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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 has all requisite corporate power and legal capacity to execute and deliver this Agreement and all agreements, instruments and documents executed and delivered or to be executed and delivered by the Company in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby (collectively, the “Collateral Agreements”), and to perform its obligations hereunder and under this Agreement and each of the Collateral Agreements. The execution and delivery of this Agreement and the Collateral Agreements and the performance of the transactions contemplated hereby and thereby have been duly and validly authorized and approved by all corporate action necessary on behalf of the Company. This Agreement and each Collateral Agreement to which the Company is a party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of the Company, 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 6 contracts

Samples: Subscription Agreement (Harvco, LLC), Subscription Agreement (Jesup & Lamont, Inc.), Subscription Agreement (Jesup & Lamont, Inc.)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company, Buyer and the Company Buyer has all requisite corporate power and legal capacity to execute and deliver this Agreement and all agreements, instruments and documents Collateral Agreements executed and delivered or to be executed and delivered by the Company Buyer in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby (collectively, and by the Collateral Agreements”), and to perform its obligations hereunder and under this Agreement and each of the Collateral Agreements. The execution execution, deliver, and delivery performance of this Agreement and the Collateral Agreements and the performance consummation by Buyer of the transactions contemplated hereby and thereby have been duly and validly authorized and approved by all corporate necessary action necessary on behalf the part of the CompanyBuyer. This Agreement and each Collateral Agreement to which the Company Buyer is a party constitutes, or upon execution and delivery will constitute, the legal, valid valid, and binding obligation of the CompanyBuyer, 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 (Smith & Wesson Holding Corp)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company, Buyer and the Company Buyer has all requisite corporate power and legal capacity to execute and deliver this Agreement and all agreements, instruments and documents Collateral Agreements executed and delivered or to be executed and delivered by the Company Buyer in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby (collectively, and by the Collateral Agreements”), and to perform its obligations hereunder and under this Agreement and each of the Collateral Agreements. The execution execution, delivery and delivery performance of this Agreement and the Collateral Agreements and the performance consummation by Buyer of the transactions contemplated hereby and thereby have been duly and validly authorized and approved by all necessary corporate action necessary on behalf the part of the CompanyBuyer. This Agreement and each Collateral Agreement to which the Company Buyer is a party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of the CompanyBuyer, enforceable in accordance with its terms, except as such enforcement may be limited by general equitable principles or by applicable bankruptcy, insolvency, moratorium, 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 (Forward Air Corp)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company, Buyer and the Company Buyer has all requisite corporate power and legal capacity to execute and deliver this Agreement and all agreements, instruments and documents Collateral Agreements executed and delivered or to be executed and delivered by the Company Buyer in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby (collectively, and by the Collateral Agreements”), to assume and perform the Obligations, and to perform its obligations hereunder and under this Agreement and each of the Collateral Agreements. The execution and delivery of this Agreement and the Collateral Agreements and the performance of the transactions contemplated hereby and thereby have been will be duly and validly authorized and approved by all corporate action necessary on behalf of the CompanyBuyer. This Agreement and each Collateral Agreement to which the Company Buyer is a party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of the CompanyBuyer, 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)

Authority, Approval and Enforceability. This Agreement has been duly executed and delivered by the Company, each Buyer and the Company each Buyer has all requisite corporate power and legal capacity to execute and deliver this Agreement and all agreements, instruments and documents Collateral Agreements executed and delivered or to be executed and delivered by the Company it in connection with the transactions provided for hereby, to consummate the transactions contemplated hereby (collectively, and by the Collateral Agreements”), and to perform its obligations hereunder and under this Agreement and each of the Collateral Agreements. The execution and delivery of this Agreement and the Collateral Agreements and the performance of the transactions contemplated hereby and thereby have been duly and validly authorized and approved by all corporate action necessary on behalf of the Companyeach Buyer. This Agreement and each Collateral Agreement to which the Company each Buyer is a party constitutes, or upon execution and delivery will constitute, the legal, valid and binding obligation of the Companyeach Buyer, 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: Merger Agreement (Magicworks Entertainment Inc)