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 134 contracts
Samples: Purchase Agreement (Biodel Inc), Purchase Agreement (Westmountain Gold, Inc.), Purchase Agreement (American Bio Medica Corp)
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 129 contracts
Samples: Purchase Agreement (One World Products, Inc.), Purchase Agreement (Phio Pharmaceuticals Corp.), Purchase Agreement (Microvision, 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 97 contracts
Samples: Common Stock Purchase Agreement (Spectrascience Inc), Common Stock Purchase Agreement (Kingthomason Group Inc), Common Stock Purchase Agreement (O2diesel Corp)
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
Samples: Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Box Ships Inc.), Securities Purchase Agreement (Paragon Shipping Inc.)
Validity; Enforcement. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Investor such Buyer and is a valid and binding agreement of the Investor such Buyer enforceable against the Investor such 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 35 contracts
Samples: Securities Purchase Agreement (Intraware Inc), Securities Purchase Agreement (Intelect Communications Inc), Securities Purchase Agreement (Perfumania 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 30 contracts
Samples: Common Stock Purchase Agreement (Cardica Inc), Common Stock Purchase Agreement (Aastrom Biosciences Inc), Common Stock Purchase Agreement (NeoStem, 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 30 contracts
Samples: Purchase Agreement (eFFECTOR Therapeutics, Inc.), Purchase Agreement (PaxMedica, Inc.), Purchase Agreement (Veru 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 12 contracts
Samples: Note Purchase Agreement (Inpixon), Securities Purchase Agreement (Sysorex, Inc.), Note Purchase Agreement (Inpixon)
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
Samples: Purchase Agreement (Regis Corp), Purchase Agreement (Regis Corp), Purchase Agreement (Smith & Wesson Holding Corp)
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
Samples: Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships 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 6 contracts
Samples: Purchase Agreement (Unity Biotechnology, Inc.), Purchase Agreement (Rezolute, 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 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
Samples: 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 4 contracts
Samples: Purchase Agreement (Oncobiologics, Inc.), Purchase 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 4 contracts
Samples: Purchase Agreement (Sunhydrogen, Inc.), Purchase Agreement (Sunhydrogen, Inc.), Purchase Agreement (Sunhydrogen, 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
Samples: Funding Agreement (Firepond, Inc.), Funding Agreement (Firepond, Inc.), Conversion Agreement (A-Power Energy Generation Systems, Ltd.)
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
Samples: Exchange Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC), Exchange Agreement (Kadmon Holdings, LLC)
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
Samples: Purchase Agreement (Aclaris Therapeutics, Inc.), Purchase Agreement (vTv Therapeutics Inc.), Equity Line Agreement (Senseonics Holdings, 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
Samples: 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 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
Samples: Purchase Agreement Purchase Agreement (Ocuphire Pharma, Inc.), Purchase Agreement Purchase Agreement (Endologix Inc /De/), Purchase Agreement (Axsome Therapeutics, 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
Samples: 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 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
Samples: Purchase Agreement (Onconova Therapeutics, Inc.), Securities Purchase Agreement (Cytosorbents Corp)
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 agreements of the Investor enforceable against the Investor in accordance with its their 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
Samples: Purchase Agreement (BioLineRx Ltd.), Purchase Agreement (BioLineRx Ltd.)
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
Samples: Amendment and Exchange Agreement (FP Tech Holdings, LLC), Amendment and Exchange Agreement (Firepond, 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 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
Samples: Securities Purchase Agreement (Brickell Biotech, Inc.), Securities 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 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
Samples: Exchange Agreement (Metalico Inc), Form of Exchange Agreement (Metalico 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
Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, 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
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.. NY 244821619v5
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
Samples: Purchase Agreement (iBio, Inc.)
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 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 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 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
Samples: Second Amendment and Exchange Agreement (Image Entertainment 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.. (g)
Appears in 1 contract
Samples: Execution Copy 152422163 152422163 152422163 Purchase Agreement (Aquestive Therapeutics, Inc.)
Validity; Enforcement. This Agreement has and each of the Transaction Documents have been duly and validly authorized, executed and delivered by or on behalf of the Investor and is a constitute the legal, valid and binding agreement obligation 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 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 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
Samples: Notice of Redemption and Settlement Agreement (Advaxis, Inc.)
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
Samples: 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 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' Investors’ rights and remedies.
Appears in 1 contract
Samples: Note Purchase Agreement (Clever Leaves Holdings 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
Samples: Share and Warrant Subscription Agreement (Mitel Networks Corp)
