Common use of Enforceability, etc Clause in Contracts

Enforceability, etc. Each Operative Agreement to which it is a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof.

Appears in 4 contracts

Samples: Participation Agreement (Fred Meyer Inc), Participation Agreement (Quality Food Centers Inc), Participation Agreement (Safeskin Corp)

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Enforceability, etc. Each Operative Agreement to which it is a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereofthereof except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 3 contracts

Samples: Participation Agreement (Hanover Compressor Co), Participation Agreement (Hanover Compressor Co), Participation Agreement (Hanover Compression Inc)

Enforceability, etc. Each Operative Agreement to which it is a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereofthereof except as enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 2 contracts

Samples: Participation Agreement (Hanover Compressor Co /), Participation Agreement (Hanover Compressor Co /)

Enforceability, etc. Each Operative Agreement to which it is a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms thereofthereof except as enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 2 contracts

Samples: Participation Agreement (Hanover Compressor Co /), Participation Agreement (Hanover Compressor Co /)

Enforceability, etc. Each Operative Agreement to which it is a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors' rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Participation Agreement (Genentech Inc)

Enforceability, etc. Each Operative Agreement to which it is a party has been been, or will be, duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof.

Appears in 1 contract

Samples: Participation Agreement (Borders Group Inc)

Enforceability, etc. Each Operative Agreement to which it is a -------------------- party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof.

Appears in 1 contract

Samples: Participation Agreement (Sailors Inc)

Enforceability, etc. Each Operative Agreement to which it is or will be a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 1 contract

Samples: Lease (Living Centers of America Inc)

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Enforceability, etc. Each Operative Agreement to which it is or will be a party has been been, or will be, duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof.

Appears in 1 contract

Samples: Participation Agreement (Borders Group Inc)

Enforceability, etc. Each Operative Agreement to which it is a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms thereof, subject, in each case, as to enforceability, bankruptcy, insolvency, reorganization and other similar laws affecting enforcement of creditor rights generally and, as to the availability of specific performance or other injunctive relief, subject to the discretionary power of a court to deny such relief and to general equitable principles.

Appears in 1 contract

Samples: Participation Agreement (McData Corp)

Enforceability, etc. Each Operative Agreement to which it is or -------------------- will be a party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereof, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 1 contract

Samples: Participation Agreement (Paragon Health Network Inc)

Enforceability, etc. Each Operative Agreement to which it is a -------------------- party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation obligation, enforceable against it in accordance with the terms thereof.

Appears in 1 contract

Samples: Participation Agreement (Sailors Inc)

Enforceability, etc. Each Operative Agreement to which it is a -------------------- party has been duly executed and delivered by it and constitutes, or upon execution and delivery will constitute, a legal, valid and binding obligation enforceable against it in accordance with the terms thereofthereof except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Appears in 1 contract

Samples: Participation Agreement (Hanover Compressor Co /)

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