Authorization; Binding Obligation. All corporate action on the part of the Company necessary for the authorization of this Agreement, the Note and the performance of all obligations of the Company hereunder and thereunder have been taken. This Agreement constitutes, and the Note, when executed and delivered, will constitute, valid and binding obligations of the Company enforceable in accordance with their terms, except as limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting enforcement of creditors' rights, and (ii) general principles of equity that restrict the availability of equitable remedies.
Appears in 2 contracts
Samples: Merger Agreement (International Microcomputer Software Inc /Ca/), Joint Operating Agreement (International Microcomputer Software Inc /Ca/)
Authorization; Binding Obligation. All corporate action on the part of the Company necessary for the authorization of this Agreement, the Note Notes and the Warrants, and the performance of all obligations of the Company hereunder and thereunder have has been taken. This Agreement constitutes, and the NoteNotes and Warrants, when executed and delivereddelivered at the Closing, will constitute, valid and binding obligations of the Company enforceable in accordance with their terms, except as limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting enforcement of creditors' ’ rights, and (ii) general principles of equity that restrict the availability of equitable remedies.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Geospatial Corp), Convertible Note and Warrant Purchase Agreement (Geospatial Corp)
Authorization; Binding Obligation. All corporate action on the part of the Company necessary for the authorization authorization, execution and delivery of this Agreement, the Note and the Warrant and the performance of all obligations of the Company hereunder and thereunder have has been taken. This Agreement constitutesAgreement, the Note and the Note, when executed and delivered, will constitute, Warrant constitute valid and binding obligations of the Company enforceable in accordance with their terms, except as limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting enforcement of creditors' ’ rights, and (ii) general principles of equity that restrict the availability of equitable remedies.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Geospatial Corp), Note and Warrant Purchase Agreement (Geospatial Corp)
Authorization; Binding Obligation. All corporate action on the part of the Company necessary for the authorization authorization, execution and delivery of this Agreement, the Note issuance and sale of the Shares and the performance of all obligations of the Company hereunder and thereunder have has been taken. This Agreement constitutes, and constitutes the Note, when executed and delivered, will constitute, valid and binding obligations obligation of the Company, enforceable against the Company enforceable in accordance with their its terms, except as limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting enforcement of creditors' ’ rights, and (ii) general principles of equity that restrict the availability of equitable remedies.
Appears in 2 contracts
Samples: Conversion Agreement (Geospatial Corp), Preferred Stock Purchase Agreement (Geospatial Corp)
Authorization; Binding Obligation. All corporate action on the part of the Company necessary for the authorization authorization, execution and delivery of this Agreement, the Note Note, the Warrant, the Security Agreement and the performance of all obligations of the Company hereunder and thereunder have has been taken. This Agreement constitutesAgreement, and the Note, when executed Warrant and delivered, will constitute, the Security Agreement constitute valid and binding obligations of the Company enforceable in accordance with their terms, except as limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting enforcement of creditors' ’ rights, and (ii) general principles of equity that restrict the availability of equitable remedies.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Geospatial Corp)