Common use of By the Stockholders Clause in Contracts

By the Stockholders. Each Stockholder, as to itself or himself, represents to the Company and the other Stockholders that: (a) The execution, delivery and performance by such Stockholder of this Agreement and each other agreement to be entered into by such Stockholder in connection with this Agreement have been duly authorized by all action required by law, and by the certificate of incorporation and by-laws, partnership agreement or other governing instrument of such Stockholder. (b) This Agreement and such other agreements have been duly executed and delivered by such Stockholder and constitutes the legal, valid and binding obligations of such Stockholder enforceable against it or him in accordance with their terms.

By the Stockholders. Each Stockholder, as to itself or himselfhimself or ------------------- herself, represents to the Company and the other Stockholders that: (a) The execution, delivery and performance by such Stockholder of this Agreement and each other agreement to be entered into by such and, in the case of any Stockholder that is not an individual, all transactions contemplated in connection with this Agreement have been duly authorized by all action required by law, and by the certificate of incorporation and by-laws, partnership agreement, operating agreement or other governing instrument of such Stockholder. (b) This Agreement and such other agreements have has been duly executed and delivered by such Stockholder and constitutes the legal, valid and binding obligations obligation of such Stockholder enforceable against it it, him or him her in accordance with their its terms.