Binding Effect; Noncontravention. (i) This Agreement has been, and each other Transaction Document to which PHMD and the Radiancy Group is a Party will be, duly executed and delivered by such Person and (assuming due authorization, execution and delivery by Merger Sub) constitutes (or in the case of the other Transaction Documents, will constitute) a valid and binding obligation of PHMD and each member of the Radiancy Group which is enforceable against such Person 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) general equitable principles (whether considered in a Proceeding at law or in equity).
Appears in 3 contracts
Samples: HTM Agreement and Plan of Merger And, Agreement and Plan of Merger and Reorganization (Ds Healthcare Group, Inc.), Agreement and Plan of Merger and Reorganization (Photomedex Inc)
Binding Effect; Noncontravention. (i) This Agreement has been, and each other Transaction Document to which PHMD and the Radiancy Group Company is a Party will be, duly executed and delivered by such Person and (assuming due authorization, execution and delivery by Merger Sub) constitutes (or in the case of the other Transaction Documents, will constitute) a valid and binding obligation of PHMD and each member of the Radiancy Group Company which is enforceable against such Person 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) general equitable principles (whether considered in a Proceeding at law or in equity).
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Photomedex Inc), Agreement and Plan of Merger and Reorganization (Ds Healthcare Group, Inc.)
