Common use of The Underwriting Agreement Clause in Contracts

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 11 contracts

Samples: Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Underwriting Agreement (Diversified Restaurant Holdings, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)

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The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.. (e)

Appears in 8 contracts

Samples: Voting Trust Agreement (Headlands Mortgage Co), Underwriting Agreement (Cornerstone Brands Inc), Underwriting Agreement (Coldwater Creek Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 5 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 3 contracts

Samples: Underwriting Agreement (Vyyo Inc), Underwriting Agreement (Franchise Mortgage Acceptance Co), Underwriting Agreement (Vyyo Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law or applicable public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 2 contracts

Samples: TTM Technologies Inc, Underwriting Agreement (TTM Technologies Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed executed, and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as (i) rights to indemnification and contribution hereunder may be limited by applicable law law, and except as (ii) the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Delta Financial Corp)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is a valid and binding agreement of, of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Scientific Learning Corp)

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The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof that enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the creditors' rights and remedies of creditors generally or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Triad Medical Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Underwriting Agreement (Ibasis Inc)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is a legal, valid and binding agreement of, the Company, enforceable against of the Company enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof extent enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the creditors' rights and remedies of creditors generally or by general equitable principlesprinciples of equity; it being understood that no warranty or representation is being expressed as to the enforceability of the indemnification or contribution provisions contained herein.

Appears in 1 contract

Samples: Underwriting Agreement (Charter Municipal Mortgage Acceptance Co)

The Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law federal or state securities laws or public policy underlying such laws and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Evercel Inc

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