Common use of Due Execution, Validity, Enforceability Clause in Contracts

Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which the Borrower is a party has been duly executed and delivered by the Borrower and each constitutes the valid and legally binding obligation of the Borrower, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 8 contracts

Samples: Credit Agreement (Welltower Inc.), Credit Agreement (Health Care Reit Inc /De/), Term Loan Agreement (Health Care Reit Inc /De/)

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Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which the Borrower is a party has been duly executed and delivered by the Borrower and each Loan Party and each constitutes the valid and legally binding obligation of the BorrowerBorrower and each Loan Party, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 2 contracts

Samples: Loan Agreement (Griffon Corp), Loan Agreement (Griffon Corp)

Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which the each Borrower is a party has been duly executed and delivered by the each Borrower that is a party thereto and each constitutes the valid and legally binding obligation of the each Borrower, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 1 contract

Samples: Loan Agreement (Health Care Reit Inc /De/)

Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which the Borrower is a party has been duly executed and delivered by the each Borrower and each Loan Party and each constitutes the valid and legally binding obligation of the Borrowereach Borrower and each Loan Party, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 1 contract

Samples: Loan Agreement (Griffon Corp)

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Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which the a Borrower is a party has been duly executed and delivered by the Borrower in question and each constitutes the valid and legally binding obligation of the Borrowerthereof, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

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