Common use of Authorization of the Forward Agreement Clause in Contracts

Authorization of the Forward Agreement. The applicable Forward Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the applicable Forward Counterparty enforceable against such Forward Counterparty in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles (regardless of whether enforcement is considered in a proceeding in equity or at law).

Appears in 11 contracts

Samples: Underwriting Agreement (American Capital, LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

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Authorization of the Forward Agreement. The applicable Forward Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the applicable Forward Counterparty enforceable against such the Forward Counterparty in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles (regardless of whether enforcement is considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Underwriting Agreement (American Capital Strategies LTD)

Authorization of the Forward Agreement. The applicable Forward Agreement has been duly authorized, executed and delivered by, by such Forward Purchaser and is constitutes a valid and binding agreement ofof such Forward Purchaser, the applicable Forward Counterparty enforceable against such Forward Counterparty Purchaser in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to or affecting the rights and remedies general principles of creditors or by general equitable principles equity (regardless of whether enforcement is considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Purchase Agreement (Pantry Inc)

Authorization of the Forward Agreement. The applicable Forward Agreement has been duly authorized, executed and delivered by, by such Forward Counterparty and is constitutes a valid and binding agreement ofof such Forward Counterparty, the applicable Forward Counterparty enforceable against such Forward Counterparty in accordance with its terms, except as to the enforcement extent that enforceability thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles (regardless of whether enforcement is considered in a proceeding in equity or at law)Enforceability Exceptions.

Appears in 1 contract

Samples: Underwriting Agreement (E Trade Financial Corp)

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Authorization of the Forward Agreement. The applicable Forward Agreement has been duly authorized, executed and delivered by, by the Forward Seller and is constitutes a valid and binding agreement ofobligation of the Forward Seller, the applicable Forward Counterparty enforceable against such the Forward Counterparty Seller in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers)insolvency, reorganization, moratorium or other similar laws relating affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to or affecting the rights and remedies general principles of creditors or by general equitable principles equity (regardless of whether enforcement is considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Underwriting Agreement (Great Plains Energy Inc)

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