Common use of Power; Binding Agreement Clause in Contracts

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder Each Shareholder within such Group of Shareholders has the legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party party, including, without limitation, any voting agreement, stockholders agreement, stockholder's agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder Shareholder of the transactions contemplated hereby. If such Stockholder Shareholder is married and such StockholderShareholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such StockholderShareholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any other voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.and

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder Shareholder has the legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party including, without limitation, any voting agreement, stockholders agreement, shareholder agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms, subject to the Bankruptcy Exception. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder Shareholder of the transactions contemplated hereby. If such Stockholder Shareholder is married and such StockholderShareholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such StockholderShareholder's spouse, enforceable against such person in accordance with its terms, subject to the Bankruptcy Exception.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, stockholder agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee Trustee who is not a party to this Agreement and whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder Shareholder has ------------------------ the legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party including, without limitation, any voting agreement, stockholders agreement, shareholders agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms. There In the case of Xxxx, there is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder shareholder of the transactions contemplated hereby. If such Stockholder Xxxx is married and such Stockholder's the Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's Xxxx'x spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms. The failure of any Stockholder to honor its obligations hereunder shall not relieve any other Stockholder from its obligations hereunder.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, stockholder agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee who is not a party to this Agreement and whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder Shareholder has the legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party including, without limitation, any voting agreement, stockholders agreement, shareholder agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms, subject to the Bankruptcy Exception. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder Shareholder of the transactions contemplated hereby. If such Stockholder Shareholder is married and such StockholderShareholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such StockholderShareholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party party, including, without limitation, any voting agreement, stockholders agreement, stockholder's agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spousespouse with the same effect and to the same extent as is applicable with respect to such Stockholder, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any trust agreement, voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such a Stockholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder Shareholder has the ------------------------ legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party including, without limitation, any voting agreement, stockholders agreement, shareholder agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee Trustee who is not a party to this Agreement and whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder Shareholder of the transactions contemplated hereby. If such Stockholder Shareholder is married and such StockholderShareholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such StockholderShareholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Each Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party party, including, without limitation, any voting agreement, stockholders agreement, stockholder's agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder Shareholder has the ------------------------ legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party including, without limitation, any voting agreement, stockholders agreement, shareholder agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder Shareholder of the transactions contemplated hereby. If such Stockholder Shareholder is married and such StockholderShareholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such StockholderShareholder's spouse, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.. (c)

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its it terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee Trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms. The failure of any Stockholder to honor it obligations hereunder shall not relieve any other Stockholder from its obligations hereunder.

Power; Binding Agreement. Such Stockholder Shareholder has the legal capacity, power and authority to enter into and perform all of such StockholderShareholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder Shareholder will not violate any other agreement to which such Stockholder Shareholder is a party party, including, without limitation, any voting agreement, stockholders agreement, Shareholder's agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder Shareholder and constitutes a valid and binding agreement of such StockholderShareholder, enforceable against such Stockholder Shareholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder Shareholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder Shareholder of the transactions contemplated hereby. If such Stockholder Shareholder is married and such StockholderShareholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such StockholderShareholder's spousespouse with the same effect and to the same extent as is applicable with respect to such Shareholder, enforceable against such person in accordance with its terms.

Power; Binding Agreement. Such Stockholder has the legal capacity, power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. The execution, delivery and performance of this Agreement by such Stockholder will not violate any other agreement to which such Stockholder is a party including, without limitation, any voting agreement, stockholders agreement, agreement or voting trust, trust or similar agreement. This Agreement has been duly and validly executed and delivered by such Stockholder and constitutes a valid and binding agreement of such Stockholder, enforceable against such Stockholder in accordance with its terms. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby. If such Stockholder is married and such Stockholder's Shares constitute community property, this Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, such Stockholder's spouse, enforceable against such person in accordance with its terms.