Common use of Due Execution, Validity, Enforceability Clause in Contracts

Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which each Loan Party is a party has been duly executed and delivered by such Loan Party and each constitutes the valid and legally binding obligation of such Loan Party, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 2 contracts

Samples: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)

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Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which each Loan Party is a party has been duly executed and delivered by such each Loan Party that is a party thereto and each constitutes the valid and legally binding obligation of such each Loan Party, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 2 contracts

Samples: Credit Agreement (Cornerstone Healthcare Plus Reit, Inc.), Credit Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which each a Loan Party is a party has been duly executed and delivered by such the Loan Party in question and each constitutes the valid and legally binding obligation of such Loan Partythereof, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which each any Loan Party is a party has been duly executed and delivered by such Loan Party and each constitutes the valid and legally binding obligation of such Loan Party, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 1 contract

Samples: Loan Agreement (Trinity Place Holdings Inc.)

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Due Execution, Validity, Enforceability. This Agreement and each other Loan Document to which each any Loan Party is a party has been duly executed and delivered by such the Loan Party which is a party thereto and each constitutes the valid and legally binding obligation of the Borrower or such Loan PartyParty which is a party thereto, enforceable in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors’ rights generally and except that the remedy of specific performance and other equitable remedies are subject to judicial discretion.

Appears in 1 contract

Samples: Loan Agreement (Conquest Industries Inc)

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