Common use of Authorization of Indenture Clause in Contracts

Authorization of Indenture. The Indenture has been duly authorized, executed and delivered by the Company and is a valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditor’s rights generally or by general equitable principles. The Indenture has been duly qualified under the 1939 Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.), Underwriting Agreement (Hcp, Inc.)

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Authorization of Indenture. The Indenture has been duly authorized, executed and delivered by the Company and is constitutes a valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by subject to (i) applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or thereafter in effect relating to or affecting creditor’s creditors’ rights generally and (ii) general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or by general equitable principles. The Indenture has been duly qualified under law) (collectively, the 1939 Act“Enforceability Exceptions”).

Appears in 2 contracts

Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)

Authorization of Indenture. The Indenture has been duly authorized, executed and delivered by the Company and is constitutes a valid and legally binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting creditor’s the enforcement of creditors' rights generally or by general equitable principles. The Indenture has been duly qualified under the 1939 Actprinciples (regardless of whether enforcement is considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Underwriting Agreement (United Parcel Service Inc)

Authorization of Indenture. The Indenture has been duly authorizedauthorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and is assuming the due authorization, execution and delivery of the Indenture by the Indenture Trustee, will constitute a valid and legally binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting creditor’s rights generally or by general equitable principles. The Indenture has been duly qualified under the 1939 Act.enforcement of creditors' rights

Appears in 1 contract

Samples: Purchase Agreement (Fleetboston Financial Corp)

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Authorization of Indenture. The Indenture has been duly authorizedauthorized by the Company and, at the Closing Time, will have been duly qualified under the 1939 Act and duly executed and delivered by the Company and is will constitute a valid and legally binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditor’s 's rights generally or by general equitable principles. The Indenture has been duly qualified under the 1939 Act.

Appears in 1 contract

Samples: Purchase Agreement (Health Care Property Investors Inc)

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