Common use of Execution and Effect of Agreement Clause in Contracts

Execution and Effect of Agreement. Rocky Mountain I has the corporate power to enter into this Agreement and to perform its obligations hereunder and, subject to the due authorization and approval of its shareholders, to enter into and consummate the Rocky Mountain I Merger. Subject only to the approval of its Board of Directors, this Agreement has been duly executed and delivered by Rocky Mountain I and constitutes a legal, valid and binding obligation of Rocky Mountain I, fully enforceable against Rocky Mountain I in accordance with its terms; except as enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other laws of general application relating to or affecting enforcement of creditors' rights and the exercise of judicial discretion in accordance with general principles of equity.

Execution and Effect of Agreement. Rocky Mountain I II has the corporate power to enter into this Agreement and to perform its obligations hereunder and, subject to the due authorization and approval of its shareholders, to enter into and consummate the Rocky Mountain I II Merger. Subject only to the approval of its Board of Directors, this Agreement has been duly executed and delivered by Rocky Mountain I II and constitutes a legal, valid and binding obligation of Rocky Mountain III, fully enforceable against Rocky Mountain I II in accordance with its terms; except as enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other laws of general application relating to or affecting enforcement of creditors' rights and the exercise of judicial discretion in accordance with general principles of equity.