Common use of Enforceability Clause in Contracts

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 159 contracts

Samples: Indemnification Agreement (Financial Institutions Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (First Marblehead Corp)

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Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generally.

Appears in 54 contracts

Samples: Indemnification Agreement (GrowGeneration Corp.), Indemnification Agreement (BladeLogic, Inc.), Indemnification Agreement (Helicos Biosciences Corp)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, their respective terms except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally, or (b) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

Appears in 42 contracts

Samples: Subscription Agreement, Stock Purchase Agreement, Subscription and Purchase Agreement

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or general equitable principles, and to the extent limited by applicable federal or state securities laws.

Appears in 29 contracts

Samples: Indemnification Agreement (Feldman Mall Properties, Inc.), Indemnification Agreement (Feldman Mall Properties, Inc.), Indemnification Agreement (Maguire Properties Inc)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 26 contracts

Samples: Backstop Commitment Agreement (Condor Hospitality Trust, Inc.), Backstop Commitment Agreement (Condor Hospitality Trust, Inc.), Credit Support Agreement (Sunpower Corp)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement is a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 25 contracts

Samples: Indemnification Agreement (Pultegroup Inc/Mi/), Indemnification Agreement (AmeriHome, Inc.), Indemnification Agreement (Texas Pacific Land Corp)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by equitable principles and applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 19 contracts

Samples: Form of Director Indemnification Agreement (Vistra Energy Corp), Director and Officer Indemnification Agreement (CKE Inc.), Director and Officer Indemnification Agreement (EVERTEC, Inc.)

Enforceability. This AgreementAssuming this Agreement has been duly and validly authorized, when executed and delivered by the parties hereto and thereto other than the Company, this Agreement is duly authorized, executed and delivered by the Company in accordance with constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be enforcement is limited by applicable general equitable principles, or by bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ creditors rights generally.

Appears in 19 contracts

Samples: Subscription Agreement (Bionik Laboratories Corp.), Subscription Agreement (Bionik Laboratories Corp.), Subscription Agreement (Bionik Laboratories Corp.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generallygenerally or general equitable principles, and to the extent limited by applicable federal or state securities laws.

Appears in 17 contracts

Samples: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Vintage Wine Trust Inc), Indemnification Agreement (Maguire Properties Inc)

Enforceability. This AgreementAgreement is and, when executed upon issuance and delivered by the Company delivery thereof in accordance with this Agreement, each Note will be the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 15 contracts

Samples: Credit Agreement (Stanley Works), Credit Agreement (Stanley Works), Credit Agreement (Stanley Black & Decker, Inc.)

Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company it in accordance with its respective terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, moratorium, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generallyright and to the availability of the remedy of specific performance.

Appears in 14 contracts

Samples: Loan Agreement (VIASPACE Inc.), Loan Agreement (Noble Quests Inc), Loan Agreement (VIASPACE Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or equitable principles.

Appears in 13 contracts

Samples: Director Indemnification Agreement (Cardtronics LP), Form of Indemnification Agreement (Summer Infant, Inc.), Indemnification Agreement (Monotype Imaging Holdings Inc.)

Enforceability. This Agreement, when this Agreement has been duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except subject as such to enforceability may be limited by applicable to general principles of equity and to bankruptcy, insolvency, moratorium, reorganization or and other similar laws affecting the enforcement of creditors’ rights generally.;

Appears in 8 contracts

Samples: Subscription Agreement (Omnicity Corp.), Subscription Agreement (Omnicity Corp.), Subscription Agreement (Zoro Mining Corp.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and, assuming that this Agreement constitutes the provisions hereof, shall be a legal, valid and binding obligation of Shareholder, constitutes the legal, valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or fraudulent conveyance and other similar laws of general application affecting the enforcement of creditors’ rights generally.

Appears in 8 contracts

Samples: Exchange Agreement (Liberated Solutions, Inc.), Stock Redemption Agreement (Boly Group Holdings Corp), Stock Redemption and Note Cancellation Agreement (Drone Aviation Holding Corp.)

Enforceability. This Agreement, when executed and delivered by the such Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 8 contracts

Samples: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Ansys Director Indemnification Agreement (Ansys Inc)

Enforceability. This Agreement, when executed and delivered by -------------- the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generally.

Appears in 8 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Director Indemnification Agreement (C Quential Inc), Indemnification Agreement (Digitas Inc)

Enforceability. This Agreement, when executed and delivered by Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Legend Oil & Gas, Ltd.), Letter Agreement (Medlink International, Inc.), Standstill and Forbearance Agreement (Oxis International Inc)

Enforceability. This Each of this Agreement, when the Note, and the Security Agreement has been validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company it in accordance with its respective terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, moratorium, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generallyright and to the availability of the remedy of specific performance.

Appears in 7 contracts

Samples: Loan Agreement (Hemcure Inc), Loan Agreement (Hemcure Inc), Loan Agreement (Voyant International CORP)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by Shareholder and, assuming that this Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, constitutes the legal, valid, and binding obligation of Shareholder, enforceable against the Company Shareholder in accordance with its terms, except as such to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or fraudulent conveyance and other similar laws of general application affecting the enforcement of creditors’ rights generally.

Appears in 7 contracts

Samples: Exchange Agreement (Liberated Solutions, Inc.), Stock Redemption and Note Cancellation Agreement (Drone Aviation Holding Corp.), Stock Redemption Agreement (Ngen Technologies Holdings Corp.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 6 contracts

Samples: Indemnification Agreement (Brownshire Holdings, Inc.), Indemnification Agreement (Brownshire Holdings, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding agreement and obligation of the Company, Company enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by applicable terms subject to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws now or hereafter in effect generally relating to or affecting the enforcement of creditors’ rights generallyrights.

Appears in 5 contracts

Samples: Stock Purchase Agreement (BPZ Energy Inc), Stock Purchase Agreement (BPZ Energy Inc), Stock Purchase Agreement (BPZ Energy Inc)

Enforceability. This Agreement, when executed and delivered by the -------------- Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generally.

Appears in 5 contracts

Samples: Indemnification Agreement (Boron Lepore & Associates Inc), Director Indemnification Agreement (Mac-Gray Corp), Indemnification Agreement (Boron Lepore & Associates Inc)

Enforceability. This Agreement, when Agreement and the Note have been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its respective terms, except in each case as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 5 contracts

Samples: Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.)

Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by each of the Company in accordance with Companies and constitutes the provisions hereof, shall be a legal, valid and legally binding obligation of each of the Company, Companies enforceable against the Company in accordance with its terms, except as such enforceability may be limited by subject to any applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, reorganization or and similar laws of general applicability relating to or affecting the enforcement of creditors’ rights generallygenerally and general equity principles.

Appears in 5 contracts

Samples: Convertible and Subordinated Loan Agreement (Ternium S.A.), Convertible and Subordinated Loan Agreement (Ternium S.A.), Convertible and Subordinated Loan Agreement (Ternium S.A.)

Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by the Company in accordance with the provisions hereof, shall be and it is a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting the enforcement of limiting creditors’ rights generallygenerally or by equitable principles relating to enforceability.

Appears in 5 contracts

Samples: Recapitalization Support Agreement, Interest Deferral Agreement, Interest Deferral Agreement

Enforceability. This Agreement, when duly executed and delivered by on behalf of the Company in accordance with the provisions hereofCompany, shall will be a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratoriumfraudulent transfer, reorganization or reorganization, moratorium and similar laws of general applicability relating to or affecting the creditors' rights generally and to general principles of equity regardless of whether enforcement is sought in a court of creditors’ rights generallylaw or equity.

Appears in 5 contracts

Samples: Subscription Agreement (UHF Inc), Subscription Agreement (UHF Inc), Subscription Agreement (UHF Inc)

Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company it in accordance with its respective terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, moratorium, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generally' right and to the availability of the remedy of specific performance.

Appears in 4 contracts

Samples: Loan Agreement (Legend Media, Inc.), Loan Agreement (Tonga Capital Corp), Loan Agreement (Navidec Financial Services, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company Corporation in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the CompanyCorporation, enforceable against the Company Corporation in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 4 contracts

Samples: Indemnification Agreement (Lifetime Brands, Inc), Indemnification Agreement (Proteostasis Therapeutics, Inc.), Indemnification Agreement (Sba Communications Corp)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Pacific Continental Corp), Common Stock Purchase Agreement (Paid Inc), Common Stock Purchase Agreement (World Energy Solutions, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, Agreement constitutes valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar and other laws of general application affecting the enforcement of creditors’ rights generallygenerally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

Appears in 4 contracts

Samples: Bridge Loan Agreement (Cellular Biomedicine Group, Inc.), Bridge Loan Agreement (Cellular Biomedicine Group, Inc.), Bridge Loan Agreement (Cellular Biomedicine Group, Inc.)

Enforceability. This AgreementAssuming this Agreement has been duly and validly authorized, when executed and delivered by the parties hereto and thereto other than the Company, this Agreement is duly authorized, executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be enforcement is limited by applicable general equitable principles, or by bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ creditors rights generally.

Appears in 4 contracts

Samples: Subscription Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Subscription Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Subscription Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Enforceability. This AgreementAssuming this Agreement has been duly and validly authorized, when executed and delivered by the parties hereto and thereto other than the Company, this Agreement as duly authorized, executed and delivered by the Company in accordance with constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be enforcement is limited by applicable general equitable principles, or by bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ creditors rights generally.

Appears in 4 contracts

Samples: Subscription Agreement (Biotricity Inc.), Subscription Agreement (Biotricity Inc.), Subscription Agreement (Biotricity Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsterms to the fullest extent permitted by law, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generally.

Appears in 4 contracts

Samples: Officer Indemnification Agreement (Susa Partnership Lp), Indemnification Agreement (Thomas & Betts Corp), Betts Corporation Indemnification Agreement (Thomas & Betts Corp)

Enforceability. This Agreement, when executed Agreement and delivered by the Company in accordance with Note and the provisions hereof, shall be a legal, transactions contemplated hereby and thereby constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its their respective terms, except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar and other laws of general application affecting the enforcement of creditors’ rights generally, or (b) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Sub-Urban Brands, Inc.), Form of Securities Purchase Agreement (Sub-Urban Brands, Inc.), Form of Securities Purchase Agreement (Sub-Urban Brands, Inc.)

Enforceability. This AgreementAgreement is, and each Note when delivered by the Company hereunder will be, duly executed and delivered by the Company in accordance with and does or will constitute the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, their respective terms except as such enforceability may be limited by applicable general principles of equity and bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generallygenerally and by moratorium laws from time to time in effect.

Appears in 4 contracts

Samples: Credit Agreement (Amerada Hess Corp), Credit Agreement (Amerada Hess Corp), Credit Agreement (Amerada Hess Corp)

Enforceability. This AgreementAgreement and each other Transaction Document will be, when executed and delivered by the Company in accordance with the provisions hereofexecuted, shall be a legal, valid and binding obligation of and enforceable against the Company, enforceable against the Company in accordance with its terms, except as where such enforceability may be limited by (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and (ii) laws relating to the availability of specific performance or injunctive relief.

Appears in 4 contracts

Samples: Note Purchase Agreement (Baidu, Inc.), Note Purchase Agreement (iQIYI, Inc.), Share Purchase Agreement (iQIYI, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.. ​

Appears in 4 contracts

Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 3 contracts

Samples: Indemnification Agreement (Markwest Hydrocarbon Inc), Peoples Energy Corporation Indemnification Agreement (Peoples Energy Corp), Form of Indemnification Agreement (optionsXpress Holdings, Inc.)

Enforceability. This Agreement, when The company has duly executed and delivered this agreement and (subject to its execution by the Company in accordance with the provisions hereof, shall be Consultant) it constitutes a legal, valid and binding obligation agreement of the Company, Company enforceable against the Company in accordance with its termsterms against Company, except as such enforceability may be limited by applicable principles of public policy, and subject to laws of general application relating to bankruptcy, insolvencyinsolvency and the relief of debtors and rules of law governing specific performance, moratorium, reorganization injunctive relief or similar laws affecting the enforcement of creditors’ rights generallyother equitable remedies.

Appears in 3 contracts

Samples: Consulting Services Contract (Nationsrx Inc), Consulting Services Contract With Alec Rossa (Nationsrx Inc), Consulting Services Contract (Nationsrx Inc)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be a and constitutes legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar laws affecting creditors' rights generally or the enforcement availability of creditors’ rights generallyequitable remedies, or except as to the enforceability of indemnification under the 33 Act.

Appears in 3 contracts

Samples: Registration Rights Agreement (Cannapharmarx, Inc.), Registration Rights Agreement (Kisses From Italy, Inc.), Registration Rights Agreement (Sytron Inc)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be will constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar other laws of general applicability affecting the enforcement rights and remedies of creditors’ rights generallycreditors and subject to the availability of the remedy of specific performance or injunctive relief or other equitable remedies being subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company and its successors in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors' rights generally.

Appears in 3 contracts

Samples: Indemnification Agreement (First Years Inc), Indemnification Agreement (Rogers Corp), Indemnification Agreement (Rogers Corp)

Enforceability. This AgreementAgreement has been, when or will be, duly executed and delivered by the Company in accordance with the provisions hereofand constitutes, shall be or will constitute, a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 3 contracts

Samples: Common Stock Subscription Agreement (Loop Industries, Inc.), Subscription Agreement, Common Stock Subscription Agreement (Loop Industries, Inc.)

Enforceability. This AgreementAgreement and the Convertible Note, when each is executed and delivered by the Company in accordance with the provisions hereofCompany, shall be constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or and other similar laws affecting the enforcement creditors' rights generally and to general principles of creditors’ rights generallyequity.

Appears in 3 contracts

Samples: Convertible Note Purchase Agreement (Chalone Wine Group LTD), Convertible Note Purchase Agreement (Domaines Barons De Rothschild /Lafite/), Convertible Note Purchase Agreement (Chalone Wine Group LTD)

Enforceability. This Agreement, Agreement when duly executed and delivered by the Company in accordance with the provisions hereof, shall will be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by equitable principles or by applicable bankruptcy, insolvency, moratorium, reorganization moratorium or similar laws affecting the enforcement of creditors' rights generally.

Appears in 3 contracts

Samples: Credit and Reimbursement Agreement (General Public Utilities Corp /Pa/), Credit and Reimbursement Agreement (General Public Utilities Corp /Pa/), Credit and Reimbursement Agreement (General Public Utilities Corp /Pa/)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws affecting the enforcement of creditors' rights generally, or by general equity principles, including but not limited to principles governing the availability of the remedies of specific performance and injunctive relief.

Appears in 3 contracts

Samples: Tax Sharing Agreement (Equity Residential Properties Trust), Common Stock and Preferred Stock Purchase Agreement (Wellsford Real Properties Inc), Tax Sharing Agreement (Equity Residential Properties Trust)

Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its termsthe terms and conditions hereof, except as such any enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar laws affecting the enforcement of creditors’ rights generallygenerally or by general equitable principles (whether sought in equity or at law).

Appears in 3 contracts

Samples: Subscription, Voting and Redemption Agreement (Exela Technologies, Inc.), Subscription, Voting and Redemption Agreement (Exela Technologies, Inc.), Subscription, Voting and Redemption Agreement (Exela Technologies, Inc.)

Enforceability. This AgreementAssuming due authorization, when executed execution and delivered delivery hereof by the Company in accordance with the provisions hereofother parties hereto, shall be this Agreement constitutes a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting subject to the enforcement of creditors’ rights generallyEnforceability Exceptions.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Papa Murphy's Holdings, Inc.), Agreement and Plan of Merger (Qumu Corp), Agreement and Plan of Merger (Dover Motorsports Inc)

Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with the provisions hereofand, shall be assuming due and valid authorization, execution and delivery by Seller, this Agreement constitutes a legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited affected by applicable bankruptcy, insolvency, moratorium, reorganization or moratorium and other similar laws relating to or affecting the enforcement of creditors' rights generallygenerally and general equitable principles.

Appears in 3 contracts

Samples: Purchase Agreement (P&f Industries Inc), Purchase Agreement (P&f Industries Inc), Purchase Agreement (P&f Industries Inc)

Enforceability. This Agreement, when executed and delivered by the Company Corporation in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the CompanyCorporation, enforceable against the Company Corporation in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generallygenerally or equitable principles.

Appears in 3 contracts

Samples: Indemnification Agreement (American Outdoor Brands, Inc.), Indemnification Agreement (American Outdoor Brands, Inc.), Indemnification Agreement (American Outdoor Brands, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by the Companies Law, the Articles, equitable principles, applicable bankruptcy, désastre, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 3 contracts

Samples: Director Indemnification Agreement (Mimecast LTD), Director Indemnification Agreement (Mimecast LTD), Officer Indemnification Agreement (Mimecast LTD)

Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratorium, reorganization insolvency or other similar laws of general application affecting the enforcement of creditors’ rights generally(except as specified in Section 3.03 below) and general principles of equity.

Appears in 3 contracts

Samples: Stock Repurchase Agreement (Ocwen Financial Corp), Stock Repurchase Agreement (Ocwen Financial Corp), Stock Repurchase Agreement (Ocwen Financial Corp)

Enforceability. This Agreement, when Each of this Agreement and the Warrants has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors' rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Good Guys Inc), Stock Purchase Agreement (Good Guys Inc), Stock and Warrant Purchase Agreement (Good Guys Inc)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be will constitute a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (SMART Global Holdings, Inc.), Stock Purchase Agreement (GoodRx Holdings, Inc.), Common Stock Purchase Agreement (EverCommerce Inc.)

Enforceability. This Agreement, when executed and delivered Agreement has been duly authorized by the Company in accordance with and, upon the provisions hereofconsummation of the transactions contemplated by this Agreement, shall be a constitute the legal, valid valid, and binding obligation obligations of the Company, enforceable against the Company in accordance with its termsthe terms of this Agreement, except as such enforceability may be limited by applicable bankruptcy, fraudulent conveyance, insolvency, reorganization, transfer, moratorium, reorganization and other laws relating to or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and (assuming due execution and delivery by the provisions hereof, shall be Investor) constitutes a legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability that enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement rights of creditors’ rights generallycreditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Investor Rights Agreement (Orla Mining Ltd.), Investor Rights Agreement (Orla Mining Ltd.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and, assuming that this Agreement constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Stockholders, constitutes the legal, valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or fraudulent conveyance and other similar laws of general application affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Redemption Agreement (W Technologies, Inc.), Redemption Agreement (Balance Labs, Inc.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be a and constitutes its legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sunair Services Corp), Asset Purchase Agreement (Sunair Services Corp)

Enforceability. This Agreement, when executed The execution and delivered delivery by the Company of this Agreement and of each Related Agreement, and the issuance and sale by the Company of the Warrants hereunder, will result in accordance with the provisions hereof, shall be a legal, legal and valid and binding obligation obligations of the Company, enforceable against the Company it in accordance with its termsthe respective terms and provisions hereof and thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization moratorium or similar other laws affecting the enforcement of creditors’ creditors rights generally, or by principles of equity, whether applied in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Robotic Vision Systems Inc), Securities Purchase Agreement (Robotic Vision Systems Inc)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and legally binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by subject to (i) applicable bankruptcy, insolvency, fraudulent transfer, moratorium, reorganization or other similar laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and (ii) general principles of equity.

Appears in 2 contracts

Samples: Conversion Agreement (Ener1 Inc), Conversion Agreement (Ener1 Inc)

Enforceability. This Agreement, when executed and delivered Agreement has been duly authorized by the Company in accordance with and, upon the provisions hereofconsummation of the transactions contemplated by this Agreement, shall be a constitute the legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its termsthe terms of this Agreement, except as such enforceability may be limited by applicable bankruptcy, fraudulent conveyance, insolvency, reorganization, transfer, moratorium, reorganization and other laws relating to or similar laws affecting the enforcement of creditors’ rights generallygenerally and by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.)

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Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with the provisions hereof, shall be and is a legal, valid and legally binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except subject, as such enforceability may be limited by applicable to enforcement, to bankruptcy, insolvency, moratorium, reorganization or similar insolvency and other laws affecting the enforcement of creditors’ rights generally.generally and to general principles of equity; and

Appears in 2 contracts

Samples: Share Redemption Agreement (Canada Goose Holdings Inc.), Share Redemption Agreement (Canada Goose Holdings Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement constitutes a legal, legally valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws Laws affecting the enforcement of creditors' rights generallygenerally and (ii) general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law) and judicial discretion.

Appears in 2 contracts

Samples: Eriksen Rochelle K., Medsolutions Inc

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and is the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsthe terms hereof, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Agreement (Guardian Life Insurance Co of America), Agreement (Kennedy-Wilson Holdings, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be Agreement constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to (i) the effects of bankruptcy, insolvency, moratoriumfraudulent conveyance, reorganization reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and (ii) general equitable principles (whether considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Support Agreement (Dynegy Inc.), Support Agreement (Icahn Enterprises L.P.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with Company. This Agreement constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by subject to the effect of (i) applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or other similar laws affecting the enforcement now or hereafter in effect relating to rights of creditors’ rights generallycreditors generally and (ii) rules of law and equity governing specific performance, injunctive relief and other equitable remedies.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Carrier Access Corp), Agreement and Plan of Merger (Force10 Networks Inc)

Enforceability. This AgreementAgreement is a valid, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, terms except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, 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: Multi Draw Credit Agreement (Emerald Bioscience, Inc.), Multi Draw Credit Agreement (Nemus Bioscience, Inc.)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by an authorized officer of the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization bankruptcy laws or similar laws affecting the enforcement by general principles of creditors’ rights generallyequity (whether considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Working Interest Agreement (Vivakor, Inc.), Working Interest (Vivakor, Inc.)

Enforceability. This AgreementAgreement has been duly authorized, when and executed and delivered by the Company in accordance with and, assuming due authorization, execution and delivery hereof by the provisions hereofPurchaser and the Purchaser Subsidiary, shall be constitutes a legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumfraudulent transfer, reorganization reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally or by equitable principles relating to enforceability.

Appears in 2 contracts

Samples: Investment Agreement (Brookfield Asset Management Inc.), Investment Agreement (American Equity Investment Life Holding Co)

Enforceability. This Agreement, when Agreement has been validly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its respective terms, except as such enforceability may be limited by subject to applicable bankruptcy, insolvency, moratorium, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generallyright and to the availability of the remedy of specific performance.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Eugene Science), Note and Warrant Purchase Agreement (Eugene Science)

Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization insolvency or similar other laws affecting creditors' rights generally or by limitations on the enforcement availability of creditors’ rights generallyequitable remedies.

Appears in 2 contracts

Samples: Convertible Note Conversion Agreement (Equicap Inc), Debenture Conversion Agreement (Intrac Inc)

Enforceability. This Letter Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Letter Agreement (Golden Queen Mining Co LTD), Letter Agreement (Golden Queen Mining Co LTD)

Enforceability. This Agreement, when this Agreement has been duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation obligations of the Company, Company enforceable against the Company in accordance with its terms, except subject as such to enforceability may be limited by applicable to general principles of equity and to bankruptcy, insolvency, moratorium, reorganization or and other similar laws affecting the enforcement of creditors' rights generally.;

Appears in 2 contracts

Samples: Private Placement Subscription Agreement (Power Air Corp), Subscription Agreement (I-Level Media Group Inc)

Enforceability. This Agreement, when Agreement has been duly and validly -------------- executed and delivered by Company, constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement rights of creditors’ rights generallycreditors generally and legal and equitable limitations on the availability of specific remedies.

Appears in 2 contracts

Samples: Restructuring Agreement (Teletouch Communications Inc), Restructuring Agreement (Teletouch Communications Inc)

Enforceability. This Agreement, when executed Agreement and delivered by the Company in accordance with the provisions hereof, shall be a Note are legal, valid and binding obligation obligations of the Company, enforceable against the Company it in accordance with its their terms, and any other instrument or agreement required hereunder, when executed and delivered, will be similarly valid, binding and enforceable, except as such enforceability to the extent that the enforcement thereof may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization or other similar laws generally affecting the enforcement of creditors’ rights generallyand principles of equity applicable to the availability of the remedy of specific performance.

Appears in 2 contracts

Samples: Credit Agreement (Northwest Natural Gas Co), Credit Agreement (Northwest Natural Gas Co)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generallygenerally and general principles of equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (William Lyon Homes), Stock Purchase Agreement (Lyon William H)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable subject to bankruptcy, insolvency, moratoriumfraudulent transfer and conveyance, reorganization or reorganization, moratorium and similar laws Laws of general applicability affecting creditors rights and general principles of equity (the enforcement of creditors’ rights generally“Bankruptcy and Equity Exceptions”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Steel Connect, Inc.), Agreement and Plan of Merger (Steel Partners Holdings L.P.)

Enforceability. This Agreement, when Agreement and each Warrant between the Company and the Purchasers has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Disaboom, Inc.), Securities Purchase Agreement (Disaboom, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, their respective terms except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally; or (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

Appears in 2 contracts

Samples: Shareholder Agreement, Shareholder Agreement

Enforceability. This AgreementAgreement is, and each other Transaction Document will when executed and delivered by the Company in accordance with the provisions hereofbe, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its their respective terms, except as where such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Share Subscription Agreement (WuXi PharmaTech (Cayman) Inc.), Note Purchase Agreement (WuXi PharmaTech (Cayman) Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization or similar laws fraudulent conveyance, and any other Laws of general application affecting the enforcement of creditors’ rights generally, and as limited by Laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

Appears in 2 contracts

Samples: Share Purchase Agreement (Mercurity Fintech Holding Inc.), Share Purchase Agreement (Su Tuo)

Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such to the extent that enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar and other laws affecting the enforcement of creditors' rights generallygenerally and by general principles of equity.

Appears in 2 contracts

Samples: Roll Over Agreement (Physicians Specialty Corp), Roll Over Agreement (Physicians Specialty Corp)

Enforceability. This AgreementAgreement and each other Transaction Document constitutes or, when executed and delivered by upon execution, will constitute the Company in accordance with the provisions hereofvalid, shall be a legal, valid legal and binding obligation obligations of the Company, enforceable against the Company in accordance with its their respective terms, except as such enforceability may be limited by subject to any applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of Laws now or hereafter in effect relating to creditors’ rights generallygenerally or to general principles of equity (the “Bankruptcy and Equity Exception”).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Liberated Syndication Inc.), Stock Purchase Agreement (Liberated Syndication Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, legally valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws law affecting the enforcement of creditors’ rights generallygenerally or by general principles of equity.

Appears in 2 contracts

Samples: Indemnification Agreement (Accuride Corp), Indemnification Agreement (Accuride Corp)

Enforceability. This Agreement, when The Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, securities, insolvency, moratorium, reorganization or similar laws relating to, or affecting generally the enforcement of of, creditors’ rights generallyand remedies, or indemnification or by other equitable principles of general application.

Appears in 2 contracts

Samples: Funding Agreement (MEI Pharma, Inc.), Funding Agreement (Infinity Pharmaceuticals, Inc.)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its termsterms to the fullest extent permitted by law, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Indemnification Agreement (Mid-America Apartments, L.P.), Betts Corporation Indemnification Agreement (Thomas & Betts Corp)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, enforceable against the Company and its successors in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 2 contracts

Samples: Indemnification Agreement (Rogers Corp), Indemnification Agreement (Rogers Corp)

Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by the Company in accordance with and, assuming due and valid authorization, execution and delivery by the provisions hereofSellers, shall be constitutes a legal, valid and binding obligation of the Company, enforceable against the Company it in accordance with its terms, except as such enforceability may be limited affected by applicable bankruptcy, insolvency, moratorium, reorganization or moratorium and other similar laws relating to or affecting the enforcement of creditors’ rights generallygenerally and general equitable principles.

Appears in 2 contracts

Samples: Share Repurchase Agreement (Northern Right Capital Management, L.P.), Share Repurchase Agreement (Intevac Inc)

Enforceability. This Agreement, when executed and delivered by the Company in accordance with the provisions hereofCompany, shall be a legal, constitute valid and legally binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, their respective terms except (a) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, reorganization fraudulent conveyance, or similar other laws of general application relating to or affecting the enforcement of creditors’ rights generally., or

Appears in 1 contract

Samples: Subscription Agreement

Enforceability. This Agreement, when executed and delivered by Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding I obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability may be as, limited by applicable (i) bankruptcy, insolvency, moratorium, reorganization insolvency or other similar laws now or hereafter in effect affecting the enforcement of creditors' rights generallyand (ii) the application of equitable principles.

Appears in 1 contract

Samples: Mortgages Purchase Agreement (Community Home Mortgage Corp)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with and the provisions hereofShareholder, shall be and constitutes a legal, valid and binding obligation of the Companyeach of them, enforceable against the Company each of them in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors' rights generallygenerally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ocg Technology Inc)

Enforceability. This Agreement, when executed Upon the execution and delivered delivery of this Agreement by the Company in accordance with parties, this Agreement will be the provisions hereof, shall be a legal, valid and legally binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except subject as such enforceability may be limited by applicable to enforcement only to bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar other laws affecting the enforcement enforceability of creditors' rights generallygenerally or to general equitable principles.

Appears in 1 contract

Samples: Unit Redemption Agreement (Key Technology Inc)

Enforceability. This Agreement, when executed and delivered by Agreement constitutes the Company in accordance with the provisions hereof, shall be a legal, valid valid, and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Settlement and Redemption Agreement (Gtsi Corp)

Enforceability. This Agreement, when Agreement has been duly and validly executed and delivered by on behalf of the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its terms, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratoriumreceivership, reorganization or reorganization, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors' rights and remedies generally, or by general principles governing the enforcement availability of creditors’ rights generallyequitable remedies.

Appears in 1 contract

Samples: Purchase Agreement (Marcum Natural Gas Services Inc/New)

Enforceability. This Agreement, when Agreement has been duly executed and delivered by the Company in accordance with the provisions hereof, shall be and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability the same may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, reorganization moratorium or similar laws affecting the enforcement of creditors’ rights generallygenerally and general equitable principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Interest Purchase Agreement (ChromaDex Corp.)

Enforceability. This AgreementAgreement has been duly authorized, when executed and delivered by each of the Company in accordance with Companies and constitutes the provisions hereof, shall be a legal, valid and legally binding obligation of each of the Company, Companies enforceable against the Company in accordance with its terms, except as such enforceability may be limited by subject to any applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, reorganization or and similar laws of general applicability relating to or affecting the enforcement of creditors’ rights generallygenerally and general equity principals.

Appears in 1 contract

Samples: Convertible and Subordinated Loan Agreement (Ternium S.A.)

Enforceability. This Agreement, when executed and delivered by Agreement is the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company and is enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratoriumreorganization, 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 1 contract

Samples: Agreement Regarding Convertible Notes (Vivus Inc)

Enforceability. This AgreementAgreement (assuming the due authorization, when executed execution and delivered delivery hereof by the Company in accordance with Company) constitutes the provisions hereof, shall be a legal, valid and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the enforcement of creditors’ rights generally.

Appears in 1 contract

Samples: Common Stock Repurchase Agreement (Okumus Fund Management Ltd.)

Enforceability. This Agreement, when this Agreement hasbeen duly executed and delivered by the Company in accordance with and constitutes the provisions hereof, shall be a legal, valid and binding obligation andbinding obligations of the Company, Company enforceable against the Company in accordance inaccordance with its terms, except subject as such to enforceability may be limited by applicable to general principlesof equity and to bankruptcy, insolvency, moratorium, reorganization or and other similar laws affecting lawsaffecting the enforcement of creditors’ rights generally.;

Appears in 1 contract

Samples: Subscription Agreement (Pulse Beverage Corp)

Enforceability. This AgreementAgreement has been duly authorized, when executed and -------------- delivered by and constitutes the Company in accordance with the provisions hereof, shall be a legal, valid and binding obligation of the Company, Company enforceable against the Company in accordance with its termsthe terms hereof, except as such enforceability enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or insolvency and other similar laws affecting the enforcement of creditors' rights generallygenerally and by general equitable principles.

Appears in 1 contract

Samples: Restructuring Agreement (Bibb Co /De)

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