Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Buyer and constitutes, and each other Transaction Document to which Buyer is a party when executed and delivered will constitute, a valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms except as such enforceability may be limited by (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity). (b) The execution, delivery and performance by Buyer of the Transaction Documents to which it is a party do not (i) violate any material Legal Requirement to which Buyer is subject or its charter or bylaws or equivalent organizational documents, (ii) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any notice under any material agreement, contract, lease, license, instrument, or other material arrangement to which Buyer is a party or by which Buyer is bound or to which Buyer’s assets are subject, (iii) result in the creation of any Lien on any assets of Buyer, or (iv) require any Consent by or to any Person.
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Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Buyer and constitutes, and each other Transaction Document to which Buyer is a party when executed and delivered will constitute, a valid and binding obligation of Buyer, Buyer enforceable against Buyer in accordance with its terms except as such enforceability may be limited by by: (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ ' rights generally, ; and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).
(b) The execution, delivery and performance by Buyer of the Transaction Documents to which it is a party do not not: (i) violate any material Legal Requirement to which Buyer is subject or its charter or bylaws or equivalent organizational documents, bylaws; (ii) materially conflict with, result in a material breach of, constitute a material default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, modify or cancel, cancel or require any notice under any material agreement, contract, lease, license, instrument, instrument or other material arrangement to which Buyer is a party or by which Buyer is bound or to which Buyer’s 's assets are subject, ; or (iii) result in the creation of any Lien on any assets of Buyer, or (iv) require any Consent authorization, consent, approval or notice by or to any PersonPerson (except for those which have been obtained or provided).
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Samples: Asset Purchase Agreement (Heron Lake BioEnergy, LLC)
Binding Effect and Noncontravention. (ai) This Agreement has been duly executed and delivered by Buyer Seller and constitutes, and each other Transaction Document to which Buyer such Seller is a party when executed and delivered will constitute, a valid and binding obligation of BuyerSeller, enforceable against Buyer Seller in accordance with its terms except as such enforceability may be limited by (iA) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, and (iiB) applicable equitable principles (whether considered in a proceeding at law or in equity).
(bii) The execution, delivery and performance by Buyer of the Transaction Documents to which it is a party by Seller do not (iA) violate any material Legal Requirement to which Buyer Seller is subject or subject, any provision of its charter or bylaws or equivalent organizational documents, (iiB) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any notice under any material agreement, contract, lease, license, instrument, or other material arrangement to which Buyer Seller is a party or by which Buyer Seller is bound or to which BuyerSeller’s assets are subject, (iiiC) result in the creation of any Lien on any assets of BuyerSeller’s Shares, or (ivD) require any Consent by or to any Person.
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Binding Effect and Noncontravention. (a) This Agreement has been duly executed and delivered by Buyer and constitutes, and each other Transaction Document to which Buyer is a party when executed and delivered will constitute, a valid and binding obligation of Buyer, Buyer enforceable against Buyer in accordance with its terms except as such enforceability may be limited by by: (i) applicable insolvency, bankruptcy, reorganization, moratorium or other similar laws affecting creditors’ rights generally, ; and (ii) applicable equitable principles (whether considered in a proceeding at law or in equity).
(b) The execution, delivery and performance by Buyer of the Transaction Documents to which it is a party do not not: (i) violate any material Legal Requirement to which Buyer is subject or its charter or bylaws or equivalent organizational documents, bylaws; (ii) materially conflict with, result in a material breach of, constitute a material default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, modify or cancel, cancel or require any notice under any material agreement, contract, lease, license, instrument, instrument or other material arrangement to which Buyer is a party or by which Buyer is bound or to which Buyer’s assets are subject, ; or (iii) result in the creation of any Lien on any assets of Buyer, or (iv) require any Consent authorization, consent, approval or notice by or to any PersonPerson (except for those which have been obtained or provided).
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