Common use of Enforceability of Agreements Clause in Contracts

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and (iii) any unenforceability, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Boxed, Inc.), Common Stock Purchase Agreement (PishPosh, Inc.)

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Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, to the extent such agreements are in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Pedevco Corp), Lightwave Logic, Inc.

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, to the extent such agreements are in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Panbela Therapeutics, Inc.)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, to the extent such agreements are in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification and contribution provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Blonder Tongue Laboratories Inc)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, to the extent that such agreements are in effect as of the date of this Agreement (and subsequent dates on which this representation is made), are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Helius Medical Technologies, Inc.)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, other than such agreements that have been terminated or have expired by their terms, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Veracyte, Inc.)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, other than such agreements that have expired by their terms, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and (iii) thereof, except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Poseida Therapeutics, Inc.)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company or the Material Subsidiary and third parties expressly referenced in or included or incorporated by reference in the Prospectus Offering Documents are legal, valid and binding obligations of the Company or the Material Subsidiary enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws by Applicable Law or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityother potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a be material to the Company or the Material Adverse EffectSubsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Western Copper & Gold Corp)

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Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, to the extent such agreements are in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Inspira Technologies OXY B.H.N. LTD)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: American Superconductor Corp /De/

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: American Superconductor Corp /De/

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectus, to the extent such agreements are in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and (iii) except for any unenforceabilityunenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Schmitt Industries Inc)

Enforceability of Agreements. Assuming the valid execution and delivery by the other parties to such agreements, all All agreements between the Company and third parties expressly referenced in the Prospectus Registration Statement and the Prospectuses are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles, and (ii) the indemnification provisions of certain agreements may be limited be federal by federal, state or state provincial securities laws or public policy considerations in respect thereof thereof, and (iii) except for any unenforceabilityother potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Energy Fuels Inc

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