Common use of Enforceability Clause in Contracts

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 132 contracts

Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Orion Energy Systems, Inc.)

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Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally.

Appears in 18 contracts

Samples: Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Bairnco Corp /De/)

Enforceability. Each Loan Document is constitutes or, when executed and delivered, will constitute a legal, valid and binding obligation of each Obligor Borrower party thereto, enforceable in accordance with its termsterms (subject, except as enforceability may be limited by to enforceability, to applicable bankruptcy, insolvency insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generallygenerally and to general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity)).

Appears in 11 contracts

Samples: Credit Facility Agreement (Bristol Myers Squibb Co), Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 10 contracts

Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), Loan and Security Agreement (American Vanguard Corp), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party party thereto, enforceable against such Loan Party in accordance with its terms, except as enforceability may be limited by subject to bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and general principles of equity, regardless of whether considered in a proceeding in law or in equity.

Appears in 8 contracts

Samples: Loan Agreement (Cooper-Standard Holdings Inc.), Loan and Security Agreement (Cooper-Standard Holdings Inc.), Loan Agreement (Cooper-Standard Holdings Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 8 contracts

Samples: Loan, Security and Guaranty Agreement (Transport America, Inc.), Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Edgen Group Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Borrower party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 7 contracts

Samples: Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Kior Inc), Protective Advance Loan and Security Agreement (Kior Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party party thereto, enforceable against each Loan Party in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles.

Appears in 7 contracts

Samples: Term Loan and Security Agreement (Birks & Mayors Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, fraudulent transfer, reorganization, receivership, moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles.

Appears in 7 contracts

Samples: Credit Agreement (Milacron Holdings Corp.), Credit Agreement (Milacron Holdings Corp.), Term Loan Agreement (Milacron Holdings Corp.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency insolvency, reorganization, moratorium or other similar laws generally affecting the enforcement of creditors’ rights generallyand by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 7 contracts

Samples: Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable against each Obligor in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles.

Appears in 6 contracts

Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, fraudulent conveyance, fraudulent transfer, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 5 contracts

Samples: Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by (i) bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and (ii) with respect to enforceability against Foreign Subsidiaries or under foreign laws, the effect of foreign laws, rules and regulation as they relate to pledges, if any, of Equity Interests in Foreign Subsidiaries and intercompany Debt owed by Foreign Subsidiaries.

Appears in 5 contracts

Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Term Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Credit Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 4 contracts

Samples: Loan and Security Agreement (Lawton Surgery Investment Company, LLC), Loan and Security Agreement (NPMC Holdings, LLC), Loan and Security Agreement (Capella Healthcare, Inc.)

Enforceability. Each Loan Document, and, as of each Credit Date, each Material Underlying Financing Document is a legal, valid and binding obligation of each Obligor Borrower Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 4 contracts

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally or by general principles of equity.

Appears in 3 contracts

Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Obligated Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party that is party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 3 contracts

Samples: Loan and Guaranty Agreement (Seneca Foods Corp), Loan and Guaranty Agreement (Seneca Foods Corp), Loan and Guaranty Agreement (Seneca Foods Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws Laws affecting the enforcement of creditors’ rights generally.

Appears in 3 contracts

Samples: Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party Loan Party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 3 contracts

Samples: Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable against such Obligor in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency fraudulent transfer, insolvency, reorganization, moratorium, administration or similar laws relating to, limiting or otherwise affecting the enforcement of creditors’ rights generallyor by equitable principles or principles of public order relating to enforceability.

Appears in 3 contracts

Samples: Loan Agreement (Conns Inc), Loan and Security Agreement (Conns Inc), Loan Agreement (Conns Inc)

Enforceability. Each Loan Document is a legal, valid valid, and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, or similar laws affecting the enforcement of creditors’ rights generallygenerally and by equitable principles.

Appears in 3 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally. 9.1.4.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Key Tronic Corp), Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc)

Enforceability. Each Loan Document has been executed and delivered by each Company which is a legalparty to it, valid and binding obligation of the Loan Documents are enforceable against each Obligor party thereto, enforceable Company in accordance with its their respective terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement applicable Debtor Relief Laws and general principles of creditors’ rights generallyequity.

Appears in 3 contracts

Samples: Credit Agreement (Deep Down, Inc.), Credit Agreement (Vertex Energy Inc.), Credit Agreement (Deep Down, Inc.)

Enforceability. Each Loan Document is of the Documents constitutes a legal, valid and binding obligation of each Obligor Loan Party that is a party thereto, and is enforceable against such Loan Party in accordance with its termsthe terms thereof, except as to the extent that enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization, or similar laws statutes affecting the enforcement of creditors’ rights generallygenerally and by general principles of equity.

Appears in 2 contracts

Samples: Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except (i) as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and (ii) Section 8.10 may be unenforceable under English law with respect to UK Borrower.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Turtle Beach Corp), Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally, by general principles of equity and by an implied covenant of good faith and fair dealing.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Neff Corp), Second Lien Credit Agreement (Neff Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 2 contracts

Samples: Loan and Security Agreement (United Natural Foods Inc), Term Loan Agreement (United Natural Foods Inc)

Enforceability. Each of the Loan Document Documents to which it is party constitutes a legal, valid and binding obligation of each Obligor party theretoenforceable against it, enforceable in accordance with its terms, except as enforceability may be limited by subject only to bankruptcy, insolvency or similar laws other statutes affecting the enforcement of creditors' rights generallyin general and to general principles of equity under which specific performance and injunctive relief may be refused by a court in its discretion.

Appears in 2 contracts

Samples: Loan Agreement (Gerdau Usa Inc), Loan Agreement (Gerdau Ameristeel Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Samples: Loan and Security Agreement (Monaco Coach Corp /De/), Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)

Enforceability. Each Loan Document is a legalvalid, valid legal and binding obligation of each Obligor such Borrower party thereto, enforceable against such Borrower in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 2 contracts

Samples: Security Agreement (Timber Pharmaceuticals, Inc.), Security Agreement (Timber Pharmaceuticals, Inc.)

Enforceability. Each Loan Document is a constitutes the legal, valid valid, and binding obligation obligations of each Obligor party theretothe Borrower, enforceable in accordance with its termssuch Loan Document’s terms (subject, except as enforceability may be limited by to enforceability, to limitations resulting from bankruptcy, insolvency or insolvency, and other similar laws affecting the enforcement of creditors’ rights generallygenerally and principles of equity).

Appears in 2 contracts

Samples: Secured Revolving Credit Agreement (Black Ridge Oil & Gas, Inc.), Secured Revolving Credit Agreement (Black Ridge Oil & Gas, Inc.)

Enforceability. Each Loan Document is constitutes a legal, valid and legally binding obligation of each Obligor of the Borrower and the Guarantors to the extent it is a party thereto, enforceable in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally.

Appears in 2 contracts

Samples: Year Credit Agreement (Toys R Us Inc), Day Credit Agreement (Toys R Us Inc)

Enforceability. Each of the Loan Document Documents to which it is a legalparty constitutes, or upon execution and delivery will constitute, a valid and binding obligation of each Obligor party thereto, it enforceable against it in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency or insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting the enforcement of creditors’ rights generallygenerally and by general principles of equity.

Appears in 2 contracts

Samples: Fourth Loan Agreement (Liminal BioSciences Inc.), Consolidated Loan Agreement (Liminal BioSciences Inc.)

Enforceability. Each Loan Document is constitutes or, when executed and delivered, will constitute a legal, valid and binding obligation of each Obligor the Company party thereto, enforceable in accordance with its termsterms (subject, except as enforceability may be limited by to enforceability, to applicable bankruptcy, insolvency insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generallygenerally and to general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity)).

Appears in 2 contracts

Samples: Credit Agreement (Bristol Myers Squibb Co), Term Loan Credit Agreement (Bristol Myers Squibb Co)

Enforceability. Each Loan Document to which such Borrower is a party, and, as of each Credit Date, each Material Underlying Financing Document to which such Borrower is a party is a legal, valid and binding obligation of each Obligor party theretosuch Borrower, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 2 contracts

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Enforceability. Each Loan Document to which the Lender is a legal, party constitutes a valid and legally binding obligation of each Obligor party thereto, enforceable against the Lender in accordance with its terms, except as enforceability may be limited by subject only to bankruptcy, insolvency insolvency, winding-up, dissolution, administration reorganization, arrangement or similar laws other statutes or judicial decisions affecting the enforcement of creditors’ rights generallyin general and to general principles of equity, including those under which specific performance and injunctive relief may be refused by a court in its discretion.

Appears in 2 contracts

Samples: Loan Agreement (Liberty Silver Corp), Loan Agreement (Liberty Silver Corp)

Enforceability. Each Loan Document is constitutes a legal, valid and binding obligation of each Obligor party thereto, the Borrower enforceable in accordance with its terms, terms except as enforceability to the extent that enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally.

Appears in 2 contracts

Samples: Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party theretoBorrower, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Loan and Security Agreement (Volt Information Sciences, Inc.), Loan and Security Agreement (Wireless Telecom Group Inc)

Enforceability. Each Loan Document is constitutes or, when executed and delivered, will constitute a legal, valid and binding obligation of each Obligor Borrower party thereto, enforceable in accordance with its termsterms (subject, except as enforceability may be limited by to enforceability, to applicable bankruptcy, insolvency insolvency, reorganization, moratorium or other similar laws affecting the enforcement creditors' rights generally and to general principles of creditors’ rights generallyequity (regardless of whether such enforceability is considered in a proceeding at law or in equity)).

Appears in 2 contracts

Samples: Agreement (Bristol Myers Squibb Co), Credit Facility Agreement (Bristol Myers Squibb Co)

Enforceability. Each Loan Document is a Document, when executed and delivered, will constitute the legal, valid and binding obligation obligations of each Obligor party theretowhich is a party to or bound by such Loan Document, enforceable against such party in accordance with its terms, except as enforceability enforcement may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement rights of creditors’ rights creditors generally.

Appears in 1 contract

Samples: Building Loan Agreement (IMH Financial Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party Loan Party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally or by equitable principles, and save as a Loan Document which is not a Jersey security agreement for the purpose of the Security Interests (Jersey) Law 1983 purports to be taking security in respect to Jersey situate intangible moveable assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally and the availability of remedies.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Inari Medical, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency reorganization, insolvency, fraudulent conveyance or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general principles of equity (regardless of whether enforcement is considered in a proceeding in law or equity). 9.1.4.

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.. 9.1.4

Appears in 1 contract

Samples: Loan and Security Agreement (Super Micro Computer, Inc.)

Enforceability. Each Loan Document is a legal, valid valid, and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, or similar laws affecting the enforcement of creditors' rights generallygenerally and by equitable principles.

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization, moratorium or similar other laws affecting the enforcement of creditors’ rights generallygenerally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Quotient Technology Inc.)

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Enforceability. Each The Loan Document is a Documents constitute legal, valid valid, and binding obligation obligations of each Obligor party Related Party thereto, enforceable against each Related Party in accordance with its their respective terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, or similar other laws affecting of general application relating to the enforcement of creditors’ rights generallyrights.

Appears in 1 contract

Samples: Loan Agreement (Sielox Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor such Guarantor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Cellu Tissue Holdings, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of Borrower and each Obligor Guarantor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Loan Agreement (Audioeye Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by equitable principles or by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

Enforceability. Each Loan Document is constitutes a legal, valid and binding obligation of each Obligor party thereto, Loan Party enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable against such Obligor in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency fraudulent transfer, insolvency, reorganization, moratorium, administration or similar laws affecting the enforcement of relating to or limiting creditors’ rights generallyor by equitable principles or principles of public order relating to enforceability.

Appears in 1 contract

Samples: Loan and Security Agreement (Conns Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and general principles of equity (whether enforcement is sought by proceedings in equity or law).

Appears in 1 contract

Samples: Loan and Security Agreement (Telx Group, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally, subject to general principles of equity, regardless of whether considered in a proceeding in equity or law.

Appears in 1 contract

Samples: Loan Agreement (Superior Essex Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general principles of equity.

Appears in 1 contract

Samples: Loan and Security Agreement (Computer Task Group Inc)

Enforceability. Each Loan Document is a the legal, valid and binding -------------- obligation of the Borrower and each Obligor party theretoGuarantor, enforceable against the Borrower and the Guarantors in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency insolvency, reorganization, fraudulent conveyance, moratorium or other similar laws affecting the enforcement of creditors' rights generally.

Appears in 1 contract

Samples: Credit Agreement (LTC Properties Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and equitable principles (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan and Security Agreement (Agilysys Inc)

Enforceability. Each Loan Document is constitutes or, when executed and delivered, will constitute a legal, valid and binding obligation of each Obligor Credit Party party thereto, enforceable in accordance with its termsterms (subject, except as enforceability may be limited by to enforceability, to applicable bankruptcy, insolvency insolvency, reorganization, moratorium or other similar laws affecting the enforcement creditors' rights generally and to general principles of creditors’ rights generallyequity (regardless of whether such enforceability is considered in a proceeding at law or in equity)).

Appears in 1 contract

Samples: Credit Facility Agreement (Zimmer Holdings Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and equitable principles of general applicability (regardless of whether such enforceability is considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Loan and Security Agreement (United Maritime Group, LLC)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party that is party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Seneca Foods Corp)

Enforceability. Each Subject to the entry of the Confirmation Order and the terms thereof, each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally.. ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general principles of equity.

Appears in 1 contract

Samples: Loan and Security Agreement (Spherion Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by (i) bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and (ii) with respect to enforceability against Foreign Subsidiaries or under foreign laws, the effect of foreign laws, rules and regulation as they relate to pledges, if any, of Capital Stock in Foreign Subsidiaries and intercompany Indebtedness owed by Foreign Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Enforceability. Each Loan Document is constitutes a legal, valid valid, and binding obligation of each Obligor party thereto, enforceable against it in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.subject to

Appears in 1 contract

Samples: Share Purchase Agreement

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party theretoBorrower, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally.

Appears in 1 contract

Samples: Loan and Security Agreement (Xplore Technologies Corp)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.. 45

Appears in 1 contract

Samples: Loan and Security Agreement (Summer Infant, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles relating to enforceability.

Appears in 1 contract

Samples: Loan and Security Agreement (Installed Building Products, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generallygenerally and by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)

Enforceability. Each Loan Document is a legal, valid valid, and binding obligation of each Obligor party Loan Party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization, or similar laws affecting the enforcement of creditors' rights generallygenerally or by general principles of equity (regardless of whether such enforcement is considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Credit Agreement (Freds Inc)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor Loan Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.. 5.4

Appears in 1 contract

Samples: And Guaranty Agreement (U.S. Concrete, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally and the availability of equitable remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Calix, Inc)

Enforceability. Each Loan Document is constitutes or, when executed and delivered, will constitute a legal, valid and binding obligation of each Obligor Borrower party thereto, enforceable in accordance with its termsterms (subject, except as enforceability may be limited by to enforceability, to applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar othersimilar laws affecting the enforcement of creditors’ rights generallygenerally and to general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity)).

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and subject to general principles of equity and good faith and fair dealing, regardless of whether considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Loan and Security Agreement (Habit Restaurants, Inc.)

Enforceability. Each Loan Document is a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except (a) as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally and (b) Section 8.10 may be unenforceable under English law with respect to UK Borrower.

Appears in 1 contract

Samples: Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Enforceability. Each Loan Document is constitutes a legal, valid and binding obligation -------------- agreement of each Obligor party theretothe Borrower, enforceable against the Borrower in accordance with its terms, except as such enforceability may be limited by subject to general principles of equity and to bankruptcy, insolvency or and similar laws affecting the enforcement of creditors' rights generally.

Appears in 1 contract

Samples: Line of Credit Agreement (Netzee Inc)

Enforceability. Each Loan Document is a the legal, valid and binding obligation of each Obligor party theretothe Borrower, enforceable against the Borrower in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency insolvency, reorganization, fraudulent conveyance, moratorium or other similar laws affecting the enforcement of creditors' rights generally.

Appears in 1 contract

Samples: Assignment Agreement (LTC Properties Inc)

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