Common use of Binding Obligation Clause in Contracts

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 174 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Newtek Business Services Corp.)

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Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 46 contracts

Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.), Credit and Guaranty Agreement (Euramax Holdings, Inc.), Pledge and Security Agreement (AbitibiBowater Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 32 contracts

Samples: Credit and Guaranty Agreement (CVR Partners, Lp), Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (Alon USA Energy, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally Debtor Relief Laws or by equitable principles relating to enforceability.

Appears in 30 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Physicians Realty Trust), Credit Agreement (Computer Programs & Systems Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 19 contracts

Samples: Collateral Agreement (Cit Group Inc), Credit Agreement (Energy & Exploration Partners, Inc.), Credit and Guaranty Agreement (Cit Group Inc)

Binding Obligation. Each Credit Loan Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally constitutes a legal, valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable general principles relating to enforceabilityof equity.

Appears in 12 contracts

Samples: Guaranty and Security Agreement (Amicus Therapeutics Inc), Loan Agreement (Lexicon Pharmaceuticals, Inc.), Loan Agreement (Collegium Pharmaceutical, Inc)

Binding Obligation. Each Credit Document to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 12 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (OppFi Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcyDebtor Relief Laws, insolvencyby the principle of good faith and fair dealing, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 8 contracts

Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Binding Obligation. Each of the Credit Document Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 8 contracts

Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Covanta Energy Corp), Credit Agreement (Covanta Energy Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each of the Credit Party Parties that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought by proceedings in equity or at law).

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Binding Obligation. Each Credit Loan Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 7 contracts

Samples: Loan Agreement (SI-BONE, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.), Loan Agreement (iRhythm Technologies, Inc.)

Binding Obligation. Each Credit Document required to be delivered hereunder has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by general equitable principles, regardless of whether considered in a proceeding in equity or at law and principles relating to enforceabilityof good faith and fair dealing.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Artivion, Inc.), Credit and Guaranty Agreement (KAMAN Corp), Credit and Guaranty Agreement (Cohu Inc)

Binding Obligation. Each Credit Document and Related Agreement to which any Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 6 contracts

Samples: Eighth Amendment Agreement, Sixth Amendment Agreement (Mogo Inc.), Twelfth Amendment Agreement (Mogo Finance Technology Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and, in the case of each Foreign Credit Party and each Foreign Security Document, subject to the Legal Reservations and the Foreign Perfection Requirements.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Binding Obligation. Each Credit Document of the Loan Documents to which it is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 5 contracts

Samples: Credit Agreement (Hospira Inc), Assignment Agreement (Hospira Inc), Credit Agreement (Hospira Inc)

Binding Obligation. Each Credit Document of the Loan Documents to which it is a party has been duly executed and delivered by each the Credit Party that is a party thereto Parties and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 5 contracts

Samples: Credit Agreement (Assurant Inc), Credit Agreement (Assurant, Inc.), Term Loan Agreement (Assurant Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally Debtor Relief Laws or by equitable principles relating to enforceability.. Section 6.7

Appears in 5 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Physicians Realty Trust), Credit Agreement (Orion Group Holdings Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Governmental Rules relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability(whether enforcement is sought in equity or at law).

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit Agreement (Pattern Energy Group Inc.)

Binding Obligation. Each Transaction Document to which each Credit Document Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 4 contracts

Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Apollo Debt Solutions BDC)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 3 contracts

Samples: Intercreditor Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.)

Binding Obligation. Each Subject to the Orders and the terms thereof, each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is is, subject to the Orders and the terms thereof, the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (other than with respect to the Debtors).

Appears in 3 contracts

Samples: And Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.), Credit and Guaranty Agreement (Fusion Connect, Inc.)

Binding Obligation. Each Credit Document to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Binding Obligation. Each Credit Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 3 contracts

Samples: Credit Agreement (FS Energy & Power Fund), Credit Agreement (FS Investment Corp II), Credit Agreement (FS Energy & Power Fund)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability(whether enforcement is sought in equity or at law).

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Covanta Holding Corp), Project    Description    Agreement (Covanta Holding Corp), Credit Agreement (Covanta Holding Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityprinciples.

Appears in 3 contracts

Samples: Term Loan Agreement (Source Interlink Companies Inc), Revolving Credit Agreement (Source Interlink Companies Inc), Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting Debtor Relief Laws affecting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)

Binding Obligation. Each Credit Document and each Related Agreement to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit PartyParty and is in full force and effect, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each of the Credit Party Parties that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability(regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceabilityenforceability (whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mariner Health Care Inc), Credit and Guaranty Agreement (Mariner Health Care Inc)

Binding Obligation. Each of the Credit Document Documents and Related Agreements has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 2 contracts

Samples: Credit Agreement (Pantry Inc), Credit Agreement (Pantry Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such each Credit PartyParty that is a party thereto, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable general principles relating to enforceabilityof equity, regardless of whether considered in a proceeding at equity or law.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability(regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally Debtor Relief Laws or by equitable principles and principles of good faith and fair dealing relating to enforceability.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and principles of good faith and fair dealing.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Kraton Corp), Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NTL Delaware Inc)

Binding Obligation. Each Credit Document and Restructuring Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto thereto, and subject to the entry of the Bankruptcy Court Orders, and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Possession Financing Agreement (Granite Broadcasting Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvencyinsol- -71- vency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Cit Group Inc)

Binding Obligation. Each of the Credit Document Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Simmons Co)

Binding Obligation. Each Credit Document of the Loan Documents and Related Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by general equitable principles relating to enforceabilitywhether enforcement is sought in equity or at law.

Appears in 1 contract

Samples: Credit Agreement (Hartmarx Corp/De)

Binding Obligation. Each Credit Document of the Loan Documents to which it is a party has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such each Credit Party, enforceable against such each Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Hospira Inc)

Binding Obligation. Each Credit Financing Document has been duly executed and delivered by each Credit Party that is a party thereto and each Financing Document and, to the Knowledge of each Credit Party that is a party thereto, each of the Material Contracts, is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and and, subject to the entry of the Orders, when applicable, is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Guaranty Agreement (Dura Automotive Systems Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.(whether enforcement is sought in equity or at law). 4.7

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Covanta Holding Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and and, subject to the entry or issue of the Orders, is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement (Lehman Brothers Holdings Inc)

Binding Obligation. Each Credit Loan Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

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Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, conflicts of laws or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityor any other similar principles.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AVG Technologies N.V.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and and, subject to the entry of the DIP Order, is the legally valid and binding obligation of such each Credit PartyParty that is a party thereto, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable general principles relating to enforceabilityof equity, regardless of whether considered in a proceeding at equity or law.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Kv Pharmaceutical Co /De/)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.. 4.7

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally legal, valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and general principles of equity.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

Binding Obligation. Each Credit Document to which each Credit Party and Company Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto or Company Party and is the legally valid and binding obligation of such Credit Party or Company Party, enforceable against such Credit Party or Company Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement (F45 Training Holdings Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (including, without limitation, the terms of the Interim Order or the Final Order, when applicable).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ambassadors International Inc)

Binding Obligation. Each Credit Document and Equity Document to which each Credit Party is a party has been duly executed and delivered by each such Credit Party that is a party thereto Party, and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement (Healing Co Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityDebtor Relief Laws.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hydrofarm Holdings Group, Inc.)

Binding Obligation. Each Credit Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement (FS Investment Corp III)

Binding Obligation. Each Credit Document of the Loan Documents has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of each such Credit Party, enforceable against each such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement (Beasley Broadcast Group Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tivity Health, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding 80 obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Lease Agreement (Cit Group Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and, upon execution and delivery thereof by such Credit Party, is or will be the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable general principles relating to enforceabilityof equity.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (International Steel Group Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.. CREDIT AND GUARANTY AGREEMENT 419908-New York Server 7A 52

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Network Plus Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, liquidation, conservatorship, assignment for the benefit of creditors, insolvency, rearrangement, receivership, reorganization, moratorium or similar laws relating to or limiting affecting creditors’ or secured parties’ rights generally or by equitable principles and principles of good faith and fair dealing relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)

Binding Obligation. Each Credit Document and each Transaction Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Payless Shoesource Inc /De/)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. 4.7.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (QualTek Services Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability...........

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Houghton Mifflin Co)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Loan Party that is a party thereto and is the legally valid and binding obligation of such Credit Loan Party, enforceable against such Credit Loan Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit Agreement (Tiptree Inc.)

Binding Obligation. Each Credit Document of the Loan Documents has been duly executed and delivered by each Credit Party that which is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against each such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Loan and Security Agreement (Calton Inc)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. 4.7.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally any Debtor Relief Law or by equitable principles relating to enforceabilityenforceability (whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceability.. -95-

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party Obligor that is a party thereto and is the legally valid and binding obligation of such Credit PartyObligor, enforceable against such Credit Party Obligor in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Reimbursement and Guaranty Agreement (Delek US Holdings, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party Party, in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Telvent Git S A)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.. 76 Credit and Guaranty Agreement

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Binding Obligation. Each Credit Document required to be delivered hereunder has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability regardless of whether considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Veritone, Inc.)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, 72 moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

Binding Obligation. Each Credit Document required to be delivered hereunder has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. 4.7.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Binding Obligation. Each Credit Document has been duly executed and delivered by each Credit Party that is a party thereto and is the legally valid and binding obligation of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally or by equitable principles relating to enforceabilityenforceability and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hm Publishing Corp)

Binding Obligation. Each Credit Document of the Loan Documents has been duly executed and delivered by each Credit Party that is a party thereto thereto, and is the legally valid and binding obligation obligations of such Credit Party, enforceable against such Credit Party in accordance with its respective terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ creditors rights generally or by and subject to the availability of equitable principles relating to enforceabilityremedies.

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

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