Common use of Enforceability of Agreements Clause in Contracts

Enforceability of Agreements. To the knowledge of the Company, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 26 contracts

Samples: Sales Agreement (Stemcells Inc), Sales Agreement (YRC Worldwide Inc.), Underwriting Agreement (Peregrine Pharmaceuticals Inc)

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Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable enforceable, in all material respects, 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 or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Equity Distribution Agreement (Clever Leaves Holdings Inc.), Equity Distribution Agreement (Sundial Growers Inc.), Equity Distribution Agreement (Spire Global, Inc.)

Enforceability of Agreements. To the knowledge of the Company, all 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Sales Agreement (Torchlight Energy Resources Inc), Sales Agreement (Torchlight Energy Resources Inc), Sales Agreement (Torchlight Energy Resources Inc)

Enforceability of Agreements. To the knowledge of the Company, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Sales Agreement (Magnum Hunter Resources Corp), MLV Atm Sales Agreement (Magnum Hunter Resources Corp), MLV Atm Sales Agreement (Magnum Hunter Resources Corp)

Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are are, except as would not have a Material Adverse Effect, 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 by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effectthereof.

Appears in 9 contracts

Samples: Sales Agreement (Cyclacel Pharmaceuticals, Inc.), Heat Biologics, Inc., NightHawk Biosciences, Inc.

Enforceability of Agreements. To the knowledge of the Company, all 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Sales Agreement (Archer Aviation Inc.), Sales Agreement (Jiayin Group Inc.), Sales Agreement (Blue Star Foods Corp.)

Enforceability of Agreements. To the knowledge of the Company, all 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Mohawk Group Holdings, Inc.), Equity Distribution Agreement (Inseego Corp.), Equity Distribution Agreement (VBI Vaccines Inc/Bc)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus 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 or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Quipt Home Medical Corp.), Equity Distribution Agreement (Oncolytics Biotech Inc), Equity Distribution Agreement (Oncolytics Biotech Inc)

Enforceability of Agreements. To the knowledge of the Company, all 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Net Element, Inc.), Equity Distribution Agreement (GenMark Diagnostics, Inc.), Equity Distribution Agreement (GenMark Diagnostics, Inc.)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Sales Agreement (Creative Realities, Inc.), Sales Agreement (Acer Therapeutics Inc.), Acer Therapeutics Inc.

Enforceability of Agreements. To the knowledge Knowledge of the Company, 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: OVERSTOCK.COM, Inc, OVERSTOCK.COM, Inc

Enforceability of Agreements. To the knowledge of the Company, all 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 and 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 except for (iii) any unenforceability thatunenforceability, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: ARCA Biopharma, Inc., ARCA Biopharma, Inc.

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Registration Statement and 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Anworth Mortgage Asset Corp, Anworth Mortgage Asset Corp

Enforceability of Agreements. To the knowledge of the Company, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (DryShips Inc.), Sales Agreement (Top Tankers Inc.)

Enforceability of Agreements. To the knowledge of the Company, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable terms that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Compugen LTD), Sales Agreement (Compugen LTD)

Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc)

Enforceability of Agreements. To the knowledge of the Company, 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses 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 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 thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Aurinia Pharmaceuticals Inc.), Aurinia Pharmaceuticals Inc.

Enforceability of Agreements. To the knowledge of the Company’s knowledge, 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 and principles, (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 except for thereof, or (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Stereotaxis, Inc., Stereotaxis, Inc.

Enforceability of Agreements. To the knowledge of the Company, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Avanir Pharmaceuticals, Inc.)

Enforceability of Agreements. To the knowledge of the Company, all material 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Introgen Therapeutics Inc)

Enforceability of Agreements. To the knowledge of the Company, all All current 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 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 and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: VBI Vaccines Inc/Bc

Enforceability of Agreements. To the knowledge of the Company, all 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 (i) to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws affecting creditors’ rights generally and by general equitable principles and (ii) to the extent that the indemnification provisions of certain agreements may be limited be by federal or state securities laws Laws or public policy considerations in respect thereof thereof; and except (iii) for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Ur-Energy Inc

Enforceability of Agreements. To the knowledge of the Company’s knowledge, 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Uranium Resources Inc /De/)

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Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus (or documents incorporated by reference therein) 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 or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Astra Space, Inc.)

Enforceability of Agreements. To the knowledge of the Company, all 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (ConforMIS Inc)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus 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 by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Theratechnologies Inc.)

Enforceability of Agreements. To the knowledge of the Company’s knowledge, 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 and principles, (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 except for (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Biotime Inc)

Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability potentially unenforceable agreements or terms that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Raser Technologies Inc

Enforceability of Agreements. To the knowledge of the Company, all 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (ALKALINE WATER Co INC)

Enforceability of Agreements. To the knowledge of the Company, all 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Histogenics Corp)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Onconova Therapeutics, Inc.)

Enforceability of Agreements. To the knowledge of the Company, all 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 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 thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Acelrx Pharmaceuticals Inc)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus 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 and principles, (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 except for or (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Real Industry, Inc.

Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statements and the CompanyProspectus, 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Sunesis Pharmaceuticals Inc)

Enforceability of Agreements. To the knowledge of the Company, 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 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 except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: OVERSTOCK.COM, Inc

Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, 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 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 except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Repros Therapeutics Inc.)

Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Registration Statement, Disclosure Package and 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 and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)

Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, 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 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 except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.. Exhibit 1.1

Appears in 1 contract

Samples: Equity Distribution Agreement (Repros Therapeutics Inc.)

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