Common use of Enforceability of Agreements Clause in Contracts

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the 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 by Applicable Law or public policy considerations in respect thereof, and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to be material to the Company.

Appears in 10 contracts

Samples: Underwriting Agreement (Draganfly Inc.), Underwriting Agreement (GREAT PANTHER MINING LTD), Underwriting Agreement (Northern Dynasty Minerals LTD)

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Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the 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 by Applicable Law or public policy considerations in respect thereof, and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to be material to the Company.

Appears in 6 contracts

Samples: Underwriting Agreement (GREAT PANTHER MINING LTD), Underwriting Agreement (Taseko Mines LTD), Underwriting Agreement (Northern Dynasty Minerals LTD)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses 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, principles and (ii) the indemnification provisions of certain agreements may be limited by Applicable Law federal or state securities laws or public policy considerations in respect thereof, and except for any other potentially unenforceable term unenforceability that, individually or in the aggregate, would not reasonably be expected to be material to the Companyhave a Material Adverse Effect.

Appears in 4 contracts

Samples: Sales Agreement (Akebia Therapeutics, Inc.), Akebia Therapeutics, Inc., Akebia Therapeutics, Inc.

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses 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, principles and (ii) the indemnification provisions of certain agreements may be limited by Applicable Law federal or state securities laws or public policy considerations in respect thereof, and except for any other potentially unenforceable term unenforceability that, individually or in the aggregate, would not reasonably be expected to be material to the Companyhave a Material Adverse Effect.

Appears in 4 contracts

Samples: Sales Agreement (Ocugen, Inc.), Sales Agreement (Ocugen, Inc.), Ocugen, Inc.

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the 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 by Applicable Law or public policy considerations in respect thereof, and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to be material to the Company.

Appears in 3 contracts

Samples: Seabridge Gold Inc, Seabridge Gold Inc, Seabridge Gold Inc

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the 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 by Applicable Law or public policy considerations in respect thereof, and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to be material to the Company.

Appears in 3 contracts

Samples: Underwriting Agreement (Draganfly Inc.), Underwriting Agreement (Energy Fuels Inc), Underwriting Agreement (Energy Fuels Inc)

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Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses are to our knowledge 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 by Applicable Law or public policy considerations in respect thereof, and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to be material to the Company.

Appears in 2 contracts

Samples: Underwriting Agreement (Vista Gold Corp), Underwriting Agreement (Vista Gold Corp)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses 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 by Applicable Law federal, state or provincial securities laws or public policy considerations in respect thereof, and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to be material to the Companyhave a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses 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 principles (ii) to the extent that the indemnification provisions of certain agreements may be limited by Applicable Law federal or state securities Laws or public policy considerations in respect thereof, ; and except (iii) for any other potentially unenforceable term unenforceability that, individually or in the aggregate, would not reasonably be expected to be material to the Companyhave a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ur-Energy Inc)

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