Authorization of the Registration Rights Agreement. The Registration Rights Agreement has been duly authorized by each of the Issuers and, when executed and delivered by each of the Issuers and the Initial Purchasers, will constitute a valid and binding agreement of each of the Issuers, enforceable against each of the Issuers in accordance with its terms, except as (A) the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors' rights generally, (B) enforcement thereof is subject to general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law) and (C) rights to indemnification, contribution or exculpation thereunder may not be enforceable.
Appears in 1 contract
Authorization of the Registration Rights Agreement. The Registration Rights Agreement has been duly authorized by each of the Issuers Company and the Guarantors and, when duly executed and delivered in accordance with its terms by each of the Issuers and the Initial Purchasersparties thereto, will constitute a valid and binding agreement of each of the IssuersCompany and the Guarantors, enforceable against each of the Issuers them in accordance with its terms, except as (A) as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors' β rights generally, (B) generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforceability enforcement is considered in a proceeding in equity or at law) and (CB) the enforceability of rights to indemnification, indemnification and contribution or exculpation thereunder may not be enforceablelimited by federal or state securities laws.
Appears in 1 contract
Authorization of the Registration Rights Agreement. The Registration Rights Agreement has been duly authorized by each of the Issuers Issuers, and, when executed and delivered by each of the Issuers and the Initial Purchasersother parties thereto in accordance with the terms thereof, will constitute a valid and binding agreement of each of the Issuers, enforceable against each of the Issuers in accordance with its terms, except as (A) the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors' rights generally, (B) generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforceability enforcement is considered in a proceeding in equity or at law) and (C) rights the enforceability of any right to indemnificationindemnification provided therein violates the public policy of any law, contribution rule or exculpation thereunder may not be enforceableregulation.
Appears in 1 contract
Authorization of the Registration Rights Agreement. The Registration Rights Agreement has been duly authorized by each of the Issuers Company and the Guarantors and, when duly executed and delivered in accordance with its terms by each of the Issuers and the Initial Purchasersparties thereto, will constitute a valid and binding agreement of each of the IssuersCompany and the Guarantors, enforceable against each of the Issuers them in accordance with its terms, except as (A) as the enforcement thereof may be limited by bankruptcy, insolvency (including, without limitation, all laws relating to fraudulent transfers), reorganization, moratorium or similar laws affecting enforcement of creditors' rights generally, (B) generally and except as enforcement thereof is subject to general principles of equity (regardless of whether enforceability enforcement is considered in a proceeding in equity or at law) and (CB) the enforceability of rights to indemnification, indemnification and contribution or exculpation thereunder may not be enforceablelimited by federal or state securities laws.
Appears in 1 contract