Common use of Execution and Delivery; Enforceability Clause in Contracts

Execution and Delivery; Enforceability. This Agreement has been, or prior to its execution and delivery at the Closing, will be, duly and validly executed and delivered by the Company, and each such document constitutes, or will constitute, the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to: (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 5 contracts

Samples: Investment Agreement (Spero Therapeutics, Inc.), Investment Agreement (XOMA Corp), Investment Agreement (Biotechnology Value Fund L P)

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Execution and Delivery; Enforceability. This Each Transaction Agreement has been, or prior to its execution and delivery at the Closing, Closing will be, duly and validly executed and delivered by the Company, and each such document constitutes, or will constitute, the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 4 contracts

Samples: Private Placement Agreement (Trinity Place Holdings Inc.), Investment Agreement (Trinity Place Holdings Inc.), Investment Agreement (Cache Inc)

Execution and Delivery; Enforceability. This Agreement has been, or prior to its execution and delivery at the Closing, Closing will be, duly and validly executed and delivered by the CompanyInvestor, and each such document constitutes, or will constitute, the valid and binding obligation of the CompanyInvestor, enforceable against the Company Investor in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Investment Agreement (Biotechnology Value Fund L P), Investment Agreement (XOMA Corp)

Execution and Delivery; Enforceability. This Agreement has been, or prior to its execution and delivery at the Closing, Closing will be, duly and validly executed and delivered by the Companyeach Investor, and each such document constitutes, or will constitute, the valid and binding obligation of the Companysuch Investor, enforceable against the Company such Investor in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Investment Agreement (XOMA Corp), Investment Agreement (Cidara Therapeutics, Inc.)

Execution and Delivery; Enforceability. This Each Transaction Agreement has been, or prior to its execution and delivery at the Closing, Closing Date will be, duly and validly executed and delivered by the Company, and each such document constitutes, or will constitute, the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Investment Agreement (Trinity Place Holdings Inc.)

Execution and Delivery; Enforceability. This Agreement has been, or prior to its execution and delivery at the Closing, will be, duly and validly executed and delivered by the Company, and each such document constitutes, or will constitute, the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to: (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors' rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Investment Agreement (Cti Biopharma Corp)

Execution and Delivery; Enforceability. This Agreement and each other Investment Agreement has been, or prior to its execution once executed and delivery at delivered by the Closing, Company will be, duly and validly executed and delivered by the Company, and each such document constitutes, or will constitute, the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to: terms, except that such enforceability may be limited by (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Standby Purchase Agreement (Golden Queen Mining Co LTD)

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Execution and Delivery; Enforceability. This Agreement has been, or prior to its execution and delivery at the Closing, Closing will be, duly and validly executed and delivered by the Companyeach Investor, and each such document constitutes, or will constitute, the valid and binding obligation of the Companyeach Investor, enforceable against the Company such Investor in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Investment Agreement (Spero Therapeutics, Inc.)

Execution and Delivery; Enforceability. This Each Transaction Agreement has been, or prior to its execution and delivery at the Closing, will be, duly and validly executed and delivered by the Company, and each such document constitutes, or will constitute, the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors' rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Investment Agreement (S&W Seed Co)

Execution and Delivery; Enforceability. This Agreement has been, or prior to its execution and delivery at the Closing, Closing will be, duly and validly executed and delivered by the Companyeach Investor, and each such document constitutes, or will constitute, the valid and binding obligation of the Companyeach Investor, enforceable against the Company such Investor in accordance with its terms subject to: to (i) bankruptcy, insolvency, moratorium and other similar laws now or hereafter in effect relating to or affecting creditors' rights generally, and (ii) general principles of equity (regardless of whether considered in a proceeding at law or in equity).

Appears in 1 contract

Samples: Investment Agreement (Cti Biopharma Corp)

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