Common use of Due Execution, Delivery and Performance Clause in Contracts

Due Execution, Delivery and Performance. (a) This Agreement has been duly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and except as enforceability may be subject to general principals of equity and except as indemnification provisions herein may be held violative of public policy and legality unenforceable.

Appears in 2 contracts

Samples: Share Purchase Agreement (Rag Aktiengesellschaft), Share Purchase Agreement (Mattson Technology Inc)

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Due Execution, Delivery and Performance. (a) This Agreement has been duly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium bankruptcy or other similar laws relating to, or affecting generally the enforcement of, creditors' ’ rights generally and except as enforceability may be subject to or remedies, (ii) general principals principles of equity or (iii) applicable laws and except as indemnification provisions herein may be held violative consideration of public policy relating to indemnification and legality unenforceablecontribution provisions.

Appears in 2 contracts

Samples: Share Purchase Agreement (Ebix Inc), Share Purchase Agreement (Ebix Inc)

Due Execution, Delivery and Performance. (a) This Agreement has been duly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and except as by general equitable principles (regardless of whether such enforceability may be subject to general principals of is considered in a proceeding in equity and except as indemnification provisions herein may be held violative of public policy and legality unenforceableor at law).

Appears in 2 contracts

Samples: Share Purchase Agreement (Auspex Systems Inc), Share Purchase Agreement (Auspex Systems Inc)

Due Execution, Delivery and Performance. (a) This Agreement has been duly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium bankruptcy or other similar laws relating to, or affecting generally the enforcement of, creditors' rights generally and except as enforceability may be subject to or remedies, (ii) general principals principles of equity or (iii) applicable laws and except as indemnification provisions herein may be held violative consideration of public policy relating to indemnification and legality unenforceablecontribution provisions.

Appears in 2 contracts

Samples: Share Purchase Agreement (Ebix Inc), Share Purchase Agreement (Dt Industries Inc)

Due Execution, Delivery and Performance. (a) This Agreement has been duly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and except as by general equitable principle (regardless or whether such enforceability may be subject to general principals of is considered in a proceeding in equity and except as indemnification provisions herein may be held violative of public policy and legality unenforceableor at law).

Appears in 1 contract

Samples: Share Purchase Agreement (Westell Technologies Inc)

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Due Execution, Delivery and Performance. (a) This Agreement has been duly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforceability enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' the rights of creditors generally and except insofar as enforceability the availability of equitable remedies may be subject to general principals of equity and except as indemnification provisions herein may be held violative of public policy and legality unenforceablelimited by applicable law.

Appears in 1 contract

Samples: Share Purchase Agreement (V I Technologies Inc)

Due Execution, Delivery and Performance. (a) This Agreement has been duly authorized, executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium bankruptcy or other similar laws relating to, or affecting generally the enforcement of, creditors' ’ rights generally and except as enforceability may be subject to or remedies, (ii) general principals principles of equity or (iii) applicable laws and except as indemnification provisions herein may be held violative consideration of public policy relating to indemnification and legality unenforceablecontribution provisions.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dolan Media CO)

Due Execution, Delivery and Performance. (a) This Agreement has and the Warrant have been duly executed and delivered by the Company and constitutes constitute a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by terms (subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium moratorium, marshalling, or similar other laws and rules of law affecting the enforceability of creditors' rights generally and except as enforceability may be subject to general principals of equity and except as indemnification provisions herein may be held violative of public policy and legality unenforceableequitable principles).

Appears in 1 contract

Samples: Stock Purchase Agreement (Lecroy Corp)

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