Execution and Delivery; Enforceability. This Agreement and each other Transaction Agreement will be, at or prior to the Closing Date, duly and validly executed and delivered by the Company, and each such Transaction Agreement constitutes, or, when executed and delivered, will constitute, a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as may be limited by the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or similar laws affecting the enforcement of creditors’ rights generally, and subject to principles of equity and public policy.
Appears in 6 contracts
Sources: Investment Agreement (BlueLinx Holdings Inc.), Investment Agreement (Builders FirstSource, Inc.), Support Agreement (Builders FirstSource, Inc.)
Execution and Delivery; Enforceability. This Agreement is and each other Transaction Agreement will be, at or prior to the Closing Date, duly and validly executed and delivered by the Company, and each such Transaction Agreement constitutes, or, when executed and delivered, will constitute, a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as may be limited by the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or similar laws affecting the enforcement of creditors’ rights generally, and subject to principles of equity and public policy.
Appears in 5 contracts
Sources: Standby, Securities Purchase and Debt Conversion Agreement (Barnes & Noble Education, Inc.), Standby, Securities Purchase and Debt Conversion Agreement (Immersion Corp), Standby, Securities Purchase and Debt Conversion Agreement
Execution and Delivery; Enforceability. This Agreement is and each other Transaction Agreement will be, at or prior to the Closing DateClosing, duly and validly executed and delivered by the Company, and this Agreement constitutes and each such other Transaction Agreement constitutes, or, when executed and delivered, will constitute, a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforcement may be limited by the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or similar laws affecting the enforcement of creditors’ rights generally, and subject to or by general principles of equity and public policyequity.
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