Common use of Enforceability of Obligations Clause in Contracts

Enforceability of Obligations. This Amendment and the Credit Agreement as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers enforceable against such Person in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore may be brought.

Appears in 4 contracts

Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

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Enforceability of Obligations. This Amendment and the Credit Agreement and the other Credit Documents as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person each Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp)

Enforceability of Obligations. This The Amendment and the Credit Agreement ----------------------------- Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person the Borrower in accordance with their respective terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 2 contracts

Samples: Revolving Credit Agreement (California Steel Industries Inc), Revolving Credit Agreement (California Steel Industries Inc)

Enforceability of Obligations. This Amendment and the Credit Agreement Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Company enforceable against such Person the Company in accordance with their its terms, except as to the extent that the enforceability is thereof may be limited by applicable bankruptcy, insolvency, fraudulent convenyance, reorganization, moratorium or other similar laws relating to or generally affecting generally the enforcement of, creditors' rights and except to the extent that availability by equitable principles (regardless of the remedy of specific performance whether enforcement is sought in equity or injunctive relief is subject to the discretion of the court before which any proceeding therefore may be broughtat law).

Appears in 2 contracts

Samples: TAL International Group, Inc., TAL International Group, Inc.

Enforceability of Obligations. This Amendment and the Credit Agreement as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers Guarantors and the Borrower, enforceable against each such Person in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to 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 therefore may be broughtby equitable principles.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn), Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

Enforceability of Obligations. This Amendment and the Credit Agreement as amended hereby subject hereto constitute the legal, valid and binding obligations of each of the Borrowers enforceable against such Person in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore may be brought.

Appears in 2 contracts

Samples: Exit Credit Agreement (Footstar Inc), Exit Credit Agreement (Footstar Inc)

Enforceability of Obligations. This Amendment and the Credit Agreement ----------------------------- Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person the Borrower in accordance with their respective terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 2 contracts

Samples: Revolving Credit Agreement (California Steel Industries Inc), Revolving Credit Agreement (California Steel Industries Inc)

Enforceability of Obligations. This Amendment and the Credit Agreement as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person the Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 2 contracts

Samples: Credit Agreement (Selkirk Cogen Partners Lp), Credit Agreement (Selkirk Cogen Partners Lp)

Enforceability of Obligations. This Amendment and the Credit Agreement Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person 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 or other similar laws relating to or of general 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 therefore proceedings for such remedies may be brought.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Jones Herff Inc), Credit and Term Loan Agreement (Jones Herff Inc)

Enforceability of Obligations. This Amendment and the Credit Agreement as amended and the other Loan Documents hereby constitute the legal, valid and binding obligations of each of the Borrowers enforceable against such Person the Borrowers in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Credit Agreement (KKR Financial Corp)

Enforceability of Obligations. This Amendment and the Credit Agreement as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers Parent and the Borrower enforceable against such Person the Parent and the Borrower in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Credit Agreement (Private Business Inc)

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Enforceability of Obligations. This Amendment and the Credit Loan and Security Agreement as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers enforceable against such Person in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Jacobson Stores Inc

Enforceability of Obligations. This Amendment and the Credit Agreement Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person the Borrower in accordance with their its terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore may be therefor maybe brought.

Appears in 1 contract

Samples: Memorandum of Modification Agreement (Virco MFG Corporation)

Enforceability of Obligations. This Amendment and the Credit Agreement Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person the Borrower in accordance with their its terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Credit Agreement (Virco MFG Corporation)

Enforceability of Obligations. This Amendment and the Credit Agreement Agreement, as amended hereby hereby, constitute the legal, valid and binding obligations of each of the Borrowers Borrower enforceable against such Person the Borrower in accordance with their respective terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit Agreement (California Steel Industries Inc)

Enforceability of Obligations. This Amendment and the Credit Agreement and the other Credit Documents as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers Company enforceable against such Person the Company in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaman Corp)

Enforceability of Obligations. This Amendment and the Credit Agreement as amended hereby constitute the legal, valid and binding obligations of each of the Borrowers enforceable against such Person in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, 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 therefore therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

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