Common use of Due Authorization and Enforceability Clause in Contracts

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and the Subscription Agreements, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement and the Subscription Agreements has been (or, in the case of the Subscription Agreements, will be) duly authorized, executed and delivered by the Company, and constitutes (or will constitute) a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity.

Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, the Warrants, the Agent’s Warrant and the Subscription AgreementsPurchase Agreement, and to perform and discharge its obligations hereunder and thereunder; and each of this Agreement Agreement, the Warrants, the Agent’s Warrant and the Subscription Agreements Purchase Agreement has been (or, in the case of the Subscription Agreements, will be) duly authorized, executed and delivered by the Company, and constitutes (or will constitute) a valid, legal and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnity hereunder may be limited by federal or state securities laws and except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equityequity and limitations on the granting of equitable remedies.