Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 26 contracts
Sources: Underwriting Agreement (Peregrine Pharmaceuticals Inc), At Market Issuance Sales Agreement (YRC Worldwide Inc.), At Market Issuance Sales Agreement (Peregrine Pharmaceuticals Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 15 contracts
Sources: Sales Agreement (Xos, Inc.), Placement Agent Agreement (Satellogic Inc.), Sales Agreement (Satellogic Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 13 contracts
Sources: Sales Agreement (Stereotaxis, Inc.), Sales Agreement (Vivos Therapeutics, Inc.), Sales Agreement (SemiLEDs Corp)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 10 contracts
Sources: Sales Agreement (Shale Hunter, LLC), Sales Agreement (Magnum Hunter Resources Corp), Atm Sales Agreement (Magnum Hunter Resources Corp)
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are are, except as would not have a Material Adverse Effect, legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effectthereof.
Appears in 9 contracts
Sources: Sales Agreement (NightHawk Biosciences, Inc.), At Market Issuance Sales Agreement (Synthetic Biologics, Inc.), At Market Issuance Sales Agreement (Heat Biologics, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Equity Distribution Agreement (Oncolytics Biotech Inc), Equity Distribution Agreement (Quipt Home Medical Corp.), Equity Distribution Agreement (Oncolytics Biotech Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Equity Distribution Agreement (Mohawk Group Holdings, Inc.), Equity Distribution Agreement (Arcimoto Inc), Equity Distribution Agreement (Inseego Corp.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Equity Distribution Agreement (PowerFleet, Inc.), Equity Distribution Agreement (GenMark Diagnostics, Inc.), Equity Distribution Agreement (GenMark Diagnostics, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Sales Agreement (Creative Realities, Inc.), Sales Agreement (Acer Therapeutics Inc.), Sales Agreement (Acer Therapeutics Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Underwriting Agreement (Theratechnologies Inc.), Sales Agreement (Theratechnologies Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for (iii) any unenforceability thatunenforceability, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Capital on Demand Sales Agreement (ARCA Biopharma, Inc.), Capital on Demand Sales Agreement (ARCA Biopharma, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Registration Statement and the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp), At Market Issuance Sales Agreement (Anworth Mortgage Asset Corp)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws Laws or public policy considerations in respect thereof and thereof, except for any unenforceability thatthat would not, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Underwriting Agreement (AIRO Group Holdings, Inc.), Underwriting Agreement (AIRO Group Holdings, Inc.)
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Equity Distribution Agreement (Repros Therapeutics Inc.), Equity Distribution Agreement (Repros Therapeutics Inc.)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ ' rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Sales Agreement (Top Tankers Inc.), Sales Agreement (DryShips Inc.)
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for thereof, or (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Sales Agreement (Stereotaxis, Inc.), Sales Agreement (Stereotaxis, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Sales Agreement (Aurinia Pharmaceuticals Inc.), Sales Agreement (Aurinia Pharmaceuticals Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except (i) to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws affecting creditors’ rights generally and by general equitable principles and (ii) to the extent that the indemnification provisions of certain agreements may be limited be by federal or state securities laws Laws or public policy considerations in respect thereof thereof; and except (iii) for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Underwriting Agreement (Ur-Energy Inc), Underwriting Agreement (Ur-Energy Inc)
Enforceability of Agreements. To the knowledge Knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Capital on Demand Sales Agreement (OVERSTOCK.COM, Inc), Capital on Demand Sales Agreement (OVERSTOCK.COM, Inc)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable terms that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Sales Agreement (Compugen LTD), Sales Agreement (Compugen LTD)
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for (iii) any unenforceability thatenforceability would, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Registration Statement, Disclosure Package and the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Underwriting Agreement (Anworth Mortgage Asset Corp)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ ' rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability enforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Sales Agreement (SEALSQ Corp)
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles principles, and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Sales Agreement (VerifyMe, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statements and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ ' rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal by federal, state, provincial or state foreign securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Standby Equity Underwriting Agreement (OVERSTOCK.COM, Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Sales Agreement (Biotime Inc)
Enforceability of Agreements. To the knowledge of the Company, all material agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All current agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal by federal, state or state provincial securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles; (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof; or (iii) the unenforceability of any such agreements or provisions thereof and except for any unenforceability thatwould not, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Sales Agreement (Elutia Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract