Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 43 contracts
Samples: Financing Agreement (Unique Logistics International, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Financing Agreement (Orthofix Medical Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equity.
Appears in 30 contracts
Samples: Financing Agreement (Mondee Holdings, Inc.), Financing Agreement (Mondee Holdings, Inc.), Financing Agreement (Mondee Holdings, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 21 contracts
Samples: Financing Agreement (Loud Technologies Inc), Financing Agreement (Elgar Holdings Inc), Financing Agreement (Modtech Holdings Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitygenerally.
Appears in 13 contracts
Samples: Credit Agreement (Funko, Inc.), Credit Agreement (Funko, Inc.), Credit Agreement (Funko, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 12 contracts
Samples: Financing Agreement (Xponential Fitness, Inc.), Credit Agreement (Boxlight Corp), Financing Agreement (Xponential Fitness, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equitygenerally.
Appears in 11 contracts
Samples: Financing Agreement (Angie's List, Inc.), Financing Agreement (Dico, Inc.), Financing Agreement (Angie's List, Inc.)
Enforceability of Loan Documents. This Amendment, the Financing Agreement isas amended by this Amendment, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 10 contracts
Samples: Financing Agreement (Funko, Inc.), Financing Agreement (Funko, Inc.), Financing Agreement (Funko, Inc.)
Enforceability of Loan Documents. This Amendment, the Loan Agreement isas amended by this Amendment, and each other Loan Document to which any Loan Party Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 10 contracts
Samples: Loan and Security Agreement (Creative Realities, Inc.), Loan and Security Agreement (Creative Realities, Inc.), Loan and Security Agreement (Creative Realities, Inc.)
Enforceability of Loan Documents. This Agreement isEach of this Amendment, the Credit Agreement, as amended hereby, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party party thereto, enforceable against such Person Loan Party in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting of general application relating to the enforcement of creditors’ creditor’s rights generally and by general principles of equityequitable principles.
Appears in 9 contracts
Samples: Security Agreement, Credit and Security Agreement (Pope & Talbot Inc /De/), Credit and Security Agreement (Pope & Talbot Inc /De/)
Enforceability of Loan Documents. This Agreement Amendment is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 9 contracts
Samples: Financing Agreement (OptimizeRx Corp), Financing Agreement (Remark Holdings, Inc.), Financing Agreement (Remark Media, Inc.)
Enforceability of Loan Documents. This Each of this Waiver, the Credit Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party party thereto, enforceable against such Person Loan Party in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting of general application relating to the enforcement of creditors’ creditor’s rights generally and by general principles of equityequitable principles.
Appears in 9 contracts
Samples: Credit and Security (Pope & Talbot Inc /De/), Eighth Waiver (Pope & Talbot Inc /De/), Possession Credit and Security Agreement (Pope & Talbot Inc /De/)
Enforceability of Loan Documents. This Agreement Amendment is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equity.
Appears in 7 contracts
Samples: Financing Agreement (Avid Technology, Inc.), Financing Agreement (Avid Technology, Inc.), Financing Agreement (Avid Technology, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 6 contracts
Samples: Financing Agreement (PRG Schultz International Inc), Financing Agreement (Gametech International Inc), Financing Agreement (Milacron Inc)
Enforceability of Loan Documents. This Agreement isEach of this Waiver, the Credit Agreement, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party party thereto, enforceable against such Person Loan Party in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting of general application relating to the enforcement of creditors’ creditor’s rights generally and by general principles of equityequitable principles.
Appears in 5 contracts
Samples: Possession Credit and Security Agreement (Pope & Talbot Inc /De/), Possession Credit and Security Agreement (Pope & Talbot Inc /De/), Credit and Security Agreement (Pope & Talbot Inc /De/)
Enforceability of Loan Documents. This Agreement isEach of this Amendment and the Financing Agreement, as amended hereby, and each the other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 4 contracts
Samples: Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.), Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.), Financing Agreement (Allied Holdings Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document and Related Transaction Document to which any Loan Party or any of its Subsidiaries is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 3 contracts
Samples: Credit Agreement (RMG Networks Holding Corp), Credit Agreement (SCG Financial Acquisition Corp.), Junior Credit Agreement (SCG Financial Acquisition Corp.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document and Related Transaction Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 3 contracts
Samples: Financing Agreement (Body Central Acquisition Corp), Financing Agreement (Body Central Acquisition Corp), Financing Agreement (Body Central Acquisition Corp)
Enforceability of Loan Documents. This Agreement isAmendment, the Financing Agreement, as amended hereby and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and or by general equitable principles of equityrelating to enforceability.
Appears in 3 contracts
Samples: Financing Agreement (Eagle Family Foods Inc), Financing Agreement (Eagle Family Foods Inc), Financing Agreement (Eagle Family Foods Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party each Borrower and each Guarantor is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrowers and the Guarantors, enforceable against such Person the Borrowers and the Guarantors in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 3 contracts
Samples: Credit Agreement (Decorative Home Accents Inc), Credit Agreement (Decorative Home Accents Inc), Credit Agreement (Decorative Home Accents Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general or principles of equity.
Appears in 2 contracts
Samples: Credit Agreement (Lantheus Medical Imaging, Inc.), Credit Agreement (Lantheus MI Intermediate, Inc.)
Enforceability of Loan Documents. This Agreement Amendment is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 2 contracts
Samples: Financing Agreement (Steel Connect, Inc.), Financing Agreement (Steel Connect, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitygenerally.
Appears in 2 contracts
Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 2 contracts
Samples: Financing Agreement (Allied Holdings Inc), Financing Agreement (Allied Holdings Inc)
Enforceability of Loan Documents. This Agreement Amendment and Waiver is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 2 contracts
Samples: Financing Agreement (Unique Logistics International, Inc.), Financing Agreement (Unique Logistics International, Inc.)
Enforceability of Loan Documents. This Agreement isAgreement, the Loan -------------------------------- Agreement, as amended hereby, and each other Loan Document to which any Loan Party each Borrower is or will be a party, when delivered hereunder, will be, party is a legal, valid and binding obligation of such PersonBorrower, enforceable against such Person Borrower in accordance with its terms, except as such enforceability may be limited by applicable or subject to any bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equitygenerally.
Appears in 2 contracts
Samples: Modification Agreement (Video City Inc), Second Modification Agreement (Video City Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party party hereto, enforceable against each such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 2 contracts
Samples: Financing Agreement (ITHAX Acquisition Corp.), Financing Agreement (ITHAX Acquisition Corp.)
Enforceability of Loan Documents. This Agreement isAmendment, the Financing Agreement, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, is and will be, be a legal, valid and binding obligation of such Personeach Loan Party party thereto, enforceable against such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 2 contracts
Samples: Financing Agreement (AgileThought, Inc.), Financing Agreement (AgileThought, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any each Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, terms except as to the extent the enforceability thereof may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws from time to time in effect affecting generally, the enforcement of creditors’ ' rights generally and remedies and by general principles of equity.
Appears in 2 contracts
Samples: Financing Agreement (Norton McNaughton Inc), Financing Agreement (Chic by H I S Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and except as limited by general principles of equity.
Appears in 2 contracts
Samples: Credit Agreement (Progressive Gaming International Corp), Financing Agreement (Progressive Gaming International Corp)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party or DSW is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of relating to or limiting creditors’ ' rights generally and or by general equitable principles of equityrelating to enforceability.
Appears in 2 contracts
Samples: Senior Loan Agreement (DSW Inc.), Senior Loan Agreement (Retail Ventures Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any of the Loan Party Parties or any of its respective Subsidiaries is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equitygenerally.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement (Westmoreland Resource Partners, LP)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to the which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrower, enforceable against such Person the Borrower in accordance with its terms. Each Loan Document to which a Subsidiary of the Borrower is or will be a party, except as enforceability may when delivered hereunder, will be limited by applicable bankruptcya legal, insolvencyvalid and binding obligation of such Subsidiary, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equityenforceable against such Subsidiary in accordance with its terms.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable enforceable, subject to Bankruptcy Court approval, against such Person Loan Party in accordance with its terms, except as to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or other similar laws generally affecting the enforcement of creditors’ ' rights generally and by general equitable principles (regardless of equitywhether enforcement is sought in equity or at law).
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any each Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, terms except as to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws from time to time in effect affecting generally, the enforcement of creditors’ ' rights generally and remedies and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document and other Transaction Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equityequitable principles.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and laws, or by general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity).
Appears in 1 contract
Samples: Credit Agreement (Avado Brands Inc)
Enforceability of Loan Documents. This First Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equity.
Appears in 1 contract
Samples: Financing Agreement (SMTC Corp)
Enforceability of Loan Documents. This Upon entry of the Interim Order, this Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Samples: Possession Financing Agreement (AgileThought, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity, and for the avoidance of doubt in the case of the English Loan Parties and the English Security Documents, subject to the Legal Reservations.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equity.
Appears in 1 contract
Samples: Financing Agreement (Grindrod Shipping Holdings Ltd.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, party when delivered hereunder, hereunder will be, and each other Transaction Document is, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally law and by general principles of equity.
Appears in 1 contract
Samples: Credit Agreement (Deep Down, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party a Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonBorrower, enforceable against such Person Borrower in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other -------------------------------- Loan Document to which the Borrower or any Loan Party of its Subsidiaries is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document and Transaction Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and or by general equitable principles of equityrelating to enforceability.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by subject to general principles of equity, regardless of whether considered a proceeding in equity or at law.
Appears in 1 contract
Enforceability of Loan Documents. This Subject to the entry of the Bankruptcy Court Orders, this Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Samples: Financing Agreement (Aaipharma Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Credit Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Credit Agreement (Milacron Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrower, enforceable against such Person the Borrower in accordance with its terms, terms except as to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws from time to time in effect affecting generally, the enforcement of creditors’ rights generally and remedies and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each -------------------------------- other Loan Document to which any each Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, terms except as to the extent the enforceability thereof may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws from time to time in effect affecting generally, the enforcement of creditors’ ' rights generally and remedies and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Each of this Waiver, the Credit Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party thereto, enforceable against such Person Loan Party in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting of general application relating to the enforcement of creditors’ creditor’s rights generally and by general principles of equityequitable principles.
Appears in 1 contract
Samples: Credit and Security Agreement (Pope & Talbot Inc /De/)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower or the Guarantor is or will be a party, when delivered hereunder, will be, be a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which the Parent or any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 1 contract
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrower, enforceable against such Person the Borrower in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sun Television & Appliances Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonPerson (except for the Mexican Security Documents requiring notarization, registration or the approval of third parties), enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 1 contract
Enforceability of Loan Documents. This -------------------------------- Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 1 contract
Samples: Financing Agreement (Solutia Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Transaction Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and or by general equitable principles of equityrelating to enforceability.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which the Parent or any Loan Party of its Subsidiaries is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
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Samples: Financing Agreement (Enherent Corp)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ creditor's rights generally and by general principles of equitygenerally.
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Samples: Financing Agreement (Aaipharma Inc)
Enforceability of Loan Documents. This Agreement, the Financing Agreement is, and each other Loan Document to which any Loan Party is or and will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party, enforceable against such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party each Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding joint and several obligation of such Personthe Borrowers, enforceable against such Person the Borrowers in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, ; insolvency, reorganization, moratorium or and other similar laws affecting the enforcement rights of creditors’ rights creditors generally and by general principles of equity.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrower, enforceable against such Person the Borrower in accordance with its terms, except as to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or other similar laws generally affecting the enforcement of creditors’ ' rights generally and by general equitable principles (regardless of equitywhether enforcement is sought in equity or at law).
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Samples: Credit and Term Loan Agreement (Golden Books Family Entertainment Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunderhereunder and following all necessary registrations and filings, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
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Samples: Financing Agreement (Colonnade Acquisition Corp. II)
Enforceability of Loan Documents. This Agreement, the Credit Agreement is, and each other Loan Document to which any Loan Party is or and will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personeach Loan Party, enforceable against such Person Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, constitute valid and legally binding obligation obligations of such PersonLoan Party, enforceable against such Person in accordance with its terms, except (a) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws of general application affecting the enforcement of creditors’ rights generally generally, and (b) as limited by general principles laws relating to the availability of equityspecific performance, injunctive relief or other equitable remedies.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.equity.
Appears in 1 contract
Samples: Financing Agreement
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
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Samples: Term Loan Agreement (Anchor Glass Container Corp /New)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
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Samples: Financing Agreement (Regis Corp)
Enforceability of Loan Documents. This Agreement is, and each -------------------------------- other Loan Document to which any Loan Party each Borrower and Guarantor is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrower and the Guarantors, enforceable against such Person each Borrower and Guarantor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
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Samples: Financing Agreement (Happy Kids Inc)
Enforceability of Loan Documents. This Agreement Amendment is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.. (e)
Appears in 1 contract
Samples: Financing Agreement
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when duly executed and delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
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Samples: Credit Agreement (KCS Energy Inc)
Enforceability of Loan Documents. This Agreement is, and each of the other Loan Document Related Documents to the which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, be a legal, valid and binding obligation of such Personthe Borrower, enforceable against such Person the Borrower in accordance with its terms. Each Loan Document to which a Subsidiary of the Borrower is or will be a party, except as enforceability may when delivered hereunder, will be limited by applicable bankruptcya legal, insolvencyvalid and binding obligation of each Subsidiary, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equityenforceable against such Subsidiary in accordance with its terms.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any each Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person principles in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws and general equity principles affecting the enforcement of creditors’ ' rights generally and by general principles of equitygenerally.
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Enforceability of Loan Documents. This Agreement is, and -------------------------------- each other Loan Document to which any each Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, terms except as to the extent the enforceability thereof may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws from time to time in effect affecting generally, the enforcement of creditors’ ' rights generally and remedies and by general principles of equity.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equity.generally
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Enforceability of Loan Documents. This Agreement Each of this Consent and the Financing Agreement, as amended hereby, is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunderunder the Financing Agreement, as amended hereby, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equity.
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Enforceability of Loan Documents. This Agreement is, and each the other Loan Document Documents to which any Loan Party Borrower is or will be a partyparty are, and when delivered hereunder, will be, a legal, valid and binding obligation of such PersonBorrower, enforceable against such Person Borrower in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Samples: Credit Agreement (Gs Technologies Operating Co Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party the Borrower is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Personthe Borrower, enforceable against such Person the Borrower in accordance with its terms. Each Loan Document to which a Subsidiary of the Borrower is or will be a party, except as enforceability may when delivered hereunder, will be limited by applicable bankruptcya legal, insolvencyvalid and binding obligation of such Subsidiary, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equityenforceable against such Subsidiary in accordance with its terms.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally laws, and by general principles of equity.
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.,
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by or general principles of equity.
Appears in 1 contract
Samples: Financing Agreement (Spheris Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.
Appears in 1 contract
Samples: Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party Group Member is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, 737240988 reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity, regardless of whether enforceability is considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Maintenance Services Agreement (Vivint Solar, Inc.)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.. (e)
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Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party or any of its Subsidiaries is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such Person, enforceable against such Person in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equitylaws.
Appears in 1 contract
Samples: Financing Agreement (Tri State Outdoor Media Group Inc)
Enforceability of Loan Documents. This Agreement is, and each other Loan Document to which any Loan Party is or will be a party, when executed and delivered hereunderby such Loan Party, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Financing Agreement (GP Investments Acquisition Corp.)
Enforceability of Loan Documents. This Agreement is, and each -------------------------------- other Loan Document to which any such Loan Party is or will be a party, when delivered hereunder, will be, a legal, valid and binding obligation of such PersonLoan Party, enforceable against such Person Loan Party in accordance with its terms, except as such enforceability may be limited by applicable or subject to any bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and by general principles of equitygenerally.
Appears in 1 contract
Samples: Term Loan Agreement (Polyphase Corp)