Common use of Legality and Enforceability Clause in Contracts

Legality and Enforceability. Assuming due execution and delivery thereof by each other party thereto, each Finance Document to which the Borrower is a party constitutes or, when executed and delivered by the Borrower and all other parties to the relevant Finance Document, will constitute, the legal, valid and binding obligation of the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by (a) applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws affecting creditors’ rights generally and (b) general equitable principles regardless of whether the issue of enforceability is considered in a proceeding in equity or at law.

Legality and Enforceability. Assuming due execution and delivery thereof by each other party thereto, each Finance Document to which the Borrower NEXT is a party constitutes or, when executed and delivered by the Borrower NEXT and all other parties to the relevant Finance Document, will constitute, the legal, valid and binding obligation of the Borrower NEXT enforceable in accordance with its terms, except as the enforceability thereof may be limited by (ai) applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws affecting creditors’ rights generally and (bii) general equitable principles regardless of whether the issue of enforceability is considered in a proceeding in equity or at law.