Common use of Capped Call Confirmations Clause in Contracts

Capped Call Confirmations. The Capped Call Confirmations have been duly authorized by the Company. Each Base Capped Call Confirmation has been duly executed and delivered by the Company and constitutes a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, and any Additional Capped Call Confirmation will, on the date such Additional Capped Call Confirmation is entered into, have been duly executed and delivered by the Company and constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, subject in each case to the Enforceability Exceptions.

Appears in 1 contract

Samples: Marcus Corp

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Capped Call Confirmations. The Capped Call Confirmations have been duly authorized by the Company. Each Base Capped Call Confirmation has been duly authorized, executed and delivered by the Company and constitutes a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, and any Additional Capped Call Confirmation will, on or prior to the date such Additional Capped Call Confirmation is Confirmations are entered into, have been be duly authorized, executed and delivered by the Company Company, and will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, subject in each case to the Enforceability Exceptions.

Appears in 1 contract

Samples: Novavax Inc

Capped Call Confirmations. The Capped Call Confirmations have been duly authorized by the Company. Each Base Capped Call Confirmation has been been, and each Additional Capped Call Confirmation on the date of its execution will have been, duly authorized, executed and delivered by the Company Company, and, assuming due execution and constitutes delivery thereof by the Capped Call Counterparties, constitutes, or will constitute, as the case may be, a valid and legally binding agreement of the Company enforceable against the Company in accordance with its termsCompany, and any Additional Capped Call Confirmation will, on the date such Additional Capped Call Confirmation is entered into, have been duly executed and delivered by the Company and constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, subject in each case to the Enforceability Exceptions.

Appears in 1 contract

Samples: Bread Financial Holdings, Inc.

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Capped Call Confirmations. (i) The Base Capped Call Confirmations have been duly authorized by the Company. Each Base Capped Call Confirmation has been duly authorized, executed and delivered by the Company and constitutes a are valid and legally binding agreement obligations of the Company Company, enforceable against the Company in accordance with its their terms, and any Additional Capped Call Confirmation Confirmations will, on or prior to the date such Additional Capped Call Confirmation is Confirmations are entered into, have been be duly authorized, executed and delivered by the Company and constitute a will be valid and legally binding agreement obligations of the Company Company, enforceable against the Company in accordance with its their terms, subject in each case to the Enforceability Exceptions.

Appears in 1 contract

Samples: Letter Agreement (Ironwood Pharmaceuticals Inc)

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