Common use of Due Authorization and Enforceability Clause in Contracts

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants and to perform and discharge its obligations hereunder and thereunder; and this Agreement and the Warrants have been duly authorized, executed and delivered by the Company, and each constitutes the valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 5 contracts

Samples: Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.), Underwriting Agreement (Delcath Systems, Inc.)

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Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants Purchase Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Purchase Agreements has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity and limitations on the granting of equitable remedies.

Appears in 2 contracts

Samples: Placement Agency Agreement, Securities Purchase Agreement (NXT-Id, Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, the Subscription Agreements, and the Warrants and to perform and discharge its obligations hereunder and thereunder; and this Agreement and the Warrants have been duly authorized, executed and delivered by the Company, and each constitutes the valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 2 contracts

Samples: Placement Agency Agreement (Delcath Systems, Inc.), Placement Agency Agreement (Delcath Systems, Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Subscription Agreements has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity and limitations on the granting of equitable remedies.

Appears in 2 contracts

Samples: Placement Agency Agreement (Dakota Plains Holdings, Inc.), Northern Oil & Gas, Inc.

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and each of the Warrants Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have each Subscription Agreement has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Samples: Placement Agency Agreement (Delcath Systems Inc)

Due Authorization and Enforceability. The Company has the full right, legal power and authority to enter into this Agreement and the Warrants Subscription Agreements and to perform consummate the transactions contemplated hereby and discharge its obligations hereunder and thereunder; and this thereby. This Agreement and each of the Warrants Subscription Agreements have been duly authorized, executed and delivered by the Company, and each constitutes the constitute valid, legal and binding obligation obligations of the Company, enforceable against the Company in accordance with their respective terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Samples: Agency Agreement (Genta Inc De/)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants Subscription Agreements and the Warrants, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Subscription Agreements has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by public policy and applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Samples: Placement Agency Agreement (American Dg Energy Inc)

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Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Subscription Agreements has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Samples: Placement Agency Agreement (Headwaters Inc)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Warrants Purchase Agreement, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Purchase Agreement has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity and limitations on the granting of equitable remedies.

Appears in 1 contract

Samples: Placement Agency Agreement (Accelerize Inc.)

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, the Subscription Agreements and the Warrants Warrants, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Subscription Agreements has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Appears in 1 contract

Samples: Placement Agency Agreement (Hudson Technologies Inc /Ny)

Due Authorization and Enforceability. The Company has the full right, corporate power and authority to enter into this Agreement Agreement, and the Warrants Subscription Agreement, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Warrants have Subscription Agreement has been duly authorized, executed and delivered by the Company, and each constitutes the a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with their respective its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity (whether applied in equity or in law).

Appears in 1 contract

Samples: Placement Agency Agreement (Hanmi Financial Corp)

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