Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company and will constitute a valid, legal and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability may be limited by the Enforceability Exceptions.
Appears in 5 contracts
Samples: Underwriting Agreement (American Bancorporation Capital Trust I), Underwriting Agreement (Independent Bank Corp), Underwriting Agreement (Independent Capital Trust Ii)
Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company and will constitute a valid, legal valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability thereof may be limited by any of the Enforceability Exceptions.
Appears in 2 contracts
Samples: Underwriting Agreement (Sterling Bancshares Inc), Underwriting Agreement (Sterling Bancshares Inc)
Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company Company, and assuming due authorization and delivery of the Indenture by the Debenture Trustee, will constitute a valid, legal valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability thereof may be limited by any of the Enforceability Exceptions; and the Indenture will conform in all material respects to the description thereof in the Prospectus.
Appears in 2 contracts
Samples: Underwriting Agreement (Stifel Financial Corp), Underwriting Agreement (Stifel Financial Corp)
Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company and, assuming due authorization and delivery of the Indenture by the Debenture Trustee, will constitute a valid, legal valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability thereof may be limited by any of the Enforceability Exceptions.
Appears in 1 contract
Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly -------------------------- authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company and will constitute a valid, legal valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability enforcement thereof may be limited by the Enforceability Exceptions; and at Closing Time, the Indenture will have been duly qualified under the Trust Indenture Act of 1939, as amended (the "1939 Act").
Appears in 1 contract
Samples: Underwriting Agreement (First Citizens Bancshares Inc /De/)
Authorization of Indenture. The Indenture has been -------------------------- qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company and will constitute a valid, legal and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability may be limited by the Enforceability Exceptions.
Appears in 1 contract
Samples: Underwriting Agreement (Sandy Spring Capital Trust I)
Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly authorized by the Company and, Company; at the Closing TimeTime and any Date of Delivery, the Indenture will have been duly executed and delivered by the Company and will constitute a valid, legal valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to the extent that enforceability thereof may be limited by any of the Enforceability Exceptions. The Company has full power and authority to enter into the Indenture.
Appears in 1 contract
Samples: Underwriting Agreement (Allegiant Capital Trust Ii)
Authorization of Indenture. The Indenture has been duly -------------------------- authorized by the Company and duly qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly executed and delivered by the Company and will constitute a valid, legal valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except subject to the extent that enforceability may be limited by the Enforceability Exceptions.
Appears in 1 contract
Authorization of Indenture. The Indenture has been qualified under the 1939 Act and has been duly authorized by the Company and, at the Closing Time, will have been duly qualified under the 1939 Act and duly executed and delivered by the Company and will constitute a valid, legal valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except to as the extent that enforceability enforcement thereof may be limited by the Enforceability Exceptionsbankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditor's rights generally or by general equitable principles.
Appears in 1 contract
Samples: Purchase Agreement (Health Care Property Investors Inc)