Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 12 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oklahoma Gas & Electric Co)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 9 contracts
Samples: Underwriting Agreement (Oklahoma Gas & Electric Co), Underwriting Agreement (Oge Energy Corp.), Underwriting Agreement (Oge Energy Corp.)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 8 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 8 contracts
Samples: Purchase Agreement (Coherent Inc), Purchase Agreement (Raser Technologies Inc), Purchase Agreement (Aep Industries Inc)
Authorization of the Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 8 contracts
Samples: Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Danaher Corp /De/)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act andauthorized, when duly executed and delivered by the Company and constitutes the Trustee, will constitute a valid and legally binding agreement obligation of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or and similar laws of general applicability relating to or affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law)principles. The Indenture has been duly qualified under the 1939 Act.
Appears in 7 contracts
Samples: Purchase Agreement (Pepco Holdings Inc), Purchase Agreement (Delmarva Power & Light Co /De/), Underwriting Agreement (Atlantic City Electric Co)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent conveyance or transfer, reorganization, moratorium or other similar laws relating to or affecting enforcement the rights and remedies of creditors’ rights generally and except as enforcement thereof is subject to creditors or by general equitable principles of equity (regardless of whether enforcement such enforceability is considered in a proceeding at law or in equity or at lawequity).
Appears in 7 contracts
Samples: Underwriting Agreement (Stryker Corp), Underwriting Agreement (Stryker Corp), Underwriting Agreement (Stryker Corp)
Authorization of the Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, Company enforceable against the Company in accordance with its terms, except (A) as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and except (B) as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 6 contracts
Samples: Purchase Agreement (Wisconsin Power & Light Co), Purchase Agreement (Interstate Power & Light Co), Purchase Agreement (Interstate Power & Light Co)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 6 contracts
Samples: Purchase Agreement (Iconix Brand Group, Inc.), Purchase Agreement (Iconix Brand Group, Inc.), Purchase Agreement (Tektronix Inc)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 4 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Gas Co), Underwriting Agreement (Wec Capital Trust Ii)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act andauthorized, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to or by general equitable principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 4 contracts
Samples: Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (Ace LTD)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 4 contracts
Samples: Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Caterpillar Inc), Underwriting Agreement (Wisconsin Gas Co)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 4 contracts
Samples: Purchase Agreement (Affordable Residential Communities Inc), Purchase Agreement (Ck Witco Corp), Purchase Agreement (Wabash National Corp /De)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and Company, is duly qualified under the 1939 Trust Indenture Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 3 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement enforceability thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws relating to or affecting the enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general by equitable principles of equity (general applicability, regardless of whether enforcement such enforceability is considered in a proceeding in at equity or at law).
Appears in 2 contracts
Samples: Annual Report, Purchase Agreement (Idec Pharmaceuticals Corp / De)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and Company, has been duly qualified under the 1939 Trust Indenture Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Samples: Underwriting Agreement (Universal Health Services Inc), Underwriting Agreement (Universal Health Services Inc)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act andauthorized, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and except as enforcement thereof is subject to or by general equitable principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Hospitality Properties Trust)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to or by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Samples: Purchase Agreement (First Pactrust Bancorp Inc), Purchase Agreement (First Pactrust Bancorp Inc)
Authorization of the Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, Company enforceable against the Company in accordance with its terms, except as (A) the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and except (B) as enforcement thereof is subject to general principles principals of equity (regardless of if whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Samples: Purchase Agreement (Interstate Power & Light Co), Purchase Agreement (Interstate Power & Light Co)
Authorization of the Indenture. The Indenture has been duly authorized and executed by the Company and duly qualified under constitutes the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 2 contracts
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)
Authorization of the Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, Company enforceable against the Company in accordance with its terms, except as (A) the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting the enforcement of creditors’ ' rights generally and except (B) as enforcement thereof is subject to general principles principals of equity (regardless of if whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly ----------------------------------------------- authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company Company, and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar other laws of general applicability relating to or affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to generally, or by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Samples: Purchase Agreement (Di Giorgio Corp)
Authorization of the Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, Company enforceable against the Company in accordance with its terms, except (A) as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and except (B) as enforcement thereof is subject to general principles principals of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and Company, is duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly qualified under the 1939 Act. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and except as enforcement thereof is subject to or by general equitable principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and duly qualified under the 1939 Act and, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when at the Closing Time, will have been duly executed and delivered by the Company and the Trustee, will constitute a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to or by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law)equitable principles.
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when duly executed assuming due execution and delivered delivery by the Company and the Trustee, will constitute constitutes a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to or by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act andauthorized, when duly executed and delivered by the Company and the Trustee, will constitute constitutes a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvencyinsolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or other similar laws relating to or affecting enforcement of creditors’ ' rights generally and except as enforcement thereof is subject to generally, or by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).
Appears in 1 contract
Samples: Purchase Agreement (Ampex Corp /De/)
Authorization of the Indenture. The Indenture has been duly authorized by the Company and duly qualified under the 1939 Act and, when the First Supplemental Indenture has been duly executed and delivered by the Company and the Trustee, the Indenture will constitute a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting enforcement of creditors’ rights generally and except as enforcement thereof is subject to or by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law)equitable principles.
Appears in 1 contract
