Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 171 contracts
Sources: Employment Agreement (Adial Pharmaceuticals, Inc.), Indemnification Agreement (CCS IX Portfolio Holdings, LLC), Indemnification Agreement (CCS IX Portfolio Holdings, LLC)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generally.
Appears in 56 contracts
Sources: Indemnification Agreement, Indemnification Agreement (Albany Molecular Research Inc), Indemnification Agreement (GrowGeneration Corp.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, their respective terms except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally, or (b) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 51 contracts
Sources: Subscription Agreement, Subscription Agreement, Subscription Agreement
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or general equitable principles, and to the extent limited by applicable federal or state securities laws.
Appears in 29 contracts
Sources: Indemnification Agreement (Digital Realty Trust, L.P.), Indemnification Agreement (Hospitality Investors Trust, Inc.), Securities Purchase Agreement (American Realty Capital Hospitality Trust, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement is a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 28 contracts
Sources: Indemnification Agreement (Accelerant Holdings), Indemnification Agreement (Heidrick & Struggles International Inc), Indemnification Agreement (Pultegroup Inc/Mi/)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 27 contracts
Sources: Backstop Commitment Agreement (SREP III Flight - Investco, L.P.), Backstop Commitment Agreement (Condor Hospitality Trust, Inc.), Backstop Commitment Agreement (Condor Hospitality Trust, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by equitable principles and applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 21 contracts
Sources: Indemnification Agreement (Vistra Corp.), Director and Officer Indemnification Agreement (EVERTEC, Inc.), Director and Officer Indemnification Agreement (Napco Security Technologies, Inc)
Enforceability. This AgreementAssuming this Agreement has been duly and validly authorized, when executed and delivered by the parties hereto and thereto other than the Company, this Agreement is duly authorized, executed and delivered by the Company in accordance with constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be enforcement is limited by applicable general equitable principles, or by bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ creditors rights generally.
Appears in 20 contracts
Sources: Note Purchase Agreement (IR-Med, Inc.), Subscription Agreement (Zivo Bioscience, Inc.), Subscription Agreement (Zivo Bioscience, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or equitable principles.
Appears in 18 contracts
Sources: Director and Officer Indemnification Agreement (OSR Holdings, Inc.), Director and Officer Indemnification Agreement (Bellevue Life Sciences Acquisition Corp.), Indemnification Agreement (Acuren Corp)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generallygenerally or general equitable principles, and to the extent limited by applicable federal or state securities laws.
Appears in 17 contracts
Sources: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc)
Enforceability. This AgreementAgreement is and, when executed upon issuance and delivered by the Company delivery thereof in accordance with this Agreement, each Note will be the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 15 contracts
Sources: Credit Agreement (Stanley Black & Decker, Inc.), 364 Day Credit Agreement (Stanley Black & Decker, Inc.), 364 Day Credit Agreement (Stanley Black & Decker, Inc.)
Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company it in accordance with its respective terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, moratorium, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generallyright and to the availability of the remedy of specific performance.
Appears in 14 contracts
Sources: Loan Agreement (VIASPACE Inc.), Loan Agreement (VIASPACE Inc.), Loan Agreement (VIASPACE Inc.)
Enforceability. This Agreement, when this Agreement has been duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except subject as such to enforceability may be limited by applicable to general principles of equity and to bankruptcy, insolvency, moratorium, reorganization or and other similar laws affecting the enforcement of creditors’ rights generally.;
Appears in 8 contracts
Sources: Subscription Agreement (Zoro Mining Corp.), Private Placement Subscription Agreement (Pulse Beverage Corp), Private Placement Subscription Agreement (Pulse Beverage Corp)
Enforceability. This Agreement, when executed and delivered by -------------- the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generally.
Appears in 8 contracts
Sources: Director Indemnification Agreement (C Quential Inc), Indemnification Agreement (Albany Molecular Research Inc), Executive Employment Agreement (Wyndham International Inc)
Enforceability. This Agreement, when executed and delivered by the such Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 8 contracts
Sources: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and, assuming that this Agreement constitutes the provisions hereof, shall be a legal, valid and binding obligation of Shareholder, constitutes the legal, valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or fraudulent conveyance and other similar laws of general application affecting the enforcement of creditors’ rights generally.
Appears in 8 contracts
Sources: Exchange Agreement (Liberated Solutions, Inc.), Restructuring, Settlement and Mutual General Release Agreement (Ngen Technologies Holdings Corp.), Stock Redemption Agreement (Ngen Technologies Holdings Corp.)
Enforceability. This Agreement, when executed and delivered by Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 7 contracts
Sources: Standstill and Forbearance Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (Legend Oil & Gas, Ltd.), Standstill and Forbearance Agreement (Oxis International Inc)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 6 contracts
Sources: Indemnification Agreement (Pacira BioSciences, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.)
Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by each of the Company in accordance with Companies and constitutes the provisions hereof, shall be a legal, valid and legally binding obligation of each of the Company, Companies enforceable against the Company in accordance with its terms, except as such enforceability may be limited by subject to any applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, reorganization or and similar laws of general applicability relating to or affecting the enforcement of creditors’ rights generallygenerally and general equity principles.
Appears in 6 contracts
Sources: Convertible and Subordinated Loan Agreement, Convertible and Subordinated Loan Agreement (Ternium S.A.), Convertible and Subordinated Loan Agreement (Ternium S.A.)
Enforceability. This Agreement, when executed and delivered Agreement has been duly authorized by the Company in accordance with and, upon the provisions hereofconsummation of the transactions contemplated by this Agreement, shall be a constitute the legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its termsthe terms of this Agreement, except as such enforceability may be limited by applicable bankruptcy, fraudulent conveyance, insolvency, reorganization, transfer, moratorium, reorganization and other laws relating to or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Appears in 6 contracts
Sources: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Securities Subscription Agreement (5E Advanced Materials, Inc.)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding agreement and obligation of the Company, Company enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by applicable terms subject to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws now or hereafter in effect generally relating to or affecting the enforcement of creditors’ rights generallyrights.
Appears in 5 contracts
Sources: Stock Purchase Agreement (BPZ Energy Inc), Stock Purchase Agreement (BPZ Energy Inc), Stock Purchase Agreement (BPZ Energy Inc)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally..
Appears in 5 contracts
Sources: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)
Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by the Company in accordance with the provisions hereof, shall be and it is a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting the enforcement of limiting creditors’ rights generallygenerally or by equitable principles relating to enforceability.
Appears in 5 contracts
Sources: Recapitalization Support Agreement, Interest Deferral Agreement, Indenture
Enforceability. This Agreement, when Agreement and the Note have been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its respective terms, except in each case as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 5 contracts
Sources: Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.)
Enforceability. This Agreement, when executed and delivered by the -------------- Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generally.
Appears in 5 contracts
Sources: Director Indemnification Agreement (Ipg Photonics Corp), Indemnification Agreement (Boron Lepore & Associates Inc), Director Indemnification Agreement (Be Free Inc)
Enforceability. This Agreement, when duly executed and delivered by on behalf of the Company in accordance with the provisions hereofCompany, shall will be a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratoriumfraudulent transfer, reorganization or reorganization, moratorium and similar laws of general applicability relating to or affecting the creditors' rights generally and to general principles of equity regardless of whether enforcement is sought in a court of creditors’ rights generallylaw or equity.
Appears in 5 contracts
Sources: Subscription Agreement (UHF Inc), Subscription Agreement (UHF Inc), Subscription Agreement (Nissen Holdings & Co Ltd.)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.
Appears in 4 contracts
Sources: Common Stock Purchase Agreement (Paid Inc), Common Stock Purchase Agreement (World Energy Solutions, Inc.), Unit Purchase Agreement (Meadow Valley Corp)
Enforceability. This AgreementAgreement and each other Transaction Document will be, when executed and delivered by the Company in accordance with the provisions hereofexecuted, shall be a legal, valid and binding obligation of and enforceable against the Company, enforceable against the Company in accordance with its terms, except as where such enforceability may be limited by (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and (ii) laws relating to the availability of specific performance or injunctive relief.
Appears in 4 contracts
Sources: Share Purchase Agreement (iQIYI, Inc.), Share Purchase Agreement (iQIYI, Inc.), Note Purchase Agreement (iQIYI, Inc.)
Enforceability. This Agreement, when executed Agreement and delivered by the Company in accordance with Note and the provisions hereof, shall be a legal, transactions contemplated hereby and thereby constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its their respective terms, except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar and other laws of general application affecting the enforcement of creditors’ rights generally, or (b) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Sub-Urban Brands, Inc.), Securities Purchase Agreement (Sub-Urban Brands, Inc.), Securities Purchase Agreement (Sub-Urban Brands, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company Corporation in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the CompanyCorporation, enforceable against the Company Corporation in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 4 contracts
Sources: Indemnification Agreement (Lifetime Brands, Inc), Indemnification Agreement (Proteostasis Therapeutics, Inc.), Indemnification Agreement (Sba Communications Corp)
Enforceability. This Agreement, when executed and delivered by Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company Company, in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization fraudulent conveyance or similar laws affecting other Laws relating to the enforcement of creditors’ ' rights generallygenerally and general principles of equity (regardless of whether enforcement is sought at equity or Law).
Appears in 4 contracts
Sources: Customer Investment Agreement (Lemonade, Inc.), Customer Investment Agreement (Lemonade, Inc.), Customer Investment Agreement (Lemonade, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, Agreement constitutes valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar and other laws of general application affecting the enforcement of creditors’ rights generallygenerally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 4 contracts
Sources: Bridge Loan Agreement (Cellular Biomedicine Group, Inc.), Bridge Loan Agreement (Cellular Biomedicine Group, Inc.), Bridge Loan Agreement (Cellular Biomedicine Group, Inc.)
Enforceability. This AgreementAgreement is, and each Note when delivered by the Company hereunder will be, duly executed and delivered by the Company in accordance with and does or will constitute the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, their respective terms except as such enforceability may be limited by applicable general principles of equity and bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generallygenerally and by moratorium laws from time to time in effect.
Appears in 4 contracts
Sources: Credit Agreement (Amerada Hess Corp), Credit Agreement (Amerada Hess Corp), Credit Agreement (Amerada Hess Corp)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsterms to the fullest extent permitted by law, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generally.
Appears in 4 contracts
Sources: Indemnification Agreement (Thomas & Betts Corp), Indemnification Agreement (Thomas & Betts Corp), Executive Officer Indemnification Agreement (Susa Partnership Lp)
Enforceability. This AgreementAssuming this Agreement has been duly and validly authorized, when executed and delivered by the parties hereto and thereto other than the Company, this Agreement as duly authorized, executed and delivered by the Company in accordance with constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be enforcement is limited by applicable general equitable principles, or by bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ creditors rights generally.
Appears in 4 contracts
Sources: Subscription Agreement (Biotricity Inc.), Subscription Agreement (Biotricity Inc.), Subscription Agreement (Biotricity Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be will constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 3 contracts
Sources: Stock Purchase Agreement (GoodRx Holdings, Inc.), Common Stock Purchase Agreement (EverCommerce Inc.), Stock Purchase Agreement (SMART Global Holdings, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 3 contracts
Sources: Indemnification Agreement (Markwest Hydrocarbon Inc), Indemnification Agreement (Peoples Energy Corp), Indemnification Agreement (optionsXpress Holdings, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be will constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar other laws of general applicability affecting the enforcement rights and remedies of creditors’ rights generallycreditors and subject to the availability of the remedy of specific performance or injunctive relief or other equitable remedies being subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 3 contracts
Sources: Subscription Agreement, Subscription Agreement, Subscription Agreement
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by the Companies Law, the Articles, equitable principles, applicable bankruptcy, désastre, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 3 contracts
Sources: Director Indemnification Agreement (Mimecast LTD), Officer Indemnification Agreement (Mimecast LTD), Director Indemnification Agreement (Mimecast LTD)
Enforceability. This Agreement, when Each of this Agreement and the Warrants has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ ' rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Good Guys Inc), Stock and Warrant Purchase Agreement (Good Guys Inc), Stock Purchase Agreement (Good Guys Inc)
Enforceability. This Agreement, when The company has duly executed and delivered this agreement and (subject to its execution by the Company in accordance with the provisions hereof, shall be Consultant) it constitutes a legal, valid and binding obligation agreement of the Company, Company enforceable against the Company in accordance with its termsterms against Company, except as such enforceability may be limited by applicable principles of public policy, and subject to laws of general application relating to bankruptcy, insolvencyinsolvency and the relief of debtors and rules of law governing specific performance, moratorium, reorganization injunctive relief or similar laws affecting the enforcement of creditors’ rights generallyother equitable remedies.
Appears in 3 contracts
Sources: Consulting Agreement (Nationsrx Inc), Consulting Services Agreement (Nationsrx Inc), Consulting Agreement (Nationsrx Inc)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws affecting the enforcement of creditors’ ' rights generally, or by general equity principles, including but not limited to principles governing the availability of the remedies of specific performance and injunctive relief.
Appears in 3 contracts
Sources: Common Stock and Preferred Stock Purchase Agreement (Wellsford Real Properties Inc), Merger Agreement (Equity Residential Properties Trust), Merger Agreement (Equity Residential Properties Trust)
Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratorium, reorganization insolvency or other similar laws of general application affecting the enforcement of creditors’ rights generally(except as specified in Section 3.03 below) and general principles of equity.
Appears in 3 contracts
Sources: Stock Repurchase Agreement (Ocwen Financial Corp), Stock Repurchase Agreement (Ocwen Financial Corp), Stock Repurchase Agreement (Ocwen Financial Corp)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be a and constitutes legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar laws affecting creditors' rights generally or the enforcement availability of creditors’ rights generallyequitable remedies, or except as to the enforceability of indemnification under the 33 Act.
Appears in 3 contracts
Sources: Registration Rights Agreement (Kisses From Italy, Inc.), Registration Rights Agreement (Cannapharmarx, Inc.), Registration Rights Agreement (Sytron Inc)
Enforceability. This Agreement, when executed and delivered by the Company Corporation in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the CompanyCorporation, enforceable against the Company Corporation in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or equitable principles.
Appears in 3 contracts
Sources: Indemnification Agreement (American Outdoor Brands, Inc.), Indemnification Agreement (American Outdoor Brands, Inc.), Indemnification Agreement (American Outdoor Brands, Inc.)
Enforceability. This Agreement, when executed and delivered Agreement has been duly authorized by the Company in accordance with and, upon the provisions hereofconsummation of the transactions contemplated by this Agreement, shall be a constitute the legal, valid valid, and binding obligation obligations of the Company, enforceable against the Company in accordance with its termsthe terms of this Agreement, except as such enforceability may be limited by applicable bankruptcy, fraudulent conveyance, insolvency, reorganization, transfer, moratorium, reorganization and other laws relating to or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Appears in 3 contracts
Sources: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Restructuring Support Agreement (5E Advanced Materials, Inc.)
Enforceability. This Agreement, Agreement when duly executed and delivered by the Company in accordance with the provisions hereof, shall will be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by equitable principles or by applicable bankruptcy, insolvency, moratorium, reorganization moratorium or similar laws affecting the enforcement of creditors’ ' rights generally.
Appears in 3 contracts
Sources: Uncommitted Stand by Letter of Credit and Reimbursement Agreement (General Public Utilities Corp /Pa/), Uncommitted Stand by Letter of Credit and Reimbursement Agreement (General Public Utilities Corp /Pa/), Uncommitted Stand by Letter of Credit and Reimbursement Agreement (General Public Utilities Corp /Pa/)
Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with the provisions hereofCompany, shall be and assuming due authorization, execution and delivery by each of Parent and Merger Sub, this Agreement constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except insofar as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws Law affecting the enforcement of creditors’ rights generally, or by principles governing the availability of equitable remedies (the “Enforceability Limitations”).
Appears in 3 contracts
Sources: Merger Agreement (Thoughtworks Holding, Inc.), Merger Agreement (Tessco Technologies Inc), Merger Agreement (Castlight Health, Inc.)
Enforceability. This AgreementAgreement has been, when or will be, duly executed and delivered by the Company in accordance with the provisions hereofand constitutes, shall be or will constitute, a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 3 contracts
Sources: Subscription Agreement, Common Stock Subscription Agreement (Loop Industries, Inc.), Common Stock Subscription Agreement (Loop Industries, Inc.)
Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its termsthe terms and conditions hereof, except as such any enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally or by general equitable principles (whether sought in equity or at law).
Appears in 3 contracts
Sources: Subscription, Voting and Redemption Agreement (Exela Technologies, Inc.), Subscription, Voting and Redemption Agreement (Exela Technologies, Inc.), Subscription, Voting and Redemption Agreement (Exela Technologies, Inc.)
Enforceability. This AgreementAgreement is, and each other Transaction Document will when executed and delivered by the Company in accordance with the provisions hereofbe, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its their respective terms, except as where such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 3 contracts
Sources: Share Subscription Agreement, Share Subscription Agreement (WuXi PharmaTech (Cayman) Inc.), Note Purchase Agreement (WuXi PharmaTech (Cayman) Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company and its successors in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ ' rights generally.
Appears in 3 contracts
Sources: Indemnification Agreement (Rogers Corp), Indemnification Agreement (Rogers Corp), Indemnification Agreement (First Years Inc)
Enforceability. This AgreementAssuming due authorization, when executed execution and delivered delivery hereof by the Company in accordance with the provisions hereofother parties hereto, shall be this Agreement constitutes a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting subject to the enforcement of creditors’ rights generallyEnforceability Exceptions.
Appears in 3 contracts
Sources: Merger Agreement (Qumu Corp), Merger Agreement (Dover Motorsports Inc), Merger Agreement (Papa Murphy's Holdings, Inc.)
Enforceability. This AgreementAgreement is a valid, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).
Appears in 2 contracts
Sources: Multi Draw Credit Agreement (Emerald Bioscience, Inc.), Multi Draw Credit Agreement (Nemus Bioscience, Inc.)
Enforceability. This Agreement, when executed and delivered by Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar fraudulent conveyance and other laws of general application affecting the enforcement of creditors’ rights generallygenerally and (b) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 2 contracts
Sources: Stock Repurchase Agreement (WisdomTree, Inc.), Stock Repurchase Agreement (WisdomTree, Inc.)
Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with the provisions hereof, shall be and is a legal, valid and legally binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except subject, as such enforceability may be limited by applicable to enforcement, to bankruptcy, insolvency, moratorium, reorganization or similar insolvency and other laws affecting the enforcement of creditors’ rights generally.generally and to general principles of equity; and
Appears in 2 contracts
Sources: Share Redemption Agreement (Canada Goose Holdings Inc.), Share Redemption Agreement (Canada Goose Holdings Inc.)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be a and constitutes its legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ ' rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.
Appears in 2 contracts
Sources: Preferred Stock Purchase Agreement (Richmont Marketing Specialists Inc), Preferred Stock Purchase Agreement (Marketing Specialists Corp)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Lyon William H), Stock Purchase Agreement (William Lyon Homes)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratoriumfraudulent transfer and conveyance, reorganization or reorganization, moratorium and similar laws Laws of general applicability affecting creditors rights and general principles of equity (the enforcement of creditors’ rights generally“Bankruptcy and Equity Exceptions”).
Appears in 2 contracts
Sources: Merger Agreement (Steel Partners Holdings L.P.), Merger Agreement (Steel Connect, Inc.)
Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws affecting creditors' rights generally or by limitations on the enforcement availability of creditors’ rights generallyequitable remedies.
Appears in 2 contracts
Sources: Convertible Note Conversion Agreement (Equicap Inc), Debenture Conversion Agreement (Intrac Inc)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company and its successors in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 2 contracts
Sources: Indemnification Agreement (Rogers Corp), Indemnification Agreement (Rogers Corp)
Enforceability. This Agreement, Agreement when executed and delivered by the Company in accordance with will constitute the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ ' rights generallygenerally and general equitable principles, regardless of whether enforcement is considered in a proceeding at law or in equity.
Appears in 2 contracts
Sources: Confidential Subscription Agreement, Confidential Subscription Agreement
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to (i) the effects of bankruptcy, insolvency, moratoriumfraudulent conveyance, reorganization reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and (ii) general equitable principles (whether considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Support Agreement (Icahn Enterprises L.P.), Support Agreement (Dynegy Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by equitable principles or applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 2 contracts
Sources: Indemnification Agreement (Aspen Insurance Holdings LTD), Indemnification Agreement (Aspen Insurance Holdings LTD)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with Company. This Agreement constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by subject to the effect of (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws affecting the enforcement now or hereafter in effect relating to rights of creditors’ rights generallycreditors generally and (ii) rules of law and equity governing specific performance, injunctive relief and other equitable remedies.
Appears in 2 contracts
Sources: Merger Agreement (Force10 Networks Inc), Merger Agreement (Carrier Access Corp)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be a and constitutes its legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Sunair Services Corp), Asset Purchase Agreement (Sunair Services Corp)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by an authorized officer of the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization bankruptcy laws or similar laws affecting the enforcement by general principles of creditors’ rights generallyequity (whether considered in a proceeding in equity or at law).
Appears in 2 contracts
Sources: Working Interest Agreement (Vivakor, Inc.), Working Interest Agreement (Vivakor, Inc.)
Enforceability. This Agreement, when Agreement and each Warrant between the Company and the Purchasers has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Disaboom, Inc.), Securities Purchase Agreement (Disaboom, Inc.)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and is the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsthe terms hereof, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ rights generally.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Guardian Life Insurance Co of America), Securities Purchase Agreement (Kennedy-Wilson Holdings, Inc.)
Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its respective terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, moratorium, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generallyright and to the availability of the remedy of specific performance.
Appears in 2 contracts
Sources: Note and Warrant Purchase Agreement (Eugene Science), Note and Warrant Purchase Agreement (Eugene Science)
Enforceability. This Agreement, when executed and delivered by the Company Corporation in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the CompanyCorporation, enforceable against the Company Corporation in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or general equitable principles, and to the extent limited by applicable federal or state securities laws.
Appears in 2 contracts
Sources: Indemnification Agreement (LogMeIn, Inc.), Indemnification Agreement (LogMeIn, Inc.)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and legally binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by subject to (i) applicable bankruptcy, insolvency, fraudulent transfer, moratorium, reorganization or other similar laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and (ii) general principles of equity.
Appears in 2 contracts
Sources: Conversion Agreement (Ener1 Inc), Conversion Agreement (Ener1 Inc)
Enforceability. This Agreement, when Agreement has been duly and validly -------------- executed and delivered by Company, constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement rights of creditors’ rights generallycreditors generally and legal and equitable limitations on the availability of specific remedies.
Appears in 2 contracts
Sources: Restructuring Agreement (Teletouch Communications Inc), Restructuring Agreement (Teletouch Communications Inc)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement constitutes a legal, legally valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws Laws affecting the enforcement of creditors’ ' rights generallygenerally and (ii) general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law) and judicial discretion.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Eriksen Rochelle K.), Merger Agreement (Medsolutions Inc)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, their respective terms except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally; or (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 2 contracts
Sources: Subscription Agreement, Subscription Agreement
Enforceability. This Agreement, when this Agreement has been duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except subject as such to enforceability may be limited by applicable to general principles of equity and to bankruptcy, insolvency, moratorium, reorganization or and other similar laws affecting the enforcement of creditors’ ' rights generally.;
Appears in 2 contracts
Sources: Private Placement Subscription Agreement (Power Air Corp), Subscription Agreement (I-Level Media Group Inc)
Enforceability. This AgreementAgreement constitutes, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the enforcement hereof or thereof may be limited by applicable insolvency, bankruptcy, insolvencyreorganization, moratorium, reorganization moratorium or other similar laws Applicable Laws affecting the enforcement creditors rights generally or general principles of creditors’ rights generallyequity.
Appears in 2 contracts
Sources: Redemption Agreement (United Homes Group, Inc.), Redemption Agreement (Conversant Capital LLC)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement constitutes a legal, valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws of general application affecting the enforcement of creditors’ rights generallygenerally and by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies and general principles of equity.
Appears in 2 contracts
Sources: Convertible Loan Agreement (Gauzy Ltd.), Convertible Loan Agreement (Gauzy Ltd.)
Enforceability. This AgreementAgreement and each other Transaction Document constitutes or, when executed and delivered by upon execution, will constitute the Company in accordance with the provisions hereofvalid, shall be a legal, valid legal and binding obligation obligations of the Company, enforceable against the Company in accordance with its their respective terms, except as such enforceability may be limited by subject to any applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of Laws now or hereafter in effect relating to creditors’ rights generallygenerally or to general principles of equity (the “Bankruptcy and Equity Exception”).
Appears in 2 contracts
Sources: Stock Purchase Agreement (Liberated Syndication Inc.), Stock Purchase Agreement (Liberated Syndication Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, legally valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws law affecting the enforcement of creditors’ rights generallygenerally or by general principles of equity.
Appears in 2 contracts
Sources: Indemnification Agreement (Accuride Corp), Indemnification Agreement (Accuride Corp)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsterms to the fullest extent permitted by law, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 2 contracts
Sources: Indemnification Agreement (Mid-America Apartments, L.P.), Indemnification Agreement (Thomas & Betts Corp)
Enforceability. This AgreementAgreement has been duly and validly authorized, when executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 2 contracts
Sources: Warrant Repurchase Agreement, Warrant Repurchase Agreement (Delcath Systems, Inc.)
Enforceability. This Agreement, when The Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, securities, insolvency, moratorium, reorganization or similar laws relating to, or affecting generally the enforcement of of, creditors’ rights generallyand remedies, or indemnification or by other equitable principles of general application.
Appears in 2 contracts
Sources: Funding Agreement (MEI Pharma, Inc.), Funding Agreement (Infinity Pharmaceuticals, Inc.)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be constitute a legal, valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, terms except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally, or (b) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 2 contracts
Sources: Subscription Agreement, Subscription Agreement
Enforceability. This Letter Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 2 contracts
Sources: Indemnity Agreement (Golden Queen Mining Co LTD), Indemnity Agreement (Golden Queen Mining Co LTD)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar laws fraudulent conveyance, and any other Laws of general application affecting the enforcement of creditors’ rights generally, and as limited by Laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.
Appears in 2 contracts
Sources: Share Purchase Agreement (Mercurity Fintech Holding Inc.), Share Purchase Agreement (Su Tuo)
Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such to the extent that enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar and other laws affecting the enforcement of creditors’ ' rights generallygenerally and by general principles of equity.
Appears in 2 contracts
Sources: Roll Over Agreement (Physicians Specialty Corp), Roll Over Agreement (Physicians Specialty Corp)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratoriumfraudulent conveyance, reorganization reorganization, moratorium or similar other laws affecting the enforcement of creditors’ ' rights generallygenerally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).
Appears in 1 contract
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, Agreement shall be constitute a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or receivership and similar laws affecting from time to time in effect and by the enforcement terms of creditors’ rights generallythe Receivership Orders.
Appears in 1 contract
Sources: Administrative Services Agreement (Inspire Insurance Solutions Inc)
Enforceability. This AgreementAgreement is, when executed and delivered by each other Transaction Document to which the Company in accordance with the provisions hereof, shall is a party when delivered will be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar laws affecting the enforcement of creditors’ creditor’s rights generallygenerally and by general principles of equity.
Appears in 1 contract
Enforceability. This Agreement, when executed Upon the due execution and delivered delivery by the Company in accordance with the provisions hereofParties, shall this Agreement will be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generally.
Appears in 1 contract
Sources: Member Asset Contribution Agreement (TRxADE HEALTH, INC)
Enforceability. This Agreement, when executed and delivered by Agreement is the Company in accordance with the provisions hereof, shall be a legal, legally valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except subject, as such enforceability may be limited by applicable to enforcement of remedies, to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally or general equitable principles.
Appears in 1 contract
Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization or similar moratorium and other laws affecting the enforcement of creditors’ rights generally.
Appears in 1 contract
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws Laws affecting the enforcement of creditors’ ' rights generallygenerally and (ii) general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law).
Appears in 1 contract
Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its their terms, except as such (i) the enforceability hereof or thereof may be limited by applicable bankruptcy, insolvency, moratorium, reorganization moratorium or other similar laws affecting the enforcement of creditors’ ' rights generallygenerally and (ii) the availability of equitable remedies may be limited to equitable principles of general applicability.
Appears in 1 contract
Sources: Contribution Agreement (National Beef Packing Co LLC)
Enforceability. This Agreement, when Agreement and each Note executed by the Company has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its respective terms, except in each case as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.
Appears in 1 contract
Sources: Credit Agreement (Amyris, Inc.)
Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereofsuch Company. This Agreement is valid, shall be a legal, valid legal and binding obligation obligations of the such Company, enforceable against the such Company in accordance with its terms, except as such enforceability may be limited by subject to the effect of (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws affecting the enforcement now or hereafter in effect relating to rights of creditors’ rights generallycreditors generally and (ii) rules of law and equity governing specific performance, injunctive relief and other equitable remedies.
Appears in 1 contract
Enforceability. This Agreement, when executed and delivered by Agreement is the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except subject, as such enforceability may be limited by applicable to enforcement of remedies, to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar other laws affecting the enforcement of creditors’ rights generallygenerally or general equitable principles.
Appears in 1 contract
Enforceability. This AgreementAgreement constitutes (and any Note, as and when duly executed and delivered by the Company in accordance with the provisions hereofCompany, shall be will constitute) a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsterms (subject, except as such enforceability may be limited by to the enforcement of remedies, to applicable bankruptcy, reorganization, insolvency, moratorium, reorganization or moratorium and similar laws affecting the enforcement of creditors’ ' rights generally).
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Providian Corp)
Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, their respective terms except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally., or
Appears in 1 contract
Sources: Subscription Agreement