Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 144 contracts
Sources: Strata Purchase Agreement (Mobile Global Esports, Inc.), Strata Purchase Agreement (Vocodia Holdings Corp), Strata Purchase Agreement (Specificity, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 139 contracts
Sources: Purchase Agreement (Sky Quarry Inc.), Purchase Agreement (Tonix Pharmaceuticals Holding Corp.), Purchase Agreement (Aqua Metals, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor Buyer and is a valid and binding agreement of the Investor Buyer enforceable against the Investor Buyer in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 98 contracts
Sources: Common Stock Purchase Agreement, Common Stock Purchase Agreement (Neogenomics Inc), Common Stock Purchase Agreement (Bionovo Inc)
Validity; Enforcement. This Agreement has and the other Transaction Documents have been duly and validly authorized, executed and delivered on behalf of the Investor and each is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 39 contracts
Sources: Purchase Agreement (Aspira Women's Health Inc.), Purchase Agreement (Dolphin Entertainment, Inc.), Purchase Agreement (X4 Pharmaceuticals, Inc)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a constitutes the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and to or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 38 contracts
Sources: Stock Purchase Agreement (Alset Inc.), Stock Purchase Agreement (Alset Inc.), Securities Purchase Agreement (mCloud Technologies Corp.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 18 contracts
Sources: Note Purchase Agreement (XTI Aerospace, Inc.), Note Purchase Agreement (Inpixon), Note Purchase Agreement (Damon Inc.)
Validity; Enforcement. This Agreement has and the other Transactional Documents have been duly and validly authorized, executed and delivered on behalf of the Investor and each is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 7 contracts
Sources: Purchase Agreement (Humacyte, Inc.), Purchase Agreement (Workhorse Group Inc.), Purchase Agreement (Lightwave Logic, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a constitutes the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and to or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 6 contracts
Sources: Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed executed, and delivered on behalf of the Investor and is a valid shall constitute the legal, valid, and binding agreement obligations of the Investor enforceable against the Investor in accordance with its respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation liquidation, and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 6 contracts
Sources: Purchase Agreement (American Outdoor Brands Corp), Purchase Agreement (Smith & Wesson Holding Corp), Purchase Agreement (Regis Corp)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its their respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 5 contracts
Sources: Debt Exchange Agreement (Cosmos Holdings Inc.), Debt Exchange Agreement (Cosmos Holdings Inc.), Debt Exchange Agreement (Cosmos Holdings Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a constitutes the legal, valid and binding agreement obligation of the Investor enforceable against the Investor in accordance with its terms, subject except as to enforceability to limited by general equitable principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium and other similar laws relating to, or of general application affecting generally, the enforcement of applicable creditors’ rights and remediesgenerally (“Bankruptcy Exceptions”).
Appears in 5 contracts
Sources: Purchase Agreement (Oncobiologics, Inc.), Exchange Agreement (Oncobiologics, Inc.), Purchase Agreement (Oncobiologics, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor Company and is a valid and binding agreement of the Investor Company enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 5 contracts
Sources: Purchase Agreement (Sunhydrogen, Inc.), Purchase Agreement (Sunhydrogen, Inc.), Purchase Agreement (VNUE, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 4 contracts
Sources: Conversion Agreement (A-Power Energy Generation Systems, Ltd.), Funding Agreement (Firepond, Inc.), Funding Agreement (Firepond, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a constitutes the legal, valid and binding agreement obligation of the Investor Investor, enforceable against the Investor in accordance with its terms, subject except as to such enforceability to general principles of equity and to applicable may be limited by (a) bankruptcy, insolvency, reorganization, moratorium, liquidation and other moratorium or similar laws relating to, or of general applicability affecting generally, the enforcement of applicable creditors’ rights and remedies(b) the application of general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Appears in 3 contracts
Sources: Exchange Agreement (Kadmon Holdings, LLC), Exchange Agreement (Kadmon Holdings, LLC), Waiver and Consent Agreement (Kadmon Holdings, LLC)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the such Investor and is a valid and binding agreement of the such Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 3 contracts
Sources: Purchase Agreement (Ocuphire Pharma, Inc.), Purchase Agreement (Endologix Inc /De/), Purchase Agreement (Axsome Therapeutics, Inc.)
Validity; Enforcement. This Agreement has and the other Transaction Documents have been duly and validly authorized, executed and delivered on behalf of the Investor and is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 3 contracts
Sources: Purchase Agreement (vTv Therapeutics Inc.), Equity Line Agreement (Senseonics Holdings, Inc.), Purchase Agreement (Aclaris Therapeutics, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the such Investor and is a valid and binding agreement of the such Investor enforceable against the such Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 3 contracts
Sources: Exchange Agreement (Ambi Inc), Exchange and Redemption Agreement (Ambi Inc), Redemption and Amendment Agreement (Intraware Inc)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a constitutes the legal, valid and binding agreement obligations of the Investor such Investor, enforceable against the such Investor in accordance with its respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 2 contracts
Sources: Exchange Agreement (Metalico Inc), Exchange Agreement (Metalico Inc)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of such Stockholder and constitutes the Investor and is a legal, valid and binding agreement obligations of the Investor such Stockholder enforceable against the Investor such Stockholder in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and to or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 2 contracts
Sources: Series D Preferred Stock Exchange Agreement (H.I.G. Aert, LLC), Series D Preferred Stock Exchange Agreement (Advanced Environmental Recycling Technologies Inc)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 2 contracts
Sources: Amendment and Exchange Agreement (Firepond, Inc.), Amendment and Exchange Agreement (FP Tech Holdings, LLC)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor Investor, enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 2 contracts
Sources: Securities Purchase Agreement (iBio, Inc.), Securities Purchase Agreement (Brickell Biotech, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the such Investor and is a valid and binding agreement of the such Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Cytosorbents Corp), Purchase Agreement (Onconova Therapeutics, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its their respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)
Validity; Enforcement. This Agreement has and the other Transaction Documents have been duly and validly authorized, executed and delivered on behalf of the Investor and each is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 1 contract
Sources: Purchase Agreement (Genprex, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligation of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Validity; Enforcement. This Agreement has been duly and validly authorized, executed executed, and delivered on behalf of the Investor and is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation liquidation, and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 1 contract
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the each Investor and is a shall constitute the legal, valid and binding agreement obligation of the each Investor enforceable against the each Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Sources: Redemption and Settlement Agreement (Advaxis, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the such Investor and is a constitutes the legal, valid and binding agreement obligations of the such Investor enforceable against the such Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and to or by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Sources: Class 1 Convertible Preferred Share and Warrant Subscription Agreement (Mitel Networks Corp)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and each is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Sources: Purchase Agreement (Freeline Therapeutics Holdings PLC)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitutes the legal, valid and binding agreement obligation of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a constitutes the legal, valid and binding agreement obligation of the Investor enforceable against the Investor in accordance with its terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Validity; Enforcement. This Agreement has been duly and validly authorized, executed executed, and delivered on behalf of the Investor and is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation liquidation, and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ ' rights and remedies.
Appears in 1 contract
Sources: Purchase Agreement (iBio, Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its their respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditorsInvestors’ rights and remedies.
Appears in 1 contract
Sources: Note Purchase Agreement (Clever Leaves Holdings Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a shall constitute the legal, valid and binding agreement obligations of the Investor enforceable against the Investor in accordance with its respective terms, subject except as to such enforceability to may be limited by general principles of equity and or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract
Sources: Second Amendment and Exchange Agreement (Image Entertainment Inc)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor and is a valid and binding agreement of the Investor enforceable against the Investor in accordance with its terms, subject as to enforceability to general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.
Appears in 1 contract