Common use of Enforceability of Agreements Clause in Contracts

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the 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, against the Company and, to the Company’s knowledge, the other parties thereto, 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Forte Biosciences, Inc., Forte Biosciences, Inc., NeuroMetrix, Inc.

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Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the 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 and enforceable against the Company in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, 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 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 be reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Spectrum Pharmaceuticals Inc, Spectrum Pharmaceuticals Inc

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Registration Statement or the 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, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Commo Stock (RiceBran Technologies), Energous Corp

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Registration Statement or the Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on XXXXXEXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Chicken Soup for the Soul Entertainment, Inc., Chicken Soup for the Soul Entertainment, Inc.

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the General Disclosure Package, the Registration Statement or the 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, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Aspen Aerogels Inc)

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Time of Sale Prospectus and the Prospectus, other than such agreements that have expired by their terms or whose the termination of which 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, against the Company and, to the Company’s knowledge, the other parties thereto, 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 and, (ii) the indemnification provisions of certain agreements may be limited 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Progenics Pharmaceuticals Inc)

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms or whose the termination of which is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: HCW Biologics Inc.

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Time of Sale Prospectus and the Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on XXXXXRegistration Statement, the Time of Sale Prospectus and the Prospectus, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Ocugen, Inc.)

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in that are filed with, or incorporated by reference into, the ProspectusRegistration Statement, 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 against the Company in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, 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 by 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Curis Inc

Enforceability of Agreements. All To the best of the Company's knowledge, all agreements between the Company and third parties expressly referenced in the 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, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: BiondVax Pharmaceuticals Ltd.

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Time of Sale Prospectus and Prospectus, other than such agreements that have expired by their terms or whose the termination of which is disclosed in documents filed by the Company on XXXXXXXXXX prior to the date hereof, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, except 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 principles, (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws Laws or public policy considerations in respect thereof, and except for thereof or (iii) any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse EffectChange.

Appears in 1 contract

Samples: Underwriting Agreement (Chiasma, Inc)

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Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on XXXXXEXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Wireless Telecom Group Inc

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus or Statutory 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, against the Company and, to the Company’s knowledge, the other parties thereto, 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Forte Biosciences, Inc.)

Enforceability of Agreements. All material agreements between the Company and third parties expressly referenced in the Registration Statement or the 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, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: GTY Technology Holdings Inc.

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the 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 valid, and binding obligations of the Company enforceable against the Company in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, except to the extent that that: (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium 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 by 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 reasonably unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Medigus Ltd.

Enforceability of Agreements. All To the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms or whose the termination of which is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties thereto, 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Achillion Pharmaceuticals Inc

Enforceability of Agreements. All material agreements between the Company and third parties expressly referenced in the Registration Statement or the Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on XXXXXEXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, against the Company and, to the Company’s knowledge, the other parties theretoenforceable 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 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 reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: GTY Technology Holdings Inc.

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