Common use of Enforceability of Vendor’s Obligations Clause in Contracts

Enforceability of Vendor’s Obligations. This Agreement constitutes a valid and binding obligation of the Vendors enforceable against each of the Vendors in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of the rights of creditors and others and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought. Neither of the Vendors is an insolvent Person within the meaning of the Bankruptcy and Insolvency Act (Canada) and will not become an insolvent Person as a result of the Closing.

Appears in 1 contract

Samples: Share Purchase Agreement (Activecore Technologies Inc)

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Enforceability of Vendor’s Obligations. This Vendor represents and warrants as to him that (i) this Agreement constitutes a valid and binding obligation of the Vendors such Vendor enforceable against each of the Vendors him in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization insolvency or other laws affecting the enforcement of the rights of creditors and others and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought. Neither of the Vendors sought and (ii) such Vendor is not an insolvent Person person within the meaning of the Bankruptcy and Insolvency Act (Canada) and will not become an insolvent Person person as a result of the Closing.

Appears in 1 contract

Samples: Share Purchase Agreement (Monolithic System Technology Inc)

Enforceability of Vendor’s Obligations. This Agreement constitutes a valid and binding obligation of the Vendors Vendor enforceable against each of the Vendors Vendor in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of the rights of creditors and others and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought. Neither of the Vendors The Vendor is not an insolvent Person person within the meaning of the Bankruptcy and Insolvency Act (Canada) or similar laws of any other jurisdiction and will not become an insolvent Person person as a result of the Closing.

Appears in 1 contract

Samples: Share Purchase Agreement (Jetform Corp)

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Enforceability of Vendor’s Obligations. This Agreement constitutes a valid and binding obligation of the Vendors Vendor enforceable against each of the Vendors Vendor in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of the rights of creditors and others and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought. Neither of the Vendors The Vendor is not an insolvent Person person within the meaning of the Bankruptcy and Insolvency Act (Canada) and will not become an insolvent Person person as a result of the Closing.

Appears in 1 contract

Samples: Share Purchase Agreement (DealerTrack Holdings, Inc.)

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