Execution and Delivery; Enforceability. This Agreement has been duly and validly executed and delivered by the Company, and, upon the entry of the Agreement Order and the expiration, or waiver by the Bankruptcy Court, of any applicable waiting period set forth in the Bankruptcy Rules, this Agreement will constitute the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms.
Appears in 8 contracts
Sources: Registration Rights Agreement (Owens Corning (Reorganized) Inc.), Registration Rights Agreement (Solutia Inc), Registration Rights Agreement (Owens Corning (Reorganized) Inc.)
Execution and Delivery; Enforceability. This Agreement has been is duly and validly executed and delivered by the Company, and, upon the entry of the Agreement Order Company and the expiration, or waiver by the Bankruptcy Court, of any applicable waiting period set forth in the Bankruptcy Rules, this Agreement will constitute the constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as may be limited by the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or similar laws affecting the enforcement of creditors’ rights generally, and subject to principles of equity and public policy.
Appears in 6 contracts
Sources: Fee and Interest Equitization Agreement (B. Riley Financial, Inc.), Fee and Interest Equitization Agreement (Babcock & Wilcox Enterprises, Inc.), Backstop Exchange Agreement (Babcock & Wilcox Enterprises, Inc.)
Execution and Delivery; Enforceability. This Agreement has been duly and validly executed and delivered by the Company, and, upon the entry of the Agreement Order and the expiration, or waiver by the Bankruptcy Court, of any applicable waiting the 14- day period set forth in the Bankruptcy RulesRule 6004(h), this Agreement will constitute the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms.
Appears in 2 contracts
Sources: Equity Purchase and Commitment Agreement, Equity Purchase and Commitment Agreement
Execution and Delivery; Enforceability. This Agreement has been duly and validly executed and delivered by the Company, and, upon the entry of the Agreement Order and the expiration, or waiver by the Bankruptcy Court, of any applicable waiting the 14-day period set forth in the Bankruptcy RulesRule 6004(h), this Agreement will constitute the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms.
Appears in 2 contracts
Sources: Equity Purchase and Commitment Agreement, Equity Purchase and Commitment Agreement
Execution and Delivery; Enforceability. (i) This Agreement has been duly and validly executed and delivered by the Company, and, upon the entry of the Agreement Order and the expiration, or waiver by the Bankruptcy Court, of any applicable waiting period set forth in the Bankruptcy Rules, this Agreement will constitute the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms.
Appears in 1 contract