Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes the legal, valid and binding obligation of the Corporation enforceable against the Corporation in accordance with its terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other Laws relating to or affecting creditors' rights generally, and to general principles of equity.
Appears in 3 contracts
Samples: Investment Agreement, Loan Agreement, Investment Agreement
Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by the Corporation and constitutes the a legal, valid and binding obligation of the Corporation Corporation, enforceable against the Corporation in accordance with its terms, subject to except as enforcement hereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or similar laws affecting the rights of creditors generally and other Laws relating except as limited by the application of equitable principles when equitable remedies are sought and subject to or affecting creditors' the fact that rights generally, of indemnity and to general principles of equitycontribution may be limited by applicable law.
Appears in 3 contracts
Samples: Arrangement Agreement (Shockwave Medical, Inc.), Arrangement Agreement (Neovasc Inc), Arrangement Agreement (Clementia Pharmaceuticals Inc.)
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes the a legal, valid and binding obligation of the Corporation it enforceable against the Corporation it in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium reorganization and other Laws relating to or affecting laws of general application limiting the enforcement of creditors' ’ rights generally, generally and to general principles the fact that specific performance is an equitable remedy available only in the discretion of equitythe court.
Appears in 3 contracts
Samples: Convertible Bond Subscription Agreement (Nouveau Monde Graphite Inc.), Investment Agreement, Share Purchase Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes the legal, valid and binding obligation of the Corporation enforceable against the Corporation in accordance with its terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other Laws relating to or affecting creditors' ’ rights generally, and to general principles of equity.
Appears in 1 contract
Samples: Investment Agreement
Execution and Binding Obligation. This Agreement has been duly authorized, executed and delivered by the Corporation Corporation, and constitutes the a legal, valid and binding obligation of the Corporation enforceable against the Corporation it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (i) bankruptcy, subject to bankruptcywinding-up, insolvency, fraudulent transfer, reorganization, moratorium arrangement or other Law affecting the enforcement of creditors’ rights generally and other Laws relating to or affecting creditors' rights generally, (ii) the discretion that a court may exercise in the granting of extraordinary remedies such as specific performance and to general principles of equityinjunction.
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Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes the a legal, valid and binding obligation agreement of the Corporation enforceable against the Corporation it in accordance with its termsterms subject only to any limitation on enforcement under Laws relating to (i) bankruptcy, subject to bankruptcywinding-up, insolvency, fraudulent transfer, reorganization, moratorium arrangement or other Law affecting the enforcement of creditors’ rights generally and other Laws relating to or affecting creditors' rights generally, (ii) the discretion that a court may exercise in the granting of extraordinary remedies such as specific performance and to general principles of equityinjunction.
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Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and, assuming the due authorization, execution and constitutes delivery by the legalPurchaser and the Parent, valid and binding obligation of the Corporation is enforceable against the Corporation in accordance with its terms, subject to the qualification that such enforceability may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and reorganization or other Laws of general application relating to or affecting creditors' rights generallyof creditors and that equitable remedies, including specific performance, are discretionary and to general principles of equitymay not be ordered.
Appears in 1 contract
Execution and Binding Obligation. This Agreement has have been duly executed and delivered by the Corporation and constitutes the a legal, valid and binding obligation of the Corporation and is enforceable against the Corporation in accordance with its termssubject only to any limitation under applicable laws relating to (i) bankruptcy, subject to bankruptcywinding-up, insolvency, arrangement, fraudulent transferpreference and conveyance, reorganization, moratorium assignment and preference and other Laws relating to or similar laws of general application affecting creditors' rights generallyrights, and to general principles (ii) the discretion that a court may exercise in the granting of equityequitable remedies such as specific performance and injunction.
Appears in 1 contract
Samples: Share Purchase Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes the a legal, valid and binding obligation agreement of the Corporation Corporation, enforceable against the Corporation it in accordance with its terms, terms subject only to (a) any limitation on enforcement under Laws relating to bankruptcy, winding-up, insolvency, fraudulent transfer, reorganization, moratorium and arrangement or other Laws relating to or affecting the enforcement of creditors' rights generally, and to general principles (b) the discretion that a court may exercise in the granting of equityequitable remedies such as specific performance and injunction.
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Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes the legal, valid and binding obligation obligations of the Corporation Corporation, enforceable against the Corporation in accordance with its termsterms subject only to any limitation under Applicable Laws relating to:
(i) bankruptcy, subject to bankruptcywinding-up, insolvency, fraudulent transfer, reorganization, moratorium arrangement and other Laws relating to or laws of general application affecting the enforcement of creditors' rights generally’ rights, and to general principles (ii) the discretion that a court may exercise in the granting of equityequitable remedies such as specific performance and injunction.
Appears in 1 contract
Samples: Amalgamation Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and constitutes the a legal, valid and binding obligation of the Corporation it enforceable against the Corporation it in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium reorganization and other Laws relating to or affecting laws of general application limiting the enforcement of creditors' rights generally, generally and to general principles the fact that specific performance is an equitable remedy available only in the discretion of equitythe court.
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Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation and, assuming the due authorization, execution and constitutes delivery by the legalGeneral Partner, valid and binding obligation on behalf of the Corporation Purchaser, is enforceable against the Corporation in accordance with its terms, subject to the qualification that such enforceability may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and reorganization or other Laws of general application relating to or affecting creditors' rights generallyof creditors and that equitable remedies, including specific performance, are discretionary and to general principles of equitymay not be ordered.
Appears in 1 contract
Samples: Arrangement Agreement
Execution and Binding Obligation. This Agreement has been duly executed and delivered by the Corporation Corporation, and constitutes the a legal, valid and binding obligation agreement of the Corporation enforceable against the Corporation it in accordance with its terms, terms subject only to any limitation under Law relating to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and insolvency or other Laws relating to or Law affecting the enforcement of creditors' rights generally, generally and to general principles the discretion that a court may exercise in the granting of equityequitable remedies such as specific performance and injunction.
Appears in 1 contract
Samples: Arrangement Agreement (Nordion Inc.)