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 (i) as limited by applicable bankruptcy, insolvency, reorganization, arrangement, moratorium and other laws of general applicability relating to or affecting creditors' rights, and (ii) as limited by equitable principles generally and limitations on the availability of equitable remedies, whether such enforceability is considered in a proceeding in equity or at law.

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, terms except (ia) as limited by applicable bankruptcy, insolvency, reorganization, arrangement, moratorium and or other laws of general applicability relating to or application affecting enforcement of creditors' rights, and (iib) as limited by equitable general principles generally and limitations on of equity that restrict the availability of equitable remedies, whether such and (c) to the extent that the enforceability is considered of the indemnification provisions in a proceeding in equity or at lawthis Agreement may be limited by applicable laws.

Due Execution, Delivery and Performance. (aA) 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 terms (i) as limited by subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, arrangementmoratorium, moratorium and marshalling, or other laws and rules of general applicability relating to or law affecting the enforceability of creditors' rights, and (ii) as limited by equitable principles rights generally and limitations on the availability of to general equitable remedies, whether such enforceability is considered in a proceeding in equity or at lawprinciples).

Due Execution, Delivery and Performance. (aA) 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 terms (i) as limited by subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, arrangementmoratorium, moratorium and marshalling, or other laws and rules of general applicability relating to or law affecting the enforceability of creditors' rights, and (ii) as limited by equitable principles rights generally and limitations on the availability of to general equitable remedies, whether such enforceability is considered in a proceeding in equity or at lawprinciples).

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 (i) except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, arrangement, moratorium or similar laws affecting creditors and other laws of general applicability relating to or affecting creditors' rights, and (ii) as limited by equitable principles generally and limitations on the availability of equitable remedies, whether such enforceability is considered in a proceeding in equity or at law.contracting