Common use of Enforceability of Agreements Clause in Contracts

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Poseida Therapeutics, Inc.), Sales Agreement (Poseida Therapeutics, Inc.)

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Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent such agreements that have expired by their termsare in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by be federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Lightwave Logic, Inc.), Sales Agreement (Pedevco Corp)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, Registration Statement and the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and by general equitable principles principles, and (ii) the indemnification provisions of certain agreements may be limited by federal federal, state or state provincial securities laws or public policy considerations in respect thereof, and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, Registration Statement and the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles principles, and (ii) the indemnification provisions of certain agreements may be limited by federal federal, state or state provincial securities laws or public policy considerations in respect thereof, and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)

Enforceability of Agreements. All Assuming the valid execution and delivery by the other parties to such agreements, all agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited by be federal or state securities laws or public policy considerations in respect thereof, except for thereof and (iii) any unenforceability thatunenforceability, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (PishPosh, Inc.), Common Stock Purchase Agreement (Boxed, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, Registration Statement or the Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles, (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, except for thereof and (iii) such agreements contain any unenforceability potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Contango ORE, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements those that have expired by their termsor terminated as disclosed in the Registration Statement or the Prospectus, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Apollomics Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their termsterms or whose termination is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (American Superconductor Corp /De/)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent such agreements that have expired by their termsare in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Inspira Technologies OXY B.H.N. LTD)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have been terminated or have expired by their terms, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Veracyte, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent such agreements that have expired by their termsare in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by be federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Mawson Infrastructure Group Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent such agreements that have expired by their termsare in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, thereof and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Schmitt Industries Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent such agreements that have expired by their termsare in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Panbela Therapeutics, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their termsterms or whose termination is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (American Superconductor Corp /De/)

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Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, Prospectus are legal, valid and binding obligations of the Company enforceable in accordance with their respective termsterms other than such agreements that have expired by their terms or whose termination is disclosed in documents filed by the Company on EXXXX, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Evolution Petroleum Corp)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their terms, Registration Statement and the Prospectuses are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles principles, and (ii) the indemnification provisions of certain agreements may be limited by federal federal, state or state provincial securities laws or public policy considerations in respect thereof, and except for any unenforceability other potentially unenforceable term that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Energy Fuels Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent that such agreements that have expired by their termsare in effect as of the date of this Agreement (and subsequent dates on which this representation is made), are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Helius Medical Technologies, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their termsterms or whose termination is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and principles; (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, ; and (iii) except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sonoma Pharmaceuticals, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than to the extent such agreements that have expired by their termsare in effect as of the date of this Agreement, are legal, valid and binding obligations of the Company enforceable against the Company in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification and contribution provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Blonder Tongue Laboratories Inc)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their termsterms or whose termination is disclosed in documents filed by the Company on EXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by be federal or state securities laws or public policy considerations in respect thereof, except for any unenforceability that, individually or in the aggregate, would not reasonably unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: At Market Issuance Sales Agreement (GreenHunter Resources, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, other than such agreements that have expired by their termsterms or whose termination is disclosed in documents filed by the Company on XXXXX, are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws Laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws Laws or public policy considerations in respect thereof, and except for any unenforceability that, individually or in the aggregate, would not reasonably unreasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Tg Therapeutics, Inc.)

Enforceability of Agreements. All agreements between the Company and third parties expressly referenced in the Prospectus, Prospectus (other than such agreements that have expired by their terms, terms or the termination of which is disclosed in documents filed with the Commission) are legal, valid and binding obligations of the Company enforceable in accordance with their respective terms, except to the extent that (i) enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general equitable principles and (ii) the indemnification provisions of certain agreements may be limited by federal or state securities laws or public policy considerations in respect thereof, except for any unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Sales Agreement (Corium International, Inc.)

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