Common use of Authority, Approval and Enforceability Clause in Contracts

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company and the Company Stockholders, and each of the Company and the Company Stockholders have all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the Exhibits, and to perform its obligations hereunder and under the Exhibits. This Agreement and each Exhibit to which any of the Company and/or the Company Stockholders is a Party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Party, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors’ rights generally.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Solar Thin Films, Inc.), Stock Exchange Agreement (Solar Thin Films, Inc.)

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Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company and the Company StockholdersShareholders, and each of the Company Shareholders and the Company Stockholders have has all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its and his obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Shareholders and/or the Company Stockholders is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors' rights generally.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Armitec Inc), Asset Purchase Agreement (Atlantis Plastics Inc)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company and the Company StockholdersShareholder, and each of the Company Shareholder and the Company Stockholders have has all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Shareholder and/or the Company Stockholders is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors' rights generally.

Appears in 1 contract

Samples: Asset Purchase Agreement (Vocus, Inc.)

Authority, Approval and Enforceability. This Agreement has been duly executed executed, delivered, and delivered approved by the Company and the Company StockholdersShareholder, and each of the Company and the Company Stockholders Shareholder have all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Shareholder and/or the Company Stockholders is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors' rights generally.

Appears in 1 contract

Samples: Asset Purchase Agreement (Empire Financial Holding Co)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company and each of the Company Stockholders, Sellers and each of the Company Sellers and the Company Stockholders have has all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Sellers and/or the Company Stockholders is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors' rights generally.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heico Corp)

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Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company and the Company StockholdersSeller, and each of the Company Seller and the Company Stockholders have has all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its and his obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Seller and/or the Company Stockholders is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors' rights generally.

Appears in 1 contract

Samples: Stock Purchase Agreement (Xstream Beverage Group Inc)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company Seller and the Company StockholdersMembers, and each of the Company Members and the Company Stockholders have Seller has all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered by it in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Members and/or the Company Stockholders Seller is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors’ rights generally.

Appears in 1 contract

Samples: Asset Purchase Agreement (Veramark Technologies Inc)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company and the Company StockholdersSeller, and each of the Company Seller and the Company Stockholders have has all requisite power and legal capacity to execute and deliver this Agreement and all Exhibits Collateral Agreements executed and delivered or to be executed and delivered in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby and by the ExhibitsCollateral Agreements, and to perform its their respective obligations hereunder and under the ExhibitsCollateral Agreements. This Agreement and each Exhibit Collateral Agreement to which any of the Company Seller and/or the Company Stockholders is a Party party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of such Partyparty, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time to time in effect which affect creditors' rights generally.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ebiz Enterprises Inc)

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