Common use of Enforceability Clause in Contracts

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 8 contracts

Samples: Preferred Stock Purchase Agreement (Richmont Marketing Specialists Inc), Preferred Stock Purchase Agreement (Marketing Specialists Corp), Preferred Stock Purchase Agreement (Marketing Specialists Corp)

Enforceability. This Agreement Each of the Loan Documents has been duly executed and delivered by the Company it and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its such document’s terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and by general equitable principles regardless of (whether such enforceability enforcement is considered sought by proceedings in a proceeding equity or at law or in equity law).

Appears in 6 contracts

Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)

Enforceability. This Agreement has been duly executed and delivered by each of the Company Republic Companies and each constitutes its a legal, valid and binding obligation of each of the Republic Companies, enforceable against it each of the Republic Companies in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 6 contracts

Samples: Merger Agreement (Republic Waste Industries Inc), 3 Merger Agreement (Republic Waste Industries Inc), Merger Agreement (Republic Industries Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Investor and each constitutes its a legal, valid and binding obligation of Investor, enforceable against it Investor in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor's rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Ancor Communications Inc /Mn/), Subscription Agreement (Century Business Services Inc), Securities Purchase Agreement (Netradio Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company Borrower and each constitutes its a legal, valid and binding obligation of the Borrower enforceable against it the Borrower in accordance with its terms, except as the same may be limited by the terms of this Agreement or by subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement enforceability of creditors' rights generally and to general equitable principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law or in equity law.

Appears in 5 contracts

Samples: Credit Agreement (Laboratory Corp of America Holdings), Day Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Enforceability. This Agreement has been duly executed and delivered by the Company Trustee and each this Agreement constitutes its a legal, valid and binding obligation of the Trustee, enforceable against it the Trustee in accordance with its terms, except subject as the same may be limited by the terms of this Agreement or by to enforceability, to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect affecting the enforcement of creditors' rights generally in general and general equitable principles regardless of whether except as such enforceability is may be limited by general principles of equity (whether considered in a proceeding suit at law or in equity ).

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Security Corp /Ut/), Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each (assuming it has been duly authorized, executed and delivered by the Investor) constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except (a) as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally generally, and (b) the indemnity provisions of Section 7 of this Agreement, which may not be enforceable based upon public policy considerations, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Subscription Agreement (Regen Biologics Inc), Subscription Agreement (Regen Biologics Inc), Subscription Agreement (Regen Biologics Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each (assuming it has been duly authorized, executed and delivered by the Investor) constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally generally, the indemnity provisions of Section 7 of this Agreement, which may not be enforceable based upon public policy considerations, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Subscription Agreement (Autobytel Inc), Subscription Agreement (Regen Biologics Inc), Subscription Agreement (Knot Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company an authorized officer of such Party, and each constitutes its is a legal, valid and binding obligation of such Party enforceable against it in accordance with its terms, except as the same enforcement may be limited by the terms of this Agreement or by applicable bankruptcy , insolvency , reorganization, moratorium or insolvency and other similar laws affecting the enforcement of creditors ' rights generally in general and general equitable principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or an action at law or in equity law).

Appears in 5 contracts

Samples: Agreement (Reliant Pharmaceuticals, Inc.), Agreement (Reliant Pharmaceuticals, Inc.), Agreement (Reliant Pharmaceuticals, Inc.)

Enforceability. This Agreement has been duly executed and delivered by the Company Investor and each (assuming it has been duly authorized, executed, and delivered by the Issuer) constitutes its a legal, valid and binding obligation of the Investor, enforceable against it the Investor in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor’s rights generally generally, the indemnity provisions of Section 7 of this Agreement, which may not be enforceable based upon public policy considerations, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Subscription Agreement (Autobytel Inc), Subscription Agreement (Knot Inc), Subscription Agreement (Knot Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Investor and each (assuming it has been duly authorized, executed and delivered by the Issuer) constitutes its a legal, valid and binding obligation of the Investor, enforceable against it the Investor in accordance with its terms, except (a) as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor’s rights generally generally, and (b) the indemnity provisions of Section 7 of this Agreement, which may not be enforceable based upon public policy considerations, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Subscription Agreement (Regen Biologics Inc), Subscription Agreement (Regen Biologics Inc), Subscription Agreement (Regen Biologics Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company and each the Shareholders, and constitutes its the legal, valid and binding obligation of each of them, enforceable against it them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Stock for Asset Purchase Agreement (Aviation Sales Co), Merger Agreement (U S Energy Systems Inc), Merger Agreement (Aviation Sales Co)

Enforceability. This Agreement has been duly executed and delivered by the Company Purchaser and each constitutes its a legal, valid and binding obligation of the Purchaser, enforceable against it the Purchaser in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Florida Panthers Holdings Inc), Asset Purchase Agreement (Fun City Popcorn Inc), Asset Purchase Agreement (Florida Panthers Holdings Inc)

Enforceability. This Agreement has been duly executed and delivered by each Seller, and constitutes the Company and each constitutes its legal, valid and binding obligation of each Seller, enforceable against it each Seller in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Skylynx Communications Inc), Asset Purchase Agreement (Skylynx Communications Inc), Asset Purchase Agreement (Skylynx Communications Inc)

Enforceability. This Agreement (a) It has been duly executed and delivered this Agreement and, upon the execution and delivery of this Agreement by the Company and each constitutes other Party, this Agreement will constitute its legal, valid and binding obligation obligation, enforceable against it in accordance with its terms, terms except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium fraudulent conveyance or similar laws affecting the enforcement of creditors ' rights generally and general or the availability of equitable principles remedies (regardless of whether such enforceability is considered in a proceeding at law or in equity ).

Appears in 4 contracts

Samples: Flash Forward Master Agreement (Sandisk Corp), Flash Alliance Master Agreement (Western Digital Corp), Flash Alliance Master Agreement (Sandisk Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company Purchaser and each constitutes its a legal, valid valid, and binding obligation of Purchaser, enforceable against it Purchaser in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Skylynx Communications Inc), Asset Purchase Agreement (Skylynx Communications Inc), Asset Purchase Agreement (Skylynx Communications Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company such Stockholder and each constitutes its legal, is a valid and legally binding obligation of such Stockholder, enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws affecting the enforcement rights and remedies of creditors' rights generally creditors generally, and subject to general equitable principles regardless or equity, whether applied by a court of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Voting Agreement (National Healthcare Corp), Voting Agreement (National Health Realty Inc), Voting Agreement (Hoenig Group Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Brassie and each constitutes its legal, valid and binding obligation enforceable against it Brassie in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Brassie Golf Corp), Purchase and Sale Agreement (Brassie Golf Corp), 1 Stock Purchase Agreement (Brassie Golf Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company Borrower and each constitutes its a legal, valid and binding obligation of the Borrower enforceable against it the Borrower in accordance with its terms, except as the same may be limited by the terms of this Agreement or by subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar other laws affecting the enforcement of creditors' rights generally and subject to general equitable principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law or in equity law.

Appears in 4 contracts

Samples: Credit Facility Agreement (At&t Corp), Credit Agreement (At&t Corp), Agreement (At&t Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company Purchaser and each constitutes its a legal, valid and binding obligation of Purchaser, enforceable against it Purchaser in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Exchange Agreement and Plan of Reorganization (Make Your Move Inc), Exchange Agreement and Plan of Reorganization (Make Your Move Inc), Stock Purchase Agreement (U S Liquids Inc)

Enforceability. This Agreement has been duly constitutes, and each Note when executed and delivered by the Company and each constitutes its such Borrower will constitute, a legal, valid and binding obligation of such Borrower, enforceable against it such Borrower in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and by general equitable principles regardless of (whether such enforceability enforcement is considered sought by proceedings in a proceeding equity or at law or in equity law).

Appears in 4 contracts

Samples: Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Opportunities LLC), Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Advantage), Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Opportunities LLC)

Enforceability. This Agreement has been duly authorized, executed and delivered by the Company it, and each constitutes its legal, valid and binding obligation agreement enforceable against it in accordance with its terms, except as the same enforceability of this Agreement may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors' creditor’s rights generally and or by general equitable principles regardless principals of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Successor Disbursement Agent Agreement, Successor Agent Agreement (Southcross Energy Partners, L.P.), Resignation and Appointment of Successor Agent Agreement (Francesca's Holdings CORP)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity equity and except as rights to indemnity or contribution hereunder may be limited by Federal or state securities laws.

Appears in 4 contracts

Samples: Subscription Agreement (Lendingtree Inc), Subscription Agreement (Lendingtree Inc), Subscription Agreement (Lendingtree Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its a legal, valid and binding obligation of the Company, enforceable against it the Company in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Paid Inc), Common Stock Purchase Agreement (Pacific Continental Corp), Common Stock Purchase Agreement (World Energy Solutions, Inc.)

Enforceability. This Agreement has been duly executed and delivered by the Company Trustee and each this Agreement constitutes its a legal, valid and binding obligation of the Trustee enforceable against it the Trustee in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect affecting the enforcement of creditors' rights generally in general and general equitable principles regardless of whether except as such enforceability is may be limited by general principles of equity (whether considered in a proceeding suit at law or in equity ).

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Bank One Texas National Association)

Enforceability. This Agreement has been duly authorized, executed and delivered by the Company Transferee and each constitutes its the legal, valid and binding obligation obligations of the Transferee enforceable against it the Transferee in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable subject to bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor’s rights generally and subject to general equitable principles of equity (regardless of whether such enforceability enforcement is considered sought in a proceeding in equity or at law or in equity law).

Appears in 3 contracts

Samples: Securities Exchange and Acquisition Agreement (Your Internet Defender, Inc), Interest Transfer Agreement (Your Internet Defender, Inc), Interest Transfer Agreement (CareView Communications Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Investor and each constitutes its a legal, valid and binding obligation of the Investor, enforceable against it the Investor in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor’s rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Subscription Agreement (Ener1 Inc), Subscription Agreement (Ener1 Inc), Form of Subscription Agreement (Eos International Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Client and each constitutes its a legal, valid and binding obligation of Client enforceable against it in accordance with its terms the terms of this Agreement, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Processing Services Agreement (Hallmark Financial Services Inc), Processing Services Agreement (Hallmark Financial Services Inc), Processing Services Agreement (Hallmark Financial Services Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Kellstrom and each constitutes its a legal, valid and binding obligation of Kellstrom, enforceable against it Kellstrom in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Kellstrom Industries Inc), Stock Purchase Agreement (Kellstrom Industries Inc), Stock Purchase Agreement (Banner Aerospace Inc)

Enforceability. This Agreement has been duly executed and delivered by such Investor and (assuming it has been duly authorized, executed, and delivered by the Company and each Issuer) constitutes its a legal, valid and binding obligation of such Investor, enforceable against it such Investor in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency , fraudulent conveyances, reorganization, moratorium or similar laws from time to time in effect affecting the enforcement of creditors' creditor's rights generally generally, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity , and except for the indemnity provisions of ARTICLE 5 of this Agreement, which may not be enforceable based upon public policy considerations.

Appears in 3 contracts

Samples: Subscription Agreement (Patient Safety Technologies, Inc), Subscription Agreement (Patient Safety Technologies, Inc), Subscription Agreement (Patient Safety Technologies, Inc)

Enforceability. This Agreement Amendment has been duly executed and delivered by the Company Borrower. When this Amendment becomes effective in accordance with its terms, this Amendment and each constitutes its the Credit Agreement (as amended hereby) will be the legal, valid and binding obligation of the Borrower, enforceable against it the Borrower in accordance with its terms, terms except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and by general equitable principles regardless of (whether such enforceability enforcement is considered sought in a proceeding proceedings in equity or at law or in equity law).

Appears in 3 contracts

Samples: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)

Enforceability. This Agreement has been duly executed and delivered by each of the Company AVS Companies and each constitutes its a legal, valid and binding obligation of each of the AVS Companies, enforceable against it each of the AVS Companies in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Merger Agreement (Aviation Sales Co), Stock for Asset Purchase Agreement (Aviation Sales Co), Merger Agreement (Aviation Sales Co)

Enforceability. This Agreement has been duly executed and delivered by each of the Company Republic Companies and each constitutes its their legal, valid and binding obligation enforceable against it each of the Republic Companies in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Merger and Reorganization Agreement (Republic Industries Inc), Merger and Acquisition Agreement (Republic Industries Inc), Merger Agreement (Republic Industries Inc)

Enforceability. This Each of this Agreement and the Warrants has been duly executed and delivered by the Company and each constitutes its a legal, valid and binding obligation of the Company, enforceable against it the Company in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Good Guys Inc), Stock and Warrant Purchase Agreement (Good Guys Inc), Stock Purchase Agreement (Good Guys Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company HomeSeekers and each constitutes its a legal, valid and binding obligation of HomeSeekers, enforceable against it HomeSeekers in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Homeseekers Com Inc), Agreement and Plan of Merger (Homeseekers Com Inc), Agreement and Plan of Merger (Homeseekers Com Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Customer and each constitutes its a legal, valid and binding obligation of Customer enforceable against it in accordance with its terms the terms of this Agreement, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Claims Administration Services Agreement (Inspire Insurance Solutions Inc), Master Services Agreement (Inspire Insurance Solutions Inc), Master Services Agreement (Inspire Insurance Solutions Inc)

Enforceability. This Agreement has been duly executed and delivered by each of AVS and AVSDS, and constitutes the Company and each constitutes its legal, valid and binding obligation of each of them, enforceable against it each of them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Cooperation Agreement (Aviation Sales Co), Cooperation Agreement (Kellstrom Industries Inc), Non Competition Agreement (Aviation Sales Co)

Enforceability. This Agreement has been duly executed and delivered by Purchaser and, assuming due and valid authorization, execution and delivery by Seller and the Company and each Companies, constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Acquisition Agreement (Packaging Dynamics Corp), Acquisition Agreement (Packaging Dynamics Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company Buyer and each constitutes its legal, valid and binding obligation enforceable against it Buyer in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Purchase Agreement (Foundation Health Systems Inc), Purchase Agreement (Advance Paradigm Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Acquired Entity and by each of the Sellers, and constitutes its the legal, valid and binding obligation of each of them, enforceable against it each of them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: 1 Stock Purchase Agreement (Brassie Golf Corp), 1 Stock Purchase Agreement (Brassie Golf Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its a legal, valid and binding obligation of the Company, enforceable against it the Company in accordance with its terms, and the documents delivered to Contributors at the Closing will be duly executed by the Company and enforceable against the Company in accordance with their terms, in each case except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Contribution Agreement (Pan Pacific Retail Properties Inc), Contribution Agreement (Pan Pacific Retail Properties Inc)

Enforceability. This Agreement has been duly executed and delivered by constitutes the Company and each constitutes its legal, valid and binding obligation obligations of PDC, enforceable against it PDC in accordance with its their respective terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity . PDC has the right, power, authority and capacity to execute and deliver this Agreement and to perform its obligations hereunder.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Petroleum Development Corp), Limited Liability Company Agreement (PDC Energy, Inc.)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its legal, Partnership. This Agreement is a valid and legally binding obligation agreement of the Partnership, enforceable against it the Partnership in accordance with its terms, except as the same such enforcement may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws Laws now or hereafter in effect relating to or affecting the enforcement rights and remedies of creditors' rights creditors generally and subject to general equitable principles regardless of equity (whether such enforceability is considered in a proceeding at law or in equity ).

Appears in 2 contracts

Samples: Contribution Agreement, Contribution Agreement (Arc Logistics Partners LP)

Enforceability. This Agreement Each of the Transaction Documents has been duly and validly authorized, executed and delivered by the Company and each constitutes its legal, the valid and binding obligation of the Company, enforceable against it the Company in accordance with its terms, except as the same such enforcement may be limited by the terms of this Agreement or by applicable (i) bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of now or hereafter in effect relating to creditors' rights generally and generally, or (ii) general equitable principles of equity (regardless of whether such enforceability enforcement is considered in a proceeding in equity or at law or in equity law).

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Successories Inc), Preferred Stock Purchase Agreement (Successories Inc)

Enforceability. This Agreement has and the other Transaction Documents have been duly executed and delivered by each Company to which it is a party and constitute the Company and each constitutes its legal, valid and binding obligation of such Company enforceable against it such Company in accordance with its their terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Cornerworld Corp), Stock Purchase Agreement (Cornerworld Corp)

Enforceability. This Agreement has been duly executed and delivered by each of NEC, Hester and the Company Shareholders, and each constitutes its the legal, valid and binding obligation of each of them, enforceable against it them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Datameg Corp), Merger Agreement (Datameg Corp)

Enforceability. This Each of this Agreement and each of the other Transaction Documents to which it is a party has been duly executed and delivered by the Company and each constitutes its a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization moratorium, moratorium reorganization or other similar laws affecting the enforcement of creditors' rights generally and except as enforceability may be limited by general equitable principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law or in equity law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Stone Container Corp), Receivables Sale Agreement (Waste Management Inc /De/)

Enforceability. This Agreement and each Warrant between the Company and the Purchasers has been duly executed and delivered by the Company and each constitutes its a legal, valid and binding obligation of the Company, enforceable against it the Company in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Disaboom, Inc.), Securities Purchase Agreement (Disaboom, Inc.)

Enforceability. This Agreement Performance Guaranty has been duly executed and delivered by on behalf of the Company Performance Guarantor and each constitutes its is the legal, valid and binding obligation agreement of the Performance Guarantor enforceable against it in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar other laws relating to or affecting the enforcement of creditors ' rights generally and general equitable principles regardless of whether except as such enforceability is may be limited by general principles of equity (whether considered in a proceeding suit at law or in equity ).

Appears in 2 contracts

Samples: Performance Guaranty (Triumph Group Inc), Performance Guaranty (Triumph Group Inc)

Enforceability. This Agreement has been duly executed and delivered by such Investor and (assuming it has been duly authorized, executed, and delivered by the Company and each Issuer) constitutes its a legal, valid and binding obligation of such Investor, enforceable against it such Investor in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency , fraudulent conveyances, reorganization, moratorium or similar laws from time to time in effect affecting the enforcement of creditors' creditor’s rights generally generally, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity , and except for the indemnity provisions of Article 7 of this Agreement, which may not be enforceable based upon public policy considerations.

Appears in 2 contracts

Samples: Subscription Agreement (Aeolus Pharmaceuticals, Inc.), Subscription Agreement (Patient Safety Technologies, Inc)

Enforceability. This Agreement Each of the Transaction Documents has been duly executed and delivered by the Company it and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its such document’s terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and by general equitable principles regardless of (whether such enforceability enforcement is considered sought by proceedings in a proceeding equity or at law or in equity law).

Appears in 2 contracts

Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)

Enforceability. This Agreement Supplement has been duly authorized, executed and delivered by the Company undersigned and each of this Supplement and the Guaranty as supplemented hereby constitutes its legal, valid and binding obligation obligation, enforceable against it in accordance with its terms, except as to the same extent the enforceability hereof may be limited by (i) the terms effect of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to or affecting the enforcement rights and remedies of creditors' rights creditors generally and (ii) the effect of general equitable principles regardless of equity, whether such enforceability enforcement is considered in a proceeding in equity or at law or in equity law.

Appears in 2 contracts

Samples: Guaranty (Coinmach Service Corp), Appliance Warehouse of America Inc

Enforceability. This Each of this Agreement and the other Transaction Documents to which it is a party has been duly executed and delivered by the Company it and each constitutes its a legal, valid and binding obligation of it enforceable against it in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization moratorium, moratorium reorganization or other similar laws affecting the enforcement of creditors' rights generally and except as enforceability may be limited by general equitable principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law or in equity law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Stone Container Corp), Receivables Sale Agreement (Waste Management Inc /De/)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Richmont Marketing Specialists Inc), Preferred Stock Purchase Agreement (Marketing Specialists Corp)

Enforceability. This Agreement has been duly executed and delivered by each Parent and Merger Sub, and constitutes the Company and each constitutes its legal, valid and binding obligation of each of them, enforceable against it each of them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, fraudulent transfer or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Katz Media Group Inc), Merger Agreement (Katz Media Group Inc)

Enforceability. This Agreement has and the Ancillary Documents have been duly authorized by all necessary corporate action, executed and delivered by the Company Buyer and each constitutes its constitute the legal, valid and binding obligation of the Buyer, enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Amended and Resated Stock Purchase Agreement (Sequiam Corp), Stock Purchase Agreement (Sequiam Corp)

Enforceability. This Agreement has been duly executed and delivered by Purchaser and, assuming due and valid authorization, execution and delivery by Seller and the Company and each Company, constitutes its the legal, valid and binding obligation of Purchaser, enforceable against it Purchaser in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Silver Point Capital L.P.), Asset Purchase Agreement (U S Energy Systems Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (Interwoven Inc), Form of Subscription Agreement (Eos International Inc)

Enforceability. This Agreement has been duly executed and delivered by each of the Company and each AVS, and constitutes its the legal, valid and binding obligation of each of them, enforceable against it each of them in accordance with its their terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Inventory Purchase Agreement (Aviation Sales Co), Inventory Purchase Agreement (Kellstrom Industries Inc)

Enforceability. This Agreement has been duly executed executed, and delivered by the Company and each constitutes its legal, a valid and binding obligation agreement of the Company, Johnson and McNeil, enforceable against it in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally generally, and by general equitable principles principles, regardless of whether such enforceability enforcement is considered in a proceeding in equity or at law or in equity a law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Entrx Corp), Stock Purchase Agreement (Surg Ii Inc)

Enforceability. This Agreement has been duly executed and delivered by Apollo and the Company Apollo Investors and each constitutes its legal, valid and binding obligation enforceable against it each of them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Standstill Agreement (Apollo Investment Fund Iv Lp), Standstill Agreement (Amc Entertainment Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (Ener1 Inc), Subscription Agreement (Ener1 Inc)

Enforceability. This Agreement has been duly and validly executed and delivered by such Participating Lender, and constitutes the Company and each constitutes its legal, valid and binding obligation of such Participating Lender, enforceable against it in accordance with its terms, except as the same enforceability thereof may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws law affecting the enforcement of creditors ' rights generally and subject to general equitable principles regardless of equity (whether such enforceability enforcement is considered sought by proceeding in a proceeding equity or at law or in equity law).

Appears in 2 contracts

Samples: Registration Rights Agreement (Lannett Co Inc), Registration Rights Agreement (Lannett Co Inc)

Enforceability. This Agreement Guaranty has been duly authorized, executed and delivered by the Company each Guarantor and each constitutes its legal, valid and binding obligation obligation, enforceable against it in accordance with its terms, except as to the same extent the enforceability hereof may be limited by (i) the terms effect of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to or affecting the enforcement rights and remedies of creditors' rights creditors generally and (ii) the effect of general equitable principles regardless of equity, whether such enforceability enforcement is considered in a proceeding in equity or at law or in equity law.

Appears in 2 contracts

Samples: Guaranty (Coinmach Service Corp), Appliance Warehouse of America Inc

Enforceability. This Agreement has been duly executed and delivered by the Company Investor and each (assuming it has been duly authorized, executed, and delivered by the Issuer) constitutes its a legal, valid and binding obligation of the Investor, enforceable against it the Investor in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor's rights generally generally, the indemnity provisions of Section 7 of this Agreement, which may not be enforceable based upon public policy considerations, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (Knot Inc), Subscription Agreement (Knot Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each (assuming it has been duly authorized, executed and delivered by the Investor) constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (Convera Corp), Subscription Agreement (Convera Corp)

Enforceability. This Agreement The Issuer has been duly executed and delivered by the Company this Agreement, and this Agreement and each constitutes other Transaction Document to which it is a party is its legal, valid and binding obligation obligation, enforceable against it in accordance with its terms, except subject, as the same may be limited by the terms of this Agreement or by to enforceability, to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect affecting the enforcement of creditors ' rights generally in general, and general equitable principles regardless of whether except as such enforceability is may be limited by general principles of equity (whether considered in a proceeding suit at law or in equity ).

Appears in 2 contracts

Samples: Note Purchase Agreement (MCG Capital Corp), Note Purchase Agreement (MCG Capital Corp)

Enforceability. This Agreement has been duly executed and delivered by each of Seller and the Company Companies and, assuming due and each valid authorization, execution and delivery by Purchaser, constitutes its the legal, valid and binding obligation of each of them, enforceable against it each of them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Acquisition Agreement (Packaging Dynamics Corp), Acquisition Agreement (Packaging Dynamics Corp)

Enforceability. This Agreement has been duly executed and delivered by Kellstrom and constitutes the Company and each constitutes its legal, valid and binding obligation of Kellstrom, enforceable against it Kellstrom in accordance with its their terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Cooperation Agreement (Kellstrom Industries Inc), Cooperation Agreement (Aviation Sales Co)

Enforceability. This The New Subsidiary hereby represents and warrants to the Holders that this Agreement has been duly authorized, executed and delivered by the Company New Subsidiary and each constitutes its a legal, valid and binding obligation of the New Subsidiary enforceable against it in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement applicability of creditors ' rights generally and general by equitable principles of general applicability (regardless of whether such enforceability is considered in a proceeding in equity or at law or in equity law).

Appears in 2 contracts

Samples: Private Shelf Agreement (Azz Inc), Note Purchase Agreement (Azz Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (CDSS Wind Down Inc), Subscription Agreement (CDSS Wind Down Inc)

Enforceability. This Agreement (a) It has been duly executed and delivered this Agreement and, upon the execution and delivery of this Agreement by the Company and each constitutes other Party, this Agreement will constitute its legal, valid and binding obligation obligation, enforceable against it in accordance with its terms, terms except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium fraudulent conveyance or similar laws affecting the enforcement of creditors' rights generally and general or the availability of equitable principles remedies (regardless of whether such enforceability is considered in a proceeding at law or in equity ).

Appears in 2 contracts

Samples: Master Agreement (Sandisk Corp), Master Agreement (Sandisk Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its legal, valid and binding obligation enforceable against it the Company in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Katz Media Group Inc), Merger Agreement (Katz Media Group Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Borrower and constitutes, and each constitutes its other Loan Document constitutes, a legal, valid and binding obligation of the Borrower enforceable against it in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws affecting the enforcement of creditors ' rights generally and by general equitable principles of equity (regardless of whether such enforceability enforcement is considered sought in a proceeding in equity or at law or in equity law).

Appears in 2 contracts

Samples: Credit Agreement (Quorum Health Corp), Abl Intercreditor Agreement (Quorum Health Corp)

Enforceability. This Agreement has been duly executed and delivered by Kellstrom and constitutes the Company and each constitutes its legal, valid and binding obligation of Kellstrom, enforceable against it Kellstrom in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Non Competition Agreement (Aviation Sales Co), Non Competition Agreement (Kellstrom Industries Inc)

Enforceability. This Agreement has been duly executed and delivered by each of the Company WCA Companies and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Closing and Asset Purchase Agreement (Wca Waste Corp), Closing and Asset Purchase Agreement (Waste Corp of Tennessee, Inc.)

Enforceability. This Agreement has been duly executed and delivered by each Seller and, upon entry of the Company Sale Order (assuming due and each valid authorization, execution and delivery by Purchaser), constitutes its the legal, valid and binding obligation of each such Seller, enforceable against it each such Seller in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Silver Point Capital L.P.), Asset Purchase Agreement (U S Energy Systems Inc)

Enforceability. This Agreement has been duly and validly executed and delivered by the Company Borrower, and each constitutes its the legal, valid valid, and binding obligation of the Borrower, enforceable against it the Borrower in accordance with its terms, except as the same enforceability thereof may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws law affecting the enforcement of creditors ' rights generally and subject to general equitable principles regardless of equity (whether such enforceability enforcement is considered sought by proceeding in a proceeding equity or at law or in equity law).

Appears in 2 contracts

Samples: Registration Rights Agreement (Lannett Co Inc), Registration Rights Agreement (Lannett Co Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company CGI and each constitutes its a legal, valid and binding obligation of CGI enforceable against it in accordance with its terms the terms of this Agreement, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Processing Services Agreement (Hallmark Financial Services Inc), Processing Services Agreement (Hallmark Financial Services Inc)

Enforceability. This Agreement has been duly executed executed, and delivered by the Company and each constitutes its legal, a valid and binding obligation agreement of Purchaser, enforceable against it in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally generally, and by general equitable principles principles, regardless of whether such enforceability enforcement is considered in a proceeding in equity or at law or in equity a law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Entrx Corp), Stock Purchase Agreement (Surg Ii Inc)

Enforceability. This Agreement has and the Registration Rights Agreement have been duly executed and delivered by the Company and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Marketing Specialists Corp), Common Stock Purchase Agreement (Marketing Specialists Corp)

Enforceability. This Agreement Each Loan Document to which the Borrower is a party has been duly and validly executed and delivered by the Company Borrower and each constitutes its a legal, valid and binding obligation agreement of the Borrower enforceable against it in accordance with its terms, terms except as to the same extent that the enforceability thereof may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws generally affecting the enforcement of creditors' rights generally and general by equitable principles (regardless of whether such enforceability enforcement is considered in a proceeding sought at law equity or in equity at law).

Appears in 2 contracts

Samples: Credit Agreement (Nui Corp /Nj/), Credit Agreement (Nui Corp /Nj/)

Enforceability. This Agreement has been duly executed and delivered by the Company Issuer and each (assuming it has been duly authorized, executed and delivered by the Investor) constitutes its a legal, valid and binding obligation of the Issuer, enforceable against it the Issuer in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally generally, the indemnity provisions of Section 7 of this Agreement, which may not be enforceable based upon public policy considerations, and general equitable principles principles, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (Knot Inc), Subscription Agreement (Knot Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company KAV and each constitutes its a legal, valid and binding obligation of KAV, enforceable against it KAV in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Inventory Purchase Agreement (Aviation Sales Co), Inventory Purchase Agreement (Kellstrom Industries Inc)

Enforceability. This Agreement has been duly executed and delivered by each of Solair and the Company Shareholder, and each constitutes its the legal, valid and binding obligation of each of them, enforceable against it each of them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Banner Aerospace Inc), Stock Purchase Agreement (Kellstrom Industries Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its OneLink, and, upon delivery, will constitute OneLink's legal, valid and binding obligation enforceable against it OneLink in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Acquisition Agreement (One Link 4 Travel Inc), Acquisition Agreement (One Link 4 Travel Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company and each of the Shareholders and constitutes its the legal, valid and binding obligation of each of them, enforceable against it them in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Metal Management Inc), Agreement and Plan of Merger (Metal Management Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company ViaSource and each constitutes its a legal, valid and binding obligation of ViaSource, enforceable against it ViaSource in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: 12 Asset Purchase Agreement (Viasource Communications Inc), Asset Purchase Agreement (Viasource Communications Inc)

Enforceability. This Legend and Janssen each represents and warrants to the other Party that, as of the Effective Date, this Agreement has been duly executed is a legal and delivered by the Company valid obligation binding upon it and each constitutes its legal, valid and binding obligation is enforceable against it in accordance with its terms, except as the same such enforcement may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or similar and other laws affecting the enforcement rights of creditors' rights creditors generally and general equitable principles regardless of (whether such enforceability is considered in a proceeding in equity or at law or in equity law).

Appears in 2 contracts

Samples: Collaboration and License Agreement (Legend Biotech Corp), Collaboration and License Agreement (Legend Biotech Corp)

Enforceability. This Agreement has been, or will have been at the time of Closing, duly executed and delivered by the Company MTLM and each constitutes its a legal, valid and binding obligation of MTLM, enforceable against it MTLM in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Metal Management Inc), Purchase Agreement (Metal Management Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company MTLM and each constitutes its a legal, valid and binding obligation of MTLM, enforceable against it MTLM in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Purchase Agreement (Metal Management Inc), Agreement and Plan of Merger (Metal Management Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sunair Services Corp), Asset Purchase Agreement (Sunair Services Corp)

Enforceability. This Agreement has The Transaction Documents have been duly executed and delivered by the Company CSRG, and each constitutes its constitute legal, valid and binding obligation obligations of CSRG, enforceable against it in accordance with its their terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Agreement (BTSL Technologies LTD), Agreement (Consolidated Resources Group Inc)

Enforceability. This Agreement has been duly and validly executed and delivered by the Company Seller and constitutes, and each constitutes its other Facility Document to which Seller is a party when executed and delivered on behalf of Seller will constitute, a legal, valid and binding obligation of Seller, enforceable against it Seller in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles regardless of (whether such enforceability enforcement is considered sought by proceedings in a proceeding equity or at law or in equity law).

Appears in 2 contracts

Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp)

Enforceability. This Agreement has been duly executed and delivered by the Company Seller and each constitutes its a legal, valid and binding obligation of the Seller, enforceable against it in accordance with its terms, except as the same such enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, fraudulent conveyance or other similar laws affecting the enforcement rights of creditors' rights creditors generally and or the application of general equitable principles of equity, regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Harry Weinberg Family Foundation Inc)

Enforceability. This Agreement has been duly executed and delivered by the Company Westport and each constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the terms enforcement of this Agreement creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity. Each other agreement contemplated hereby to which Westport will be a party at Closing will be duly executed and delivered at Closing, and upon such execution and delivery each such agreement will constitute Westport's legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Westport Resources Corp)

Enforceability. This Agreement has been duly and validly executed and delivered by the Company Seller and constitutes, and each constitutes its other Facility Document when executed and delivered on behalf of the Seller will constitute, a legal, valid and binding obligation of the Seller, enforceable against it the Seller in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors ' rights generally and by general equitable principles regardless of (whether such enforceability enforcement is considered sought by proceedings in a proceeding equity or at law or in equity law).

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

Enforceability. This Agreement has been duly executed and delivered by each of the Company United Companies and each constitutes its a legal, valid and binding obligation of each of the United Companies, enforceable against it each of the United Companies in accordance with its terms, except as the same may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Merger Agreement (United Road Services Inc)

Enforceability. This Each of this Agreement and the other documents to which Seller is a party has been duly executed and delivered by the Company Seller and each constitutes its a legal, valid and binding obligation of Seller, enforceable against it Seller in accordance with its terms, except as the same enforceability may be limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles of equity (regardless of whether such enforceability enforcement is considered sought in a proceeding in equity or at law or in equity law).

Appears in 1 contract

Samples: Stock Purchase Agreement (Source Energy Corp /Ut/)

Enforceability. This Agreement has been duly executed and delivered by the Company Affiliated and each constitutes its a legal, valid and binding enforceable obligation of Affiliated, enforceable against it Affiliated in accordance with its terms, except as the same may be by limited by the terms of this Agreement or by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' creditor's rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Common Stock Exchange Agreement (Lottoworld Inc)