Execution and Delivery; Valid and Binding Agreement. This Agreement, and each Related Agreement to which the Manager is, or will be at Closing, a party (a) have been (or, in the case of Related Agreements to be entered at Closing, will be when executed and delivered) duly executed and delivered by it, and (b) assuming that this Agreement and such Related Agreements are the valid and binding obligation of the Parent and Merger Sub, this Agreement constitutes (or in the case of Related Agreements to be entered into at Closing, will constitute when executed and delivered) the legal, valid and binding obligation of the Manager, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy laws, other similar laws affecting creditors' rights and general principles of equity affecting the availability of specific performance and other equitable remedies.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (ONE Group Hospitality, Inc.), Agreement and Plan of Merger (ONE Group Hospitality, Inc.), Agreement and Plan of Merger (ONE Group Hospitality, Inc.)
