Common use of Enforceability of Obligations Clause in Contracts

Enforceability of Obligations. This Amendment, the Loan Agreement and the other Loan Documents, as amended hereby, constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 28 contracts

Samples: Loan and Security Agreement (Exicure, Inc.), Loan and Security Agreement (Cti Biopharma Corp), Loan and Security Agreement (Agile Therapeutics Inc)

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Enforceability of Obligations. This Amendment, the Loan Agreement Amendment and the other Loan Documents, Credit Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of the Borrower and each Guarantor enforceable against the Borrower and each Guarantor in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 6 contracts

Samples: Revolving Credit Agreement and Waiver (Digitas Inc), Revolving Credit Agreement (Digitas Inc), Revolving Credit Agreement (Digitas Inc)

Enforceability of Obligations. This Amendment, the Loan Credit Agreement as amended hereby and the other Loan Documents, as amended hereby, Documents constitute the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 5 contracts

Samples: Credit Agreement (Switch & Data Facilities Company, Inc.), And Restated Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data, Inc.)

Enforceability of Obligations. This Amendment, the Loan Agreement Amendment and the other Loan DocumentsCredit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against Borrower each such Person in accordance with their termsrespective terms and provisions, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 4 contracts

Samples: Kasper a S L LTD, Kasper a S L LTD, Kasper a S L LTD

Enforceability of Obligations. This Amendment, Amendment and the Loan Agreement and the other Loan Documents, Documents as amended hereby, hereby constitute the legal, valid and binding obligations of Borrower the Borrowers enforceable against Borrower each of the Borrowers in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)

Enforceability of Obligations. This Amendment, the Warrant Amendment, the Loan Agreement Agreement, the Warrant and the other Loan Documents, as amended hereby, constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 3 contracts

Samples: Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc)

Enforceability of Obligations. This Amendment, Amendment and the Loan Agreement as amended and the other Loan Documents, as amended hereby, Documents hereby constitute the legal, valid and binding obligations of Borrower the Borrowers enforceable against Borrower the Borrowers in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Enforceability of Obligations. This Amendment, the Loan Agreement Amendment and the other Loan DocumentsAgreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms, except as enforceability is provided that: (i) enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, moratorium or similar laws of general equitable principles or other laws relating to or application affecting generally the enforcement of, creditors’ rights and except to remedies of creditors; and (ii) the extent that availability of the remedy remedies of specific performance or and injunctive relief is may be subject to the discretion of the court before which any proceeding therefor proceedings for such remedies may be brought.

Appears in 1 contract

Samples: Credit and Security Agreement (Sri Surgical Express Inc)

Enforceability of Obligations. This Amendment, the Loan Agreement Agreement, the Warrant and the other Loan Documents, as amended hereby, constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan and Security Agreement (Alimera Sciences Inc)

Enforceability of Obligations. This Amendment, Second Amendment and the Loan Agreement as amended by the First Amendment and the other Loan Documents, as amended hereby, Documents hereby constitute the legal, valid and binding obligations of Borrower the Borrowers enforceable against Borrower the Borrowers in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan and Security Agreement (Bombay Company Inc)

Enforceability of Obligations. This The execution and delivery of this Amendment, the Loan Credit Agreement as amended and the other Loan Documents, as amended hereby, Documents hereby constitute the legal, valid and legally binding obligations of Borrower such Person enforceable against Borrower it in accordance with their termsthe respective terms and provisions hereof and thereof, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit Agreement (Barnes Group Inc)

Enforceability of Obligations. This Amendment, Amendment and the Loan Agreement as amended and the other Loan Documents, as amended hereby, Documents hereby constitute the legal, valid and binding obligations of Borrower the Borrowers enforceable against Borrower the Borrowers in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan and Security Agreement (Bombay Company Inc)

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Enforceability of Obligations. This Amendment, Amendment and the Loan Credit Agreement as amended and the other Loan Documents, as amended hereby, Documents hereby constitute the legal, valid and binding obligations of Borrower the Borrowers and the Guarantors enforceable against Borrower the Borrowers and the Guarantors in accordance with their termsterms and provisions, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Enforceability of Obligations. This AmendmentAgreement, the Loan Agreement Amended Credit Agreement, and the other Loan Documents, as amended hereby, Documents constitute the legal, valid and binding obligations of such Borrower or such Guarantor, enforceable against such Borrower or such Guarantor in accordance with their respective terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Credit Agreement (Barnes Group Inc)

Enforceability of Obligations. This AmendmentAgreement, the Loan Agreement Agreement, as amended hereby, and the other Loan Documents, as amended hereby, constitute the legal, valid and binding obligations of Borrower enforceable against Borrower and the Guarantor, respectively, in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Forbearance Agreement (Biolase Technology Inc)

Enforceability of Obligations. This Amendment, Amendment and the Loan Credit Agreement as amended and the other Loan Documents, as amended hereby, Documents hereby constitute the legal, valid and binding obligations of Borrower the Borrowers and the Guarantors enforceable against Borrower the Borrowers and the Guarantors in accordance with their termsterms and provisions, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Enforceability of Obligations. This AmendmentAgreement, the Loan Credit Agreement as modified hereby, and the other Loan Documents, as amended hereby, Documents constitute the legal, valid and binding obligations of such Borrower or such Guarantor, enforceable against such Borrower or such Guarantor in accordance with their respective terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, of creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Credit Agreement (Barnes Group Inc)

Enforceability of Obligations. This Amendment, the Loan Agreement as amended hereby and the other Loan Documents, as amended hereby, Documents constitute the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Newtek Business Services Inc)

Enforceability of Obligations. This Amendment, the Amended Note, the Warrant, the Loan Agreement and the other Loan Documents, as amended hereby, constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium, general equitable principles moratorium or other laws relating to or affecting generally the enforcement of, creditors’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan and Security Agreement (Adma Biologics, Inc.)

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