Common use of Enforceability of Agreement Clause in Contracts

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, and the Loan Documents required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the rights of creditors generally.

Appears in 27 contracts

Samples: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Revolving Credit Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial Lp)

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Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of each of the entities comprising the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrowersuch entities, enforceable against the Borrower such entities in accordance with their respective terms, and the Loan Documents required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the rights of creditors generally.

Appears in 7 contracts

Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc), Secured Revolving Credit Agreement (Equity Inns Inc), Unsecured Revolving Credit Agreement (Equity Inns Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderNote, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable as against all applicable Credit Parties, except to as the extent that such enforcement enforceability of the Note and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor’s rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Brown & Brown Inc), Revolving Loan Agreement (Brown & Brown Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderLine of Credit Notes, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable enforceable, except to as the extent that such enforcement enforceability of the Line of Credit Notes and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderNotes, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable as against all applicable Credit Parties, except to as the extent that such enforcement enforceability of the Notes and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Revolving and Term Loan Agreement (Brown & Brown Inc), Term Loan Agreement (Serengeti Eyewear Inc), Revolving Line of Credit and Term Loan Agreement (Solar Mates Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderRevolving Notes, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable enforceable, except to as the extent that such enforcement enforceability of the Revolving Notes and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc)

Enforceability of Agreement. This Agreement is the legal, valid and --------------------------- binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, and the Loan Documents required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the rights of creditors generally.

Appears in 2 contracts

Samples: Credit Agreement (Rouse Company), Unsecured Revolving Credit Agreement (Rouse Company)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement Agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderNotes, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable enforceable, except to as the extent that such enforcement enforceability of the Notes and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Planet Hollywood International Inc), Revolving Credit Agreement (Planet Hollywood International Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be be, the legal, valid and binding obligations agreements of the Borrower, enforceable against the Borrower in accordance with their respective terms, and the Loan Documents Security Agreement and any other exhibit, instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the rights of creditors generallyin accordance with its terms.

Appears in 2 contracts

Samples: Credit Agreement (Amtran Inc), Credit Agreement (Amtran Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderNotes, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable as against all applicable Credit Parties, except to as the extent that such enforcement enforceability of the Note and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor’s rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 2 contracts

Samples: Revolving and Term Loan Agreement, Revolving and Term Loan Agreement (Brown & Brown Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Notes, and all other Loan Documents required hereunderDocuments, when executed and delivered, will be similarly legal, valid, binding and enforceable enforceable, except to as the extent that such enforcement enforceability of the Notes and other Loan Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Company enforceable against the Borrower Company in accordance with their respective its terms, and the Loan Documents required hereunderNote, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable as against all applicable Credit Parties, except to as the extent that such enforcement enforceability of the Note and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Convertible Subordinated Note Purchase Agreement (Consolidated Stainless Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when has been duly executed and delivered will be and constitutes the legal, valid and legally binding obligations obligation of the Borrower, enforceable against the Borrower in accordance with their respective its terms, subject to applicable Federal and the Loan Documents required hereunder, when executed State bankruptcy and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar insolvency laws affecting generally the rights of creditors generallycreditors.

Appears in 1 contract

Samples: Mortgage Loan Warehouse and Security Agreement (Community Home Mortgage Corp)

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Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderNote, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable as against all applicable Credit Parties, except to as the extent that such enforcement enforceability of the Note and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Revolving Loan Agreement (Brown & Brown Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when has been duly executed and delivered will be and constitutes the legal, valid and legally binding obligations obligation of the Borrower, enforceable against the Borrower in accordance with their respective its terms, subject to applicable Federal and state bankruptcy and insolvency laws affecting generally the Loan Documents required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization rights of creditors or other similar laws affecting the rights and remedies of creditors generallygenerally and general principles of equity.

Appears in 1 contract

Samples: Loan and Security Agreement (C2 Global Technologies Inc)

Enforceability of Agreement. This Agreement and the Note are legal, valid and binding agreements of Borrower, enforceable against Borrower in accordance with their terms, except as the enforceability thereof may be limited by bankruptcy, insolvency or other similar laws relating to the enforcement of creditors' rights generally. The Stock Pledge Agreement is the a legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective its terms, and except as the Loan Documents required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization insolvency or other similar laws affecting relating to the enforcement of creditors' rights of creditors generally.

Appears in 1 contract

Samples: Term Loan Agreement (Dynamic Materials Corp)

Enforceability of Agreement. This Agreement is is, and each other Loan Document when delivered to any of the Lenders or the Agent hereunder will be, a legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except subject to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or and other similar laws affecting creditor’s rights generally, and to the rights equitable and statutory powers of creditors generally.the courts having jurisdiction;

Appears in 1 contract

Samples: Credit Agreement (Encana Corp)

Enforceability of Agreement. This Agreement is the --------------------------- legal, valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Loan Documents required hereunderLine of Credit Notes, and all other Credit Documents, when executed and delivered, will be similarly legal, valid, binding and enforceable enforceable, except to as the extent that such enforcement enforceability of the Line of Credit Notes and other Credit Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Line of Credit Agreement (Hughes Supply Inc)

Enforceability of Agreement. This Agreement is the legal, --------------------------- valid and binding agreement of the Borrower, and the Notes when executed and delivered will be the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective its terms, and the Notes, and all other Loan Documents required hereunderDocuments, when executed and delivered, will be similarly legal, valid, binding and enforceable enforceable, except to as the extent that such enforcement en forceability of the Notes and other Loan Documents may be limited by applicable bankruptcy, insolvency, reorganization or reorganization, moratorium and other similar laws affecting the creditor's rights and remedies in general and by general principles of creditors generallyequity, whether considered in a proceeding at law or in equity.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, and the Notes when has been duly executed and delivered will be and constitutes the legal, valid and legally binding obligations obligation of the Borrower, enforceable against the Borrower in accordance with their respective its terms, subject to applicable Federal and the Loan Documents required hereunder, when executed State Bankruptcy and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar insolvency laws affecting generally the rights of creditors generallycreditors.

Appears in 1 contract

Samples: Loan and Security Agreement (Ronson Corp)

Enforceability of Agreement. This Agreement is the legal, valid and binding agreement of the Borrower, Borrower and the Notes when executed and delivered will be be, the legal, valid and binding obligations agreement of the Borrower, enforceable against the Borrower in accordance with their respective terms, and the Loan Documents any other exhibit, instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the rights of creditors generallyin accordance with its terms.

Appears in 1 contract

Samples: Credit Agreement (Bindley Western Industries Inc)

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