Common use of The Agreement Clause in Contracts

The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 19 contracts

Samples: Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (Scholar Rock Holding Corp)

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The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples regardless of whether considered in a proceeding in equity or at law.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Empire Petroleum Corp)

The Agreement. This Agreement has been duly and validly authorized, executed and delivered byby it and, assuming due authorization, execution and delivery by the other parties thereto, is a the legal, valid and binding agreement of, the Companyobligation of such Noteholder, enforceable in accordance with its terms, terms (except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to or affecting the creditors’ rights generally and remedies subject to general principles of creditors or by general equitable principlesequity).

Appears in 3 contracts

Samples: Subordinated Note Purchase Agreement (Ameriserv Financial Inc /Pa/), Subordinated Note Purchase Agreement (Citizens Financial Services Inc), Subordinated Note Purchase Agreement (Codorus Valley Bancorp Inc)

The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.principles regardless of whether considered in a proceeding in equity or at law. (e)

Appears in 1 contract

Samples: Distribution Agreement (AMERICAN COASTAL INSURANCE Corp)

The Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is a legal, valid and binding agreement of, of the Company, Company enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof extent that enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the creditors’ rights generally and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Sales Agreement (Menlo Therapeutics Inc.)

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The Agreement. This Agreement has been duly and validly authorized, executed and delivered byby it and, assuming due authorization, execution and delivery by the Company, is a the legal, valid and binding agreement of, obligation of the CompanyNoteholder, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to or affecting the creditors’ rights generally and remedies subject to general principles of creditors equity (regardless of whether enforceability is considered in a proceeding in law or by general equitable principlesin equity).

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (HV Bancorp, Inc.)

The Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is constitutes a valid and legally binding agreement of, obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification indemnity hereunder may be limited by applicable law federal or state securities laws and except as the enforcement hereof such enforceability, including rights of indemnification, may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or and other similar laws relating to or affecting the creditors’ rights generally and remedies of creditors or by general equitable principlesprinciples of equity.

Appears in 1 contract

Samples: Sales Agreement (Werewolf Therapeutics, Inc.)

The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the CompanyCompany and the Operating Partnership, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.

Appears in 1 contract

Samples: Gladstone Commercial Corp

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