Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by Seller. Assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all other agreements and instruments entered into pursuant hereto (collectively, the “Transaction Documents”) constitute the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 9 contracts
Samples: Agreement for Purchase and Sale of Units (Pacific Ethanol, Inc.), Agreement for Purchase and Sale of Units (Pacific Ethanol, Inc.), Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by SellerBuyer. Assuming the due authorization, execution and delivery of the same by BuyerSeller, this Agreement and all the other agreements and instruments entered into pursuant Transaction Documents hereto (collectively, the “Transaction Documents”) constitute the legal, valid and binding obligation of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.), Agreement for Purchase and Sale of Units (Pacific Ethanol, Inc.), Agreement for Purchase and Sale of Units (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by SellerSellers. Assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all other agreements and instruments entered into pursuant hereto (collectively, the “Transaction Documents”) to which Sellers are a party constitute the legal, valid and binding obligation of SellerSellers, enforceable against Seller Sellers in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement and the Note have been duly and validly authorized by SellerBuyer. Assuming the due authorization, execution and delivery of the same by BuyerSeller (to the extent required), this Agreement and all other agreements and instruments entered into pursuant hereto (collectivelyAgreement, the “Note and the other Transaction Documents”) Documents hereto constitute the legal, valid and binding obligation of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this This Agreement have has been duly and --------------------------------- validly authorized executed by Seller. Assuming such Seller and (assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all other agreements and instruments entered into pursuant hereto (collectively, the “Transaction Documents”Company) constitute constitutes the legal, valid and binding obligation of such Seller, enforceable against Seller in accordance with their respective terms (its terms, except as the same may be limited by applicable bankruptcy, insolvency, reorganization and other reorganization, moratorium or similar laws and Applicable Laws affecting creditors' rights generally or by general equitable principles relating to or limiting creditors’ rights generally)affecting the enforcement of contracts.
Appears in 1 contract
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by Seller. Assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all other agreements and instruments entered into pursuant hereto (collectively, the “Transaction Documents”) Loan Assignment constitute the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by SellerBuyer. Assuming the due authorization, execution and delivery of the same by BuyerSellers, this Agreement and all the other agreements and instruments entered into pursuant Transaction Documents to which Buyer is a party hereto (collectively, the “Transaction Documents”) constitute the legal, valid and binding obligation of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by Seller. Assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all other agreements and instruments entered into pursuant hereto (collectively, the “Transaction Documents”) ), constitute the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by SellerBuyer. Assuming the due authorization, execution and delivery of the same by BuyerSeller, this Agreement and all other agreements and instruments entered into pursuant hereto (collectively, the “Transaction Documents”) Loan Assignment constitute the legal, valid and binding obligation of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by SellerBuyer. Assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all the other agreements and instruments entered into pursuant Transaction Documents hereto (collectively, the “Transaction Documents”) constitute the legal, valid and binding obligation of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by Seller. Assuming the due authorization, execution and delivery of the same by Buyer, this Agreement and all other agreements the unit transfer certificate and instruments entered into pursuant hereto takedown certificate provided for in Section 4 (collectively, the “Transaction Documents”) constitute the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)
Due Authorization; Enforceability. The execution, delivery and performance of this Agreement have been duly and validly authorized by SellerBuyer. Assuming the due authorization, execution and delivery of the same by BuyerSeller, this Agreement and all the other agreements and instruments entered into pursuant Transaction Documents to which Buyer is a party hereto (collectively, the “Transaction Documents”) constitute the legal, valid and binding obligation of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms (except as may be limited by bankruptcy, insolvency, reorganization and other similar laws and equitable principles relating to or limiting creditors’ rights generally).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pacific Ethanol, Inc.)