Common use of The Unit Warrants Clause in Contracts

The Unit Warrants. The Warrants included in the Units to be issued and sold by the Company hereunder have been duly authorized by the Company and, when issued and delivered in the manner set forth in the Warrant Agreement against payment for the Units by the Underwriters pursuant to this Agreement, will be duly and validly issued and delivered, will constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, fraudulent transfer or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability; (ii) as enforceability made of any indemnification or contribution provision may be limited under foreign, federal and state securities laws; and (iii) that the remedy of specific performance and injunction and any other forms of equitable relief may be subject to the equitable defenses and to the discretion of the courts before which any proceeding therefore may be brought, and will conform to the descriptions thereof in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

Appears in 2 contracts

Sources: Underwriting Agreement (Novus Capital Corp II), Underwriting Agreement (Novus Capital Corp II)