Power; Authorization. Such Investor has all requisite power and authority to execute and deliver this Agreement and the Ancillary Agreements. This Agreement and the Ancillary Agreements, when executed and delivered by such Investor, will constitute valid and legally binding obligations of such Investor, enforceable against such Investor in accordance with their respective terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) to the extent the indemnification provisions contained in the Investors’ Rights Agreement may be limited by applicable laws and principles of public policy.
Appears in 2 contracts
Sources: Series D Preferred Stock Purchase Agreement, Series D Preferred Stock Purchase Agreement (Homeaway Inc)
Power; Authorization. Such The Investor has all requisite power and authority to execute and deliver this Agreement and the Ancillary Agreements. This Agreement and the Ancillary Agreements, when executed and delivered by such the Investor, will constitute valid and legally binding obligations of such the Investor, enforceable against such Investor in accordance with their respective terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ ' rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) to the extent the indemnification provisions contained in the Investors’ Rights Agreement may be limited by applicable laws and principles of public policy.and
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc)
Power; Authorization. Such Investor has all requisite power and authority to execute and deliver this Agreement, the Registration Rights Agreement and the Ancillary AgreementsWarrants. This Agreement, the Registration Rights Agreement and the Ancillary AgreementsWarrants, when executed and delivered by such Investor, will constitute valid and legally binding obligations of such Investor, enforceable against such Investor in accordance with their respective terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) to the extent the indemnification provisions contained in this Agreement, the Investors’ Registration Rights Agreement and the Warrants may be limited by applicable securities laws and principles of public policy.
Appears in 1 contract
Sources: Common Stock and Warrant Purchase Agreement (First Avenue Networks Inc)
Power; Authorization. Such Investor has all requisite power and authority to execute and deliver this Agreement and the Ancillary Agreements. This Agreement and the Ancillary Agreements, when executed and delivered by such Investor, will constitute valid and legally binding obligations of such Investor, enforceable against such Investor in accordance with their respective terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) to the extent the indemnification provisions contained in the Investors’ Rights Agreement may be limited by applicable laws and principles of public policy.
Appears in 1 contract
Sources: Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc)
Power; Authorization. Such Investor has all requisite power and authority to execute and deliver this Agreement and the Ancillary AgreementsInvestors' Rights Agreement. This Agreement and the Ancillary AgreementsInvestors' Rights Agreement, when executed and delivered by such Investor, will constitute valid and legally binding obligations of such Investor, enforceable against such Investor in accordance with their respective terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ ' rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) to the extent the indemnification provisions contained in the Investors’ ' Rights Agreement may be limited by applicable laws and principles of public policy.
Appears in 1 contract
Sources: Series B Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC)