Sources: Placement Agency Agreement (Dakota Plains Holdings, Inc.), Placement Agency Agreement (Northern Oil & Gas, Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, the Subscription Agreements, and the Purchase Agreements, Warrants and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Agreements has 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 and limitations on the granting of equitable remediesequity.

Appears in 2 contracts

Sources: Placement Agency Agreement (Delcath Systems, Inc.), Placement Agency Agreement (Delcath Systems, Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Purchase Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Subscription Agreements 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 and limitations on the granting of equitable remediesequity.

Appears in 1 contract

Sources: Placement Agency Agreement (Headwaters Inc)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Purchase AgreementsAgreement, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Agreements 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 and limitations on the granting of equitable remedies.

Appears in 1 contract

Sources: Placement Agency Agreement (Accelerize Inc.)

Due Authorization and Enforceability. The Company has the full right, corporate power and authority to enter into this Agreement Agreement, and the Purchase AgreementsSubscription Agreement, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Agreements Subscription 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 and limitations on the granting of equitable remedies(whether applied in equity or in law).

Appears in 1 contract

Sources: Placement Agency Agreement (Hanmi Financial Corp)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, the Subscription Agreements and the Purchase AgreementsWarrants, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Subscription Agreements 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 and limitations on the granting of equitable remediesequity.

Appears in 1 contract

Sources: Placement Agency Agreement (Hudson Technologies Inc /Ny)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Purchase AgreementsSubscription Agreements and the Warrants, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Subscription Agreements 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 public policy and applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity and limitations on the granting of equitable remediesequity.

Appears in 1 contract

Sources: Placement Agency Agreement (American Dg Energy Inc)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and each of the Purchase Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Purchase Agreements each Subscription 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 and limitations on the granting of equitable remediesequity.

Appears in 1 contract

Sources: Placement Agency Agreement (Delcath Systems Inc)