Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 25 contracts
Samples: Subscription Agreement (UBL Interactive,Inc.), Subscription Agreement (UBL Interactive,Inc.), Subscription Agreement (Attitude Drinks Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Notes being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 14 contracts
Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Notes being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 13 contracts
Samples: Subscription Agreement (Wally World Media, Inc), Subscription Agreement (Aviana, Corp.), Subscription Agreement (Fal Exploration Corp.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 12 contracts
Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 4(c)) and to purchase the Note and Warrants Purchased Securities being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 7 contracts
Samples: Subscription Agreement (Farm Lands of Guinea, Inc.), Subscription Agreement (TK Star Design, Inc.), Subscription Agreement (Aivtech International Group Co.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Note, Warrants and Warrants Additional Investment Rights being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or similar action, and no further consent or authorization of Subscriber or its board of directors directors, members or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 6 contracts
Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Security Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (Cambridge Heart Inc)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Warrant being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 6 contracts
Samples: Subscription Agreement (Clear Skies Solar, Inc), Subscription Agreement (Clear Skies Solar, Inc), Subscription Agreement (Clear Skies Solar, Inc)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Preferred Stock and Warrants being sold to it such Subscriber hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber Subscriber, and the consummation by it such Subscriber of the transactions contemplated hereby and thereby thereby, have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 5 contracts
Samples: Share Purchase and Share Exchange Agreement (Wizard World, Inc.), Subscription Agreement (BeesFree, Inc.), Subscription Agreement (Wizard World, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(c)] and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constituteauthorized and, when executed and delivered, shall constitute a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms hereof or thereof, as the case may be.
Appears in 5 contracts
Samples: Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.), Subscription Agreement (Southern Usa Resources Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Preferred Stock and Warrants being sold to it such Subscriber hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber Subscriber, and the consummation by it such Subscriber of the transactions contemplated hereby and thereby thereby, have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or directors, manager(s), trustee, stockholders, if partners, members or beneficiaries, as applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 4 contracts
Samples: Escrow Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 4.1(c)) and to purchase the Note and Warrants Purchased Securities being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 4 contracts
Samples: Subscription Agreement (Next Graphite, Inc.), Subscription Agreement (Next Graphite, Inc.), Subscription Agreement (Next Graphite, Inc.)
Authorization and Power. Such Subscriber has the requisite legal capacity, power and authority to enter into into, and perform under, this Agreement and to perform under the other Transaction Documents (as defined herein) in Section 5(c), and to purchase the Note and Warrants Securities being sold to it hereundersuch Subscriber hereunder and thereunder. The execution, delivery and performance of this Agreement and performance under the other Transaction Documents by such Subscriber and the consummation by it such Subscriber of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate actionrequisite corporate, partnership or similar action on the part of such Subscriber and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutesdelivered. This Agreement will be, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against such Subscriber in accordance with the terms thereof.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Be Active Holdings, Inc.), Securities Purchase Agreement (Optionable Inc), Securities Purchase Agreement (MusclePharm Corp)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 3 contracts
Samples: Subscription Agreement (China Yongxin Pharmaceuticals Inc.), Subscription Agreement (China Yongxin Pharmaceuticals Inc.), Subscription Agreement (China Yongxin Pharmaceuticals Inc.)
Authorization and Power. Such Each Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) Security Agreement and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents Security Agreement by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed executed, and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, the Subscriber enforceable against the Subscriber in accordance with the terms thereof.
Appears in 3 contracts
Samples: Subscription Agreement (Eastside Distilling, Inc.), Subscription Agreement (Eastside Distilling, Inc.), Subscription Agreement (HII Technologies, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it such Subscriber hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber Subscriber, and the consummation by it such Subscriber of the transactions contemplated hereby and thereby thereby, have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or directors, manager(s), trustee, stockholders, if partners, members or beneficiaries, as applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 3 contracts
Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(c)] and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 3 contracts
Samples: Subscription Agreement (Aethlon Medical Inc), Subscription Agreement (Aethlon Medical Inc), Subscription Agreement (Aethlon Medical Inc)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 4(c)) and to purchase the Note and Warrants Purchased Securities being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 3 contracts
Samples: Subscription Agreement (Gase Energy, Inc.), Subscription Agreement (Great East Energy, Inc.), Subscription Agreement (Flux Technologies, Corp.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board of directors or directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 3 contracts
Samples: Subscription Agreement (GoFish Corp.), Subscription Agreement (BigString CORP), Subscription Agreement (BigString CORP)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or similar action, and no further consent or authorization of Subscriber or its board of directors directors, members or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (Adamis Pharmaceuticals Corp), Subscription Agreement (Nuvel Holdings, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 4(c)) and to purchase the Note and Warrants Purchased Shares being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (CHINA INFRASTRUCTURE CONSTRUCTION Corp), Subscription Agreement (Yesdtc Holdings, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Notes being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Security Agreement (Options Media Group Holdings, Inc.), Subscription Agreement (Wizzard Software Corp /Co)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(a)] and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (Innovative Food Holdings Inc), Subscription Agreement (Ironwood Gold Corp)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(a)] and to purchase the Note and Warrants being sold to it hereunderSecurities. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it Subscriber of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been or will be duly authorized, authorized and executed and when delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a will constitute valid and binding obligation obligations of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (Megawest Energy Corp.), Subscription Agreement (Megawest Energy Corp.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Shares and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board of directors or directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (IdeaEdge, Inc), Subscription Agreement (IdeaEdge, Inc)
Authorization and Power. Such Each Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes, Initial Shares and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners or members, as the case may be, is required. This Agreement has been, and each other document to be signed by the other Transaction Documents have Subscriber hereunder has been or will be, duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, constitutes a valid and binding obligation of such the Subscriber, enforceable against the Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (Viryanet LTD), Subscription Agreement (Viryanet LTD)
Authorization and Power. Such Each Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) Escrow Agreement and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents Escrow Agreement by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed executed, and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, the Subscriber enforceable against the Subscriber in accordance with the terms thereof.
Appears in 2 contracts
Samples: Subscription Agreement (China Media1 Corp.), Subscription Agreement (China Media1 Corp.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(c)] and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants Incentive Shares being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, or members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms hereof and thereof, as the case may be.
Appears in 1 contract
Samples: Subscription Agreement (China Cablecom Holdings, Ltd.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(c)] and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, stockholders is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Clearview Acquisitions, Inc.)
Authorization and Power. Such Each Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate corporate, partnership or limited liability company action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, managers, members, as the case may be, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, the Subscriber enforceable against the Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Silvergraph International Inc)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Shares being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Warrant being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or other action, and no further consent or authorization of Subscriber or its board Board of directors Directors, Managers, partners, officers, stockholders or stockholdersmembers, if applicable, is required. This Agreement and each of the other Transaction Documents have to be executed by Subscriber has been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, constitutes a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Advanced Mineral Technologies, Inc)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Notes being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Stem Cell Innovations, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite legal capacity, power and authority to enter into into, and perform under, this Agreement and to perform under the other Transaction Documents (as defined herein) in Section 5(c), and to purchase the Note and Warrants Securities being sold to it hereunderSubscriber hereunder and thereunder. The execution, delivery and performance of this Agreement and performance under the other Transaction Documents by such Subscriber and the consummation by it Subscriber of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate actionrequisite corporate, partnership or similar action on the part of Subscriber and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutesdelivered. This Agreement will be, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (MEDL Mobile Holdings, Inc.)
Authorization and Power. Such Subscriber has the requisite legal capacity, power and authority to enter into into, and perform under, this Agreement and to perform under the other Transaction Documents (as defined herein) Documents, and to purchase the Note and Warrants Securities being sold to it hereunderit, him or her hereunder and thereunder. The execution, delivery and performance of this Agreement and performance under the other Transaction Documents by such Subscriber and the consummation by it it, him or her of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate actionrequisite corporate, partnership or similar action on the part of such Subscriber and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutesdelivered. This Agreement will be, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite legal capacity, power and authority to enter into into, and perform under, this Agreement and to perform under the other Transaction Documents (as defined herein) Documents, and to purchase the Note and Warrants Securities being sold to it hereundersuch Subscriber hereunder and thereunder. The execution, delivery and performance of this Agreement and performance under the other Transaction Documents by such Subscriber and the consummation by it such Subscriber of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate actionrequisite corporate, partnership or similar action on the part of such Subscriber and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, . This Agreement will be a valid and binding obligation of such Subscriber, enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Petro River Oil Corp.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents ([as defined herein) in Section 5(c)] and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or similar action, and no further consent or authorization of Subscriber or its board of directors directors, members or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 5(c) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinhereinafter defined) and to purchase the Note and Warrants Common Stock being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, authorized and executed and when delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a constitute valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (United States Basketball League Inc)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or similar action, and no further consent or authorization of Subscriber or its board of directors directors, members or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite legal capacity, power and authority to enter into into, and perform under, this Agreement and to perform under the other Transaction Documents (as defined herein) Documents, and to purchase the Note and Warrants Securities being sold to it hereundersuch Subscriber hereunder and thereunder. The execution, delivery and performance of this Agreement and performance under the other Transaction Documents by such Subscriber and the consummation by it such Subscriber of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate actionrequisite corporate, partnership or similar action on the part of such Subscriber and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutesdelivered. This Agreement will be, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 4(c)) and to purchase the Note and Warrants Debentures being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (American Antiquities, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Preferred Stock and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board of directors or directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, authorized and executed and when delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Incentive Shares being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, ,is required. This Agreement and the other Transaction Documents have been duly authorized, ,executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Stone Harbor Investments, Inc.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other 2009 Transaction Documents (as defined herein) and to purchase the Note and Warrants Notes being sold to it hereunder. The execution, delivery and performance of this Agreement and the other 2009 Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other 2009 Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Liberty Star Uranium & Metals Corp.)
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinhereinafter defined) and to purchase the Note Notes, Purchased Shares and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board of directors or directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Form of Subscription Agreement (Marani Brands, Inc.)
Authorization and Power. Such Subscriber has the requisite legal capacity, power and authority to enter into into, and perform under, this Agreement and to perform under the other Transaction Documents (as defined herein) Documents, and to purchase the Note and Warrants Securities being sold to it hereundersuch Subscriber hereunder and thereunder. The execution, delivery and performance of this Agreement and performance under the other Transaction Documents by such Subscriber and the consummation by it such Subscriber of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate actionrequisite corporate, partnership or similar action on the part of such Subscriber and no further consent or authorization of Subscriber or its board of directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have has been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, . This Agreement is a valid and binding obligation of such Subscriber, enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinhereinafter defined) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, is required. This Agreement and the other Transaction Documents have been duly authorized, authorized and executed and when delivered by such Subscriber and constitutes, or shall constitute, when executed and delivered, a constitute valid and binding obligation of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 5(c)) and to purchase the Note and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, stockholders is required. This Agreement and the other Transaction Documents have been duly authorized, executed and when delivered by such Subscriber and constitutesconstitute, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined hereinin Section 3(e)) and to purchase the Note and Warrants Shares being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Samples: Subscription Agreement (Winha International Group LTD)
Authorization and Power. Such Each Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, the Subscriber enforceable against the Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note Notes and Warrants being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or partnership action, and no further consent or authorization of such Subscriber or its board Board of directors or Directors, stockholders, if applicablepartners, members, as the case may be, is required. This Agreement and the other Transaction Documents have been duly authorized, executed and delivered by such Subscriber and each constitutes, or shall constitute, constitute when executed and delivered, a valid and binding obligation of such Subscriber, Subscriber enforceable against such Subscriber in accordance with the terms thereof.
Appears in 1 contract
Authorization and Power. Such Subscriber has the requisite power and authority to enter into and perform this Agreement and the other Transaction Documents (as defined herein) and to purchase the Note and Warrants Warrant being sold to it hereunder. The execution, delivery and performance of this Agreement and the other Transaction Documents by such Subscriber and the consummation by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate or other action, and no further consent or authorization of Subscriber or its board Board of directors Directors or stockholders, if applicable, other management or governing body or equityholders is required. This Agreement and the other Transaction Documents have been duly authorized, executed and and, when delivered by such Subscriber and constitutesSubscriber, or shall constitute, when executed and delivered, a will constitute valid and binding obligation obligations of such Subscriber, enforceable against Subscriber in accordance with the terms thereof.
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