Due Execution, Validity, Enforceability. This Loan Agreement and the Pledge Agreement have been duly executed and delivered by the Lender, and each constitutes a valid and legally binding obligation of the Lender, enforceable in accordance with its terms.
Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which the Borrower is a party has been duly executed and delivered by the Borrower and each constitutes the valid and legally binding obligation of the Borrower, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.
Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which any Loan Party is a party has been duly executed and delivered by the Loan Party that is a party thereto and each constitutes the valid and legally binding obligation of such Borrower or such other Loan Party that is a party thereto, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.
Due Execution, Validity, Enforceability. This Agreement has been duly executed and delivered by each Borrower and constitutes, and the Notes and each of the Security Documents to be executed by a Borrower, upon execution and delivery by such Borrower in accordance with the terms hereof, will constitute, the valid and legally binding obligation and agreement of such Borrower, as the case may be, enforceable in accordance with its terms.
Due Execution, Validity, Enforceability. The Loan Documents have each been duly executed and delivered by Borrower and each constitutes the valid and legally binding obligation of Borrower, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion; provided, however, that such laws shall not materially interfere with the practical realization of the benefits of the Security Documents or the Liens created thereby, except for: (i) possible delay, (ii) situations which may arise under Chapter 11 of the Bankruptcy Code, (iii) equitable orders of the Bankruptcy Court and (iv) general principles of equity in the enforcement of creditors' rights.
Due Execution, Validity, Enforceability. This Agreement, the Promissory Note, and other loan documents to which Borrower is a party (collectively, the “Loan Documents”), have been or when delivered hereunder will have been, duly executed and delivered by Borrower. The Loan Documents are the legal, valid and binding obligations of Borrower, enforceable against Borrower in accordance with their terms.
Due Execution, Validity, Enforceability. This Agreement has been, and each of the Notes and each other Loan Document has been or when delivered hereunder will have been, duly executed and delivered by each of the Borrower and each Subsidiary Guarantor party thereto. This Agreement is, and each of the Notes and each other Loan Document has been or when delivered hereunder will be, the legal, valid and binding obligation of each of the Borrower and each Subsidiary Guarantor party thereto, enforceable against the Borrower or such Subsidiary Guarantor in accordance with its terms, except to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights and by equitable principles (regardless of whether enforcement is sought in equity or at law).
Due Execution, Validity, Enforceability. This Agreement and each other Fleet Loan Document has been duly executed and delivered by the Borrower and each constitutes the valid and legally binding obligation of the Borrower, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insol vency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specif- ic performance and other equitable remedies are subject to judicial discretion.
Due Execution, Validity, Enforceability. This Agreement and each other Loan Document executed and delivered by the Borrower has been duly executed and delivered by the Borrower, and each constitutes the valid and legally binding obligation of the Borrower, enforceable against it in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally or by the availability of equitable remedies.
Due Execution, Validity, Enforceability. Each of the Loan Documents, including, without limitation, this Amended and Restated Loan Agreement, the Amended and Restated Promissory Note and the Amended and Restated Pledge Agreement, have been duly executed and delivered by the Borrower; and each constitutes the valid and legally binding obligation of the Borrower, enforceable in accordance with its terms.
