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)
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
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: American Capital Strategies LTD
Authorization of the Forward Agreement. The applicable Forward Agreement has been duly authorized, executed and delivered by, by the Forward Counterparty and is constitutes a valid and binding agreement ofof the Forward Counterparty, the applicable Forward Counterparty enforceable against such the 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.
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Samples: Regency Centers Corp