Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 24 contracts
Samples: Underwriting Agreement (Adcare Health Systems, Inc), Underwriting Agreement (Adcare Health Systems, Inc), Underwriting Agreement (Yuma Energy, Inc.)
Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform authorize, issue and discharge its obligations hereunder; and sell the Shares as contemplated by this Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 7 contracts
Samples: Underwriting Agreement (pSivida Corp.), Underwriting Agreement (pSivida Corp.), Underwriting Agreement (Microvision Inc)
Due Authorization and Enforceability. The Company has the full right, legal power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this consummate the transactions contemplated hereby. This Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 3 contracts
Samples: Purchase Agreement (Sangamo Biosciences Inc), Subscription Agreement (Sangamo Biosciences Inc), Placement Agency Agreement (Sangamo Biosciences Inc)
Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform authorize, issue and discharge its obligations hereunder; and sell the Units as contemplated by this Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 2 contracts
Samples: Placement Agency Agreement (Rockwell Medical Technologies Inc), Underwriting Agreement (Ziopharm Oncology Inc)
Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, and to perform and discharge its obligations hereunderhereunder and thereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 2 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)
Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 1 contract
Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement Agreement, and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 1 contract
Due Authorization and Enforceability. The Company has the full right, corporate power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 1 contract
Samples: Global Geophysical Services (Global Geophysical Services Inc)
Due Authorization and Enforceability. The Company has the full right, power and authority to enter into this Agreement and to perform and discharge its obligations hereunder; and this Agreement has been duly authorized, executed and delivered by the Company, and constitutes 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.
Appears in 1 contract