Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes a legal, valid and binding obligation of it enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization and other laws of general application limiting the enforcement of creditors’ rights generally and to the fact that specific performance is an equitable remedy available only in the discretion of the court.
Appears in 3 contracts
Sources: Convertible Bond Subscription Agreement (Nouveau Monde Graphite Inc.), Investment Agreement, Share Purchase Agreement
Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by the Corporation and constitutes a legal, valid and binding obligation of it Corporation, enforceable against it Corporation in accordance with its terms, subject to applicable except as enforcement hereof may be limited by bankruptcy, insolvency, reorganization and other reorganization, moratorium or similar laws affecting the rights of general application limiting the enforcement of creditors’ rights creditors generally and except as limited by the application of equitable principles when equitable remedies are sought and subject to the fact that specific performance is an equitable remedy available only in the discretion rights of the courtindemnity and contribution may be limited by applicable law.
Appears in 3 contracts
Sources: Arrangement Agreement (Shockwave Medical, Inc.), Arrangement Agreement (Neovasc Inc), Arrangement Agreement (Clementia Pharmaceuticals Inc.)
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes a the legal, valid and binding obligation of it the Corporation enforceable against it the Corporation in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization fraudulent transfer, reorganization, moratorium and other laws of general application limiting the enforcement of Laws relating to or affecting creditors’ ' rights generally generally, and to the fact that specific performance is an equitable remedy available only in the discretion general principles of the courtequity.
Appears in 3 contracts
Sources: Loan Agreement, Investment Agreement, Investment Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes a legal, valid and binding obligation agreement of it Corporation enforceable against it in accordance with its terms, terms subject only to applicable any limitation under Law relating to bankruptcy, insolvency, reorganization and insolvency or other laws of general application limiting Law affecting the enforcement of creditors’ ' rights generally and to the fact discretion that a court may exercise in the granting of equitable remedies such as specific performance is an equitable remedy available only in the discretion of the courtand injunction.
Appears in 1 contract
Sources: Arrangement Agreement (Nordion Inc.)
Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by the Corporation Corporation, and constitutes a legal, valid and binding obligation of it the Corporation enforceable against it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (i) bankruptcy, subject to applicable bankruptcywinding-up, insolvency, reorganization and reorganization, arrangement or other laws of general application limiting Law affecting the enforcement of creditors’ rights generally and to (ii) the fact discretion that a court may exercise in the granting of extraordinary remedies such as specific performance is an equitable remedy available only in the discretion of the courtand injunction.
Appears in 1 contract
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes a legal, valid and binding obligation agreement of it the Corporation enforceable against it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (i) bankruptcy, subject to applicable bankruptcywinding-up, insolvency, reorganization and reorganization, arrangement or other laws of general application limiting Law affecting the enforcement of creditors’ rights generally and to (ii) the fact discretion that a court may exercise in the granting of extraordinary remedies such as specific performance is an equitable remedy available only in the discretion of the courtand injunction.
Appears in 1 contract
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes a legal, valid and binding obligation of it enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization and other laws of general application limiting the enforcement of creditors’ ' rights generally and to the fact that specific performance is an equitable remedy available only in the discretion of the court.
Appears in 1 contract
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and, assuming the due authorization, execution and constitutes a legaldelivery by the General Partner, valid and binding obligation on behalf of it the Purchaser, is enforceable against it the Corporation in accordance with its terms, subject to applicable the qualification that such enforceability may be limited by bankruptcy, insolvency, reorganization and or other laws Laws of general application limiting the enforcement relating to or affecting rights of creditors’ rights generally creditors and to the fact that equitable remedies, including specific performance is an equitable remedy available only in the discretion of the courtperformance, are discretionary and may not be ordered.
Appears in 1 contract
Sources: Arrangement Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes a legal, valid and binding obligation agreement of it the Corporation, enforceable against it in accordance with its termsterms subject only to (a) any limitation on enforcement under Laws relating to bankruptcy, subject to applicable bankruptcywinding-up, insolvency, reorganization and reorganization, arrangement or other laws of general application limiting Laws affecting the enforcement of creditors’ ' rights generally generally, and to (b) the fact discretion that a court may exercise in the granting of equitable remedies such as specific performance is an equitable remedy available only in the discretion of the courtand injunction.
Appears in 1 contract
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and, assuming the due authorization, execution and constitutes a legaldelivery by the Purchaser and the Parent, valid and binding obligation of it is enforceable against it the Corporation in accordance with its terms, subject to applicable the qualification that such enforceability may be limited by bankruptcy, insolvency, reorganization and or other laws Laws of general application limiting the enforcement relating to or affecting rights of creditors’ rights generally creditors and to the fact that equitable remedies, including specific performance is an equitable remedy available only in the discretion of the courtperformance, are discretionary and may not be ordered.
Appears in 1 contract
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes a the legal, valid and binding obligation of it the Corporation enforceable against it the Corporation in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization fraudulent transfer, reorganization, moratorium and other laws of general application limiting the enforcement of Laws relating to or affecting creditors’ rights generally generally, and to the fact that specific performance is an equitable remedy available only in the discretion general principles of the courtequity.
Appears in 1 contract
Sources: Investment Agreement
Execution and Binding Obligation. This Agreement has have been duly executed and delivered by the Corporation and constitutes a legal, valid and binding obligation of it and is enforceable against it in accordance with its termssubject only to any limitation under applicable laws relating to (i) bankruptcy, subject to applicable bankruptcywinding-up, insolvency, reorganization arrangement, fraudulent preference and conveyance, assignment and preference and other similar laws of general application limiting affecting creditors' rights, and (ii) the enforcement discretion that a court may exercise in the granting of creditors’ rights generally and to the fact that equitable remedies such as specific performance is an equitable remedy available only in the discretion of the courtand injunction.
Appears in 1 contract
Sources: Share Purchase Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes a legal, valid and binding obligation obligations of it the Corporation, enforceable against it the Corporation in accordance with its termsterms subject only to any limitation under Applicable Laws relating to:
(i) bankruptcy, subject to applicable bankruptcywinding-up, insolvency, reorganization arrangement and other laws of general application limiting affecting the enforcement of creditors’ rights generally rights, and to (ii) the fact discretion that a court may exercise in the granting of equitable remedies such as specific performance is an equitable remedy available only in the discretion of the courtand injunction.
Appears in 1 contract
Sources: Amalgamation Agreement