Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 26 contracts
Samples: Underwriting Agreement (Peregrine Pharmaceuticals Inc), Sales Agreement (YRC Worldwide Inc.), Sales Agreement (Stemcells Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable enforceable, in all material respects, in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 12 contracts
Samples: Equity Distribution Agreement (Spire Global, Inc.), Equity Distribution Agreement (Spire Global, Inc.), Equity Distribution Agreement (Clever Leaves Holdings Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 12 contracts
Samples: Sales Agreement (Vivos Therapeutics, Inc.), Sales Agreement (SemiLEDs Corp), Sales Agreement (Torchlight Energy Resources Inc)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 10 contracts
Samples: Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp)
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are are, except as would not have a Material Adverse Effect, legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effectthereof.
Appears in 9 contracts
Samples: NightHawk Biosciences, Inc., Sales Agreement (Cyclacel Pharmaceuticals, Inc.), Synthetic Biologics, Inc.
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Samples: Sales Agreement (Archer Aviation Inc.), Sales Agreement (Blue Star Foods Corp.), Sales Agreement (Ideanomics, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Samples: Equity Distribution Agreement (PowerFleet, Inc.), Equity Distribution Agreement (GenMark Diagnostics, Inc.), Equity Distribution Agreement (GenMark Diagnostics, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Quipt Home Medical Corp.), Equity Distribution Agreement (Oncolytics Biotech Inc), Equity Distribution Agreement (Oncolytics Biotech Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Mohawk Group Holdings, Inc.), Equity Distribution Agreement (Arcimoto Inc), Equity Distribution Agreement (Inseego Corp.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Sales Agreement (Creative Realities, Inc.), Sales Agreement (Acer Therapeutics Inc.), Acer Therapeutics Inc.
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Theratechnologies Inc.), Theratechnologies Inc.
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus Prospectuses are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Aurinia Pharmaceuticals Inc.), Aurinia Pharmaceuticals Inc.
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for (iii) any unenforceability thatunenforceability, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: ARCA Biopharma, Inc., ARCA Biopharma, Inc.
Enforceability of Agreements. To the knowledge Knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: OVERSTOCK.COM, Inc, OVERSTOCK.COM, Inc
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Registration Statement and the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Anworth Mortgage Asset Corp, Anworth Mortgage Asset Corp
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Sunesis Pharmaceuticals Inc), Sales Agreement (Sunesis Pharmaceuticals Inc)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ ' rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (DryShips Inc.), Sales Agreement (Top Tankers Inc.)
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for thereof, or (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Stereotaxis, Inc., Stereotaxis, Inc.
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Asterias Biotherapeutics, Inc.), Underwriting Agreement (Biotime Inc)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable terms that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Compugen LTD), Sales Agreement (Compugen LTD)
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.. Exhibit 1.1
Appears in 1 contract
Samples: Equity Distribution Agreement (Repros Therapeutics Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: OVERSTOCK.COM, Inc
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Equity Distribution Agreement (Repros Therapeutics Inc.)
Enforceability of Agreements. To the knowledge of the Company, all material agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statement and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ ' rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability potentially unenforceable agreements or terms that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Raser Technologies Inc
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Registration Statement, Disclosure Package and the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)
Enforceability of Agreements. To the knowledge of the Company, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except (i) to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws affecting creditors’ rights generally and by general equitable principles and (ii) to the extent that the indemnification provisions of certain agreements may be limited be by federal or state securities laws Laws or public policy considerations in respect thereof thereof; and except (iii) for any unenforceability that, individually or in the aggregate, would not unreasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Ur-Energy Inc
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All current agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal by federal, state or state provincial securities laws or public policy considerations in respect thereof and thereof, except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: VBI Vaccines Inc/Bc
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus (or documents incorporated by reference therein) are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Sales Agreement (Astra Space, Inc.)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company’s knowledge, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof thereof, and except for (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Sales Agreement (Biotime Inc)
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ ' rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof thereof, and except for any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Enforceability of Agreements. To the knowledge of the Company, all All agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited be by federal or state securities laws or public policy considerations in respect thereof and except for or (iii) any unenforceability that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Real Industry, Inc.
Enforceability of Agreements. To Except as disclosed in the knowledge of Registration Statements and the CompanyProspectus, all agreements between the Company and third parties expressly referenced in the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited be federal or state securities laws or public policy considerations in respect thereof and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not unreasonably reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract