Common use of Execution and Binding Obligation Clause in Contracts

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation and constitutes a legal, valid and binding obligation of Corporation, enforceable against Corporation in accordance with its terms, except as enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors generally and except as limited by the application of equitable principles when equitable remedies are sought and subject to the fact that rights of indemnity 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 authorized, executed and delivered by the Corporation and constitutes a the legal, valid and binding obligation of Corporation, the Corporation enforceable against the Corporation in accordance with its terms, except as enforcement hereof may be limited by subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other Laws relating to or similar laws affecting the creditors' rights generally, and to general principles of creditors generally and except as limited by the application of equitable principles when equitable remedies are sought and subject to the fact that rights of indemnity and contribution may be limited by applicable lawequity.

Appears in 3 contracts

Sources: Loan Agreement, Investment Agreement, Investment Agreement

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by the Corporation and constitutes a the legal, valid and binding obligation of Corporation, the Corporation enforceable against the Corporation in accordance with its terms, except as enforcement hereof may be limited by subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other Laws relating to or similar laws affecting the creditors’ rights generally, and to general principles of creditors generally and except as limited by the application of equitable principles when equitable remedies are sought and subject to the fact that rights of indemnity and contribution may be limited by applicable lawequity.

Appears in 1 contract

Sources: Investment Agreement

Execution and Binding Obligation. This Agreement has have been duly authorized, executed and delivered by the Corporation and constitutes a legal, valid and binding obligation of Corporationand is enforceable subject only to any limitation under applicable laws relating to (i) bankruptcy, enforceable against Corporation in accordance with its terms, except as enforcement hereof may be limited by bankruptcywinding-up, insolvency, reorganizationarrangement, moratorium or fraudulent preference and conveyance, assignment and preference and other similar laws of general application affecting creditors' rights, and (ii) the rights of creditors generally and except as limited by discretion that a court may exercise in the application granting of equitable principles when equitable remedies are sought such as specific performance and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

Appears in 1 contract

Sources: Share Purchase Agreement

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation the Corporation, and constitutes a legal, valid and binding obligation obligations of the Corporation, enforceable against the Corporation in accordance with its termsterms subject only to any limitation under Applicable Laws relating to: (i) bankruptcy, except as enforcement hereof may be limited by bankruptcywinding-up, insolvency, reorganization, moratorium or similar arrangement and other laws of general application affecting the rights enforcement of creditors generally creditors’ rights, and except as limited by (ii) the application discretion that a court may exercise in the granting of equitable principles when equitable remedies are sought such as specific performance and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

Appears in 1 contract

Sources: Amalgamation Agreement

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation the Corporation, and constitutes a legal, valid and binding obligation agreement of Corporation, the Corporation enforceable against Corporation it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (a) bankruptcy, except as enforcement hereof may be limited by bankruptcywinding-up, insolvency, reorganization, moratorium arrangement or similar laws other Law affecting the enforcement of creditors' rights generally; and (b) the discretion that a court may exercise in the granting of creditors generally extraordinary remedies such as specific performance and except as limited by the application of equitable principles when equitable remedies are sought and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

Appears in 1 contract

Sources: Arrangement Agreement (Loncor Gold Inc.)

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 Corporation, it enforceable against Corporation it in accordance with its terms, except as enforcement hereof may be limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar reorganization and other laws affecting of general application limiting the enforcement of creditors' rights of creditors generally and except as limited by the application of equitable principles when equitable remedies are sought and subject to the fact that rights specific performance is an equitable remedy available only in the discretion of indemnity and contribution may be limited by applicable lawthe court.

Appears in 1 contract

Sources: Investment Agreement (Nouveau Monde Graphite Inc.)

Execution and Binding Obligation. This Agreement has been duly authorized, 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 Corporationthe Purchaser, is enforceable against the Corporation in accordance with its terms, except as enforcement hereof subject to the qualification that such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium reorganization or similar laws other Laws of general application relating to or affecting the rights of creditors generally and except as limited by the application of that equitable principles when equitable remedies remedies, including specific performance, are sought discretionary and subject to the fact that rights of indemnity and contribution may not be limited by applicable lawordered.

Appears in 1 contract

Sources: Arrangement Agreement

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation Corporation, and constitutes a legal, valid and binding obligation agreement of Corporation, Corporation enforceable against Corporation it in accordance with its terms, except as enforcement hereof may be limited by terms subject only to any limitation under Law relating to bankruptcy, insolvency, reorganization, moratorium insolvency or similar laws other Law affecting the enforcement of creditors' rights of creditors generally and except as limited by the application discretion that a court may exercise in the granting of equitable principles when equitable remedies are sought such as specific performance and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

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 and, assuming the due authorization, execution and constitutes a legaldelivery by the Purchaser and the Parent, valid and binding obligation of Corporation, is enforceable against the Corporation in accordance with its terms, except as enforcement hereof subject to the qualification that such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium reorganization or similar laws other Laws of general application relating to or affecting the rights of creditors generally and except as limited by the application of that equitable principles when equitable remedies remedies, including specific performance, are sought discretionary and subject to the fact that rights of indemnity and contribution may not be limited by applicable lawordered.

Appears in 1 contract

Sources: Arrangement Agreement (Trillium Therapeutics Inc.)

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation the Corporation, and constitutes a legal, valid and binding obligation agreement of the Corporation, enforceable against Corporation it in accordance with its termsterms subject only to (a) any limitation on enforcement under Laws relating to bankruptcy, except as enforcement hereof may be limited by bankruptcywinding-up, insolvency, reorganization, moratorium arrangement or similar laws other Laws affecting the enforcement of creditors' rights of creditors generally generally, and except as limited by (b) the application discretion that a court may exercise in the granting of equitable principles when equitable remedies are sought such as specific performance and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

Appears in 1 contract

Sources: Arrangement Agreement (POINTS.COM Inc.)

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation the Corporation, and constitutes a legal, valid and binding obligation agreement of Corporation, the Corporation enforceable against Corporation it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (i) bankruptcy, except as enforcement hereof may be limited by bankruptcywinding-up, insolvency, reorganization, moratorium arrangement or similar laws other Law affecting the enforcement of creditors’ rights of creditors generally and except (ii) the discretion that a court may exercise in the granting of extraordinary remedies such as limited by the application of equitable principles when equitable remedies are sought specific performance and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

Appears in 1 contract

Sources: Arrangement Agreement (Viavi Solutions Inc.)

Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Corporation the Corporation, and constitutes a legal, valid and binding obligation of Corporation, the Corporation enforceable against Corporation it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (i) bankruptcy, except as enforcement hereof may be limited by bankruptcywinding-up, insolvency, reorganization, moratorium arrangement or similar laws other Law affecting the enforcement of creditors’ rights of creditors generally and except (ii) the discretion that a court may exercise in the granting of extraordinary remedies such as limited by the application of equitable principles when equitable remedies are sought specific performance and subject to the fact that rights of indemnity and contribution may be limited by applicable lawinjunction.

Appears in 1 contract

Sources: Arrangement Agreement (Haemonetics Corp)