Common use of Binding Effect and Noncontravention Clause in Contracts

Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Purchaser and constitutes, and each other Transaction Document to which Purchaser is a party when executed and delivered will constitute, a valid and binding obligation of Purchaser, enforceable against Purchaser in accordance with its terms except as such enforceability may be limited by (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lantronix Inc), Securities Purchase Agreement (Communications Systems Inc)

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Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Purchaser Parent and Buyer and constitutes, and each other Transaction Document to which Purchaser Parent or Buyer is a party when executed and delivered will constitute, a valid and binding obligation of PurchaserBuyer or Parent, as applicable, enforceable against Purchaser Parent or Buyer, as applicable in accordance with its terms except as such enforceability may be limited by (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Qumu Corp), Asset Purchase Agreement

Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Purchaser Buyer and constitutes, and each other Transaction Document to which Purchaser Buyer is a party when executed and delivered will constitute, a valid and binding obligation of Purchaser, Buyer enforceable against Purchaser Buyer in accordance with its terms except as such enforceability may be limited by by: (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors' rights generally, ; and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Asset Purchase Agreement (Heron Lake BioEnergy, LLC)

Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Purchaser each of Seller and Shareholder and constitutes, and each other Transaction Document to which Purchaser Seller or Shareholder is a party when executed and delivered will constitute, a valid and binding obligation of PurchaserSeller and Shareholder, as applicable, enforceable against Purchaser Seller and Shareholder, as applicable, in accordance with its terms except as such enforceability may be limited by by: (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, ; and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Asset Purchase Agreement (Vitamin Shoppe, Inc.)

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Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Purchaser Parent and constitutes, and each other Transaction Document to which Purchaser Parent is a party when executed and delivered will constitute, a valid and binding obligation of PurchaserParent, enforceable against Purchaser Parent, in accordance with its terms except as such enforceability may be limited by by: (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, ; and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Asset Purchase Agreement (Advanced BioEnergy, LLC)

Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Purchaser each of Buyer and Parent and constitutes, and each other Transaction Document to which Purchaser Buyer or Parent is a party when executed and delivered will constitute, a valid and binding obligation of PurchaserBuyer and Parent, as applicable, enforceable against Purchaser Buyer and Parent, as applicable, in accordance with its terms except as such enforceability may be limited by by: (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, ; and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Asset Purchase Agreement (Vitamin Shoppe, Inc.)

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