Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person in accordance with their respective terms and provisions, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Kasper a S L LTD), Revolving Credit Agreement (Kasper a S L LTD), Revolving Credit Agreement (Kasper a S L LTD)
Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of each of the Borrower and the Guarantors Borrowers enforceable against each such Person in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor therefore may be brought.
Appears in 4 contracts
Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement and the other Credit Documents as amended hereby, hereby constitute the legal, valid and binding obligations of the each Borrower and the Guarantors enforceable against each such Person Borrower in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp)
Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of each of the Borrower Guarantors and the Guarantors Borrower, enforceable against each such Person in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to to, or affecting generally the enforcement of of, creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be broughtby equitable principles.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn), Revolving Credit and Term Loan Agreement (Buca Inc /Mn)
Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsterms, except as enforceability is provided that (i) enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or of general application affecting generally the enforcement of creditors' rights and except to remedies of creditors and (ii) the extent that availability of the remedy remedies of specific performance or and injunctive relief is may be subject to the discretion of the court before which any proceeding therefor proceedings for such remedies may be brought.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Jones Herff Inc), Revolving Credit and Term Loan Agreement (Jones Herff Inc)
Enforceability of Obligations. This Amendment and the Credit ----------------------------- Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 2 contracts
Samples: Revolving Credit Agreement (California Steel Industries Inc), Revolving Credit Agreement (California Steel Industries Inc)
Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors Company enforceable against each such Person the Company in accordance with their respective terms and provisionsits terms, except as to the extent that the enforceability is thereof may be limited by applicable bankruptcy, insolvency, fraudulent convenyance, reorganization, moratorium or other similar laws relating to or generally affecting generally the enforcement of creditors' rights and except to the extent that availability by equitable principles (regardless of the remedy of specific performance whether enforcement is sought in equity or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be broughtat law).
Appears in 2 contracts
Samples: Credit Agreement (TAL International Group, Inc.), Credit Agreement (TAL International Group, Inc.)
Enforceability of Obligations. This The Amendment and the Credit ----------------------------- Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 2 contracts
Samples: Revolving Credit Agreement (California Steel Industries Inc), Revolving Credit Agreement (California Steel Industries Inc)
Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, Agreement subject hereto constitute the legal, valid and binding obligations of each of the Borrower and the Guarantors Borrowers enforceable against each such Person in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor therefore may be brought.
Appears in 2 contracts
Samples: Exit Credit Agreement (Footstar Inc), Exit Credit Agreement (Footstar Inc)
Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 2 contracts
Samples: Credit Agreement (Selkirk Cogen Partners Lp), Credit Agreement (Selkirk Cogen Partners Lp)
Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement and the other Credit Documents as amended hereby, hereby constitute the legal, valid and binding obligations of the Borrower and the Guarantors Company enforceable against each such Person the Company in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
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Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 1 contract
Samples: Revolving Credit Agreement (California Steel Industries Inc)
Enforceability of Obligations. This Amendment and the Credit Agreement, Loan and Security Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of each of the Borrower and the Guarantors Borrowers enforceable against each such Person in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 1 contract
Samples: Debtor in Possession Loan and Security Agreement (Jacobson Stores Inc)
Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsits terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
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Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement and the other Loan Documents as amended hereby, hereby constitute the legal, valid and binding obligations each of the Borrower and the Guarantors Credit Parties enforceable against each such Person of the Credit Parties in accordance with their respective terms and provisionsterms, except as enforceability is may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement of creditors' ’ rights generally and except to the extent that availability of the remedy of specific performance general equitable principles, whether enforcement is sought by a proceeding in equity or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be broughtat law.
Appears in 1 contract
Samples: Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of the Borrower and the Guarantors enforceable against each such Person the Borrower in accordance with their respective terms and provisionsits terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be maybe brought.
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Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement as amended hereby, and the other Loan Documents hereby constitute the legal, valid and binding obligations of the Borrower and the Guarantors Borrowers enforceable against each such Person the Borrowers in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
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Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of the Borrower Parent and the Guarantors Borrower enforceable against each such Person the Parent and the Borrower in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
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Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement as amended hereby, hereby constitute the legal, valid and binding obligations of each of the Borrower and the Guarantors Borrowers enforceable against each such Person in accordance with their respective terms and provisionsterms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of of, creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 1 contract
Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Enforceability of Obligations. This Amendment and the Credit Agreement, Agreement and the other Loan Documents as amended hereby, hereby constitute the legal, valid and binding obligations each of the Borrower and the Guarantors Credit Parties enforceable against each such Person of the Credit Parties in accordance with their respective terms and provisionsterms, except as enforceability is may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement of creditors' ’ rights generally and except to the extent that availability of the remedy of general equitable principles (including specific performance and injunctive relief), whether enforcement is sought by a proceeding in equity or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be broughtat law.
Appears in 1 contract
Samples: Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Enforceability of Obligations. This Amendment and the Credit Agreement, as amended hereby, Original Agreement constitute the legal, valid and binding obligations of the Borrower and the Guarantors Borrower, enforceable against each such Person it in accordance with their respective terms and provisionsterms, except as enforceability is enforcement of the same may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement enforcing of creditors' ’ rights and except to the extent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be broughtgenerally.
Appears in 1 contract