Execution and Delivery; Enforceability. This Agreement is duly and validly executed and delivered by the Company and constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as may be limited by the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or similar laws affecting the enforcement of creditors’ rights generally, and subject to principles of equity and public policy.
Appears in 6 contracts
Samples: Fee and Interest Equitization Agreement (B. Riley Financial, Inc.), Fee and Interest Equitization Agreement (Babcock & Wilcox Enterprises, Inc.), Backstop Exchange Agreement (Babcock & Wilcox Enterprises, Inc.)
Execution and Delivery; Enforceability. This Agreement is has been duly and validly executed and delivered by Xxxxx X. Xxxxxx, President and Chief Executive Officer of the Company and constitutes a the valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, moratorium or similar laws affecting the enforcement of creditors’ rights generally, generally and subject to by general equitable principles of equity and public policy(whether considered in a proceeding at law or in equity).
Appears in 2 contracts
Samples: Share Exchange Agreement (Sotherly Hotels Lp), Share Exchange Agreement (Sotherly Hotels Lp)
Execution and Delivery; Enforceability. This Agreement is has been duly and validly executed and delivered by the Company Company, and this Agreement constitutes a valid legal, valid, and binding obligation agreement of the Company, enforceable against the Company in accordance with its terms, except as such enforceability may be limited by the effect of by: (i) bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or conveyance, and other laws of general applicability relating to or similar laws affecting the enforcement of creditors’ rights generally, rights; and subject to (ii) general principles of equity and public policy(regardless of whether such enforceability is considered in a proceeding in equity or at law).
Appears in 2 contracts
Samples: Pledge and Security Agreement (McDermott International Inc), Non Debtor Affiliate Settlement Agreement (McDermott International Inc)
Execution and Delivery; Enforceability. (i) This Agreement is has been duly and validly executed and delivered by the Company Company, and constitutes a the valid and binding obligation obligations of the Company, enforceable against the Company in accordance with its terms, except as may be limited by the effect of subject to bankruptcy, reorganization, insolvency, reorganization, moratorium, fraudulent conveyance, or similar moratorium and other laws affecting the enforcement of creditors’ rights generally, generally from time to time in effect and subject to principles of equity and public policygeneral equitable principles.
Appears in 2 contracts
Samples: Subscription Agreement (Iaso Pharma Inc), Subscription Agreement (Iaso Pharma Inc)
Execution and Delivery; Enforceability. This Agreement is has been duly and validly executed and delivered by the Company Company, and constitutes a each such document constitutes, or will constitute, the valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as may be limited by the effect of terms subject to: (i) bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or moratorium and other similar laws now or hereafter in effect relating to or affecting the enforcement of creditors’ rights generally, and subject to (ii) general principles of equity and public policy(regardless of whether considered in a proceeding at law or in equity).
Appears in 1 contract
Samples: Investment Commitment Agreement (Quantum Corp /De/)