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 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 by 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 have a Material Adverse Effect.

Appears in 2 contracts

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

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Enforceability of Agreements. All Assuming the valid execution and delivery by the other parties to such agreements, 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 by federal, be federal or state or provincial securities laws or public policy considerations in respect thereof, thereof and except for (iii) any other potentially unenforceable term thatunenforceability, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (PishPosh, Inc.), Common Stock Purchase Agreement (Boxed, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, to the Prospectus extent such agreements are in effect as of the date of this Agreement, 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, principles and (ii) the indemnification provisions of certain agreements may be limited by federal, be federal or state or provincial 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 have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Pedevco Corp), Lightwave Logic, Inc.

Enforceability of Agreements. All Except as disclosed in the Registration Statement and the Prospectuses, all agreements between the Company and third parties expressly referenced in the Registration Statement and 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, principles and (ii) the indemnification provisions of certain agreements may be limited by federal, state or provincial securities laws or public policy considerations in respect thereof, thereof and except for any other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Ym Biosciences Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Prospectus Company on XXXXX, 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 federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: American Superconductor Corp /De/

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and 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 by 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Energy Fuels Inc

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, to the Prospectus extent such agreements are in effect as of the date of this Agreement, 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, principles and (ii) the indemnification provisions of certain agreements may be limited by federal, federal or state or provincial securities laws or public policy considerations in respect thereof, thereof and except for any other potentially unenforceable term unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Schmitt Industries Inc)

Enforceability of Agreements. All agreements between the Company or the Material Subsidiary and third parties expressly referenced in or included or incorporated by reference in the Registration Statement and the Prospectus Offering Documents are legal, valid and binding obligations of the Company or the Material Subsidiary 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 federal, state or provincial securities laws 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 have a be material to the Company or the Material Adverse EffectSubsidiary.

Appears in 1 contract

Samples: Underwriting Agreement (Western Copper & Gold Corp)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and the Prospectus Prospectus, other than such agreements that have been terminated or have expired by their terms, 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 federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Veracyte, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Prospectus Company on XXXXX, 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 federal, federal or state or provincial 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 unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: American Superconductor Corp /De/

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Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and the Prospectus Prospectus, other than such agreements that have expired by their terms, 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 federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Poseida Therapeutics, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement Prospectus, to the extent that such agreements are in effect as of the date of this Agreement (and the Prospectus subsequent dates on which this representation is made), 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, principles and (ii) the indemnification provisions of certain agreements may be limited by federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Helius Medical Technologies, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, to the Prospectus extent such agreements are in effect as of the date of this Agreement, 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 federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Inspira Technologies OXY B.H.N. LTD)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, to the Prospectus extent such agreements are in effect as of the date of this Agreement, 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, principles and (ii) the indemnification and contribution provisions of certain agreements may be limited by federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Blonder Tongue Laboratories Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Registration Statement and Prospectus, to the Prospectus extent such agreements are in effect as of the date of this Agreement, 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, principles and (ii) the indemnification provisions of certain agreements may be limited by federal, federal or state or provincial 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 have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Panbela Therapeutics, Inc.)

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