Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 74 contracts
Samples: Credit and Security Agreement (Christopher & Banks Corp), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute the legal, valid and binding obligations and agreements of the Borrower, enforceable against the Borrower in accordance with their respective terms, including against claims of usury, except to the extent that enforcement thereof may be limited by any applicable bankruptcy, insolvency or similar laws now or hereafter in effect affecting creditors’ rights generally.
Appears in 11 contracts
Samples: 364 Day Credit Agreement (3m Co), Five Year Credit Agreement (3m Co), 364 Day Credit Agreement (3m Co)
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrowers, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms.
Appears in 6 contracts
Samples: Credit and Security Agreement (Pacific Cma Inc), Credit and Security Agreement (Synergetics Usa Inc), Credit and Security Agreement (Synergetics Usa Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by general equitable principles.
Appears in 5 contracts
Samples: Credit Agreement (Xcel Energy Inc), Credit Agreement (Xcel Energy Inc), Credit Agreement (Sensient Technologies Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute constitute, the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective terms.
Appears in 5 contracts
Samples: Credit Agreement (Young America Holdings Inc), Credit Agreement (Arctic Cat Inc), Credit Agreement (Analysts International Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the each Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the each Borrower, enforceable against the each Borrower in accordance with their respective terms.
Appears in 4 contracts
Samples: Credit and Security Agreement (Bionova Holding Corp), Credit and Security Agreement (Allis Chalmers Corp), Credit and Security Agreement (Zila Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors' rights generally.
Appears in 4 contracts
Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Netlist Inc)
Legal Agreements. This Agreement constitutes and, upon due ---------------- execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 3 contracts
Samples: Credit and Security Agreement (Act Teleconferencing Inc), Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by general equitable principles.
Appears in 3 contracts
Samples: Credit Agreement (Sensient Technologies Corp), Credit Agreement (Sensient Technologies Corp), Credit Agreement (Sensient Technologies Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents executed by it will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 3 contracts
Samples: Credit and Security Agreement (Hc2 Holdings, Inc.), Credit and Security Agreement (HC2 Holdings, Inc.), Credit and Security Agreement (Schuff International Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective termsterms except as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and/or as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.
Appears in 2 contracts
Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement (CPS Technologies Corp/De/)
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrower and approval of the Bankruptcy Court, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 2 contracts
Samples: Credit and Security Agreement (Gardenburger Inc), Credit and Security Agreement (Gardenburger Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrowers, the other Loan Documents will constitute constitute, the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms.
Appears in 2 contracts
Samples: Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Misonix Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents to which the Borrower is a party will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 2 contracts
Samples: Term Loan Agreement (Municipal Mortgage & Equity LLC), Credit and Security Agreement (Miscor Group, Ltd.)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute constitute, the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 2 contracts
Samples: Credit and Security Agreement (Ag Bag International LTD), Credit and Security Agreement (Shop at Home Inc /Tn/)
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrowers, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms, except as such enforceability may be affected by applicable bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally and by principles of equity.
Appears in 2 contracts
Samples: Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Global Employment Holdings, Inc.)
Legal Agreements. This Agreement constitutes and, upon due execution by the each Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the each Borrower, enforceable against the each Borrower in accordance with their respective terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors' rights generally.
Appears in 2 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (Pemco Aviation Group Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, subject to applicable bankruptcy, reorganization, insolvency, moratorium, and other similar laws affecting creditors rights generally from time to time in effect and to general principles of equity.
Appears in 2 contracts
Samples: Credit Agreement (Advanced BioEnergy, LLC), Credit Agreement (Advanced BioEnergy, LLC)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally.
Appears in 2 contracts
Samples: Credit and Security Agreement (Landec Corp \Ca\), Credit and Security Agreement (Landec Corp \Ca\)
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrowers, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the each Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Leather Factory Inc)
Legal Agreements. This Agreement constitutes andand the other Loan Documents, upon due execution by the Borrowerrespective parties, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower and all its successors and assigns, including any bankruptcy trustee or examiner, in accordance with their respective terms.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective termsterms (subject, as to enforceability, to limitations resulting from bankruptcy, insolvency and other similar laws affecting creditors’ rights generally).
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by general equitable principles.
Appears in 1 contract
Legal Agreements. This Agreement constitutes andconstitutes, upon due execution by the Borrower, and the other Loan Documents Documents, when executed and delivered by the Borrower hereunder, will constitute constitute, the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective terms, except to the extent that enforcement thereof may be limited by any applicable bankruptcy, insolvency or similar laws now or hereafter in effect affecting creditor's rights generally (other than fraudulent conveyance laws and preference laws) and by general principles of equity.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Community First Bankshares Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents to which the Lender is a party constitute (or will constitute when executed and delivered) the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due ----------------- execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective termsterms subject to applicable bankruptcy, insolvency, and other similar laws of general application limiting the enforcement of creditors’ rights generally and the fact that equitable remedies, including specific performance are discretionary and may not be ordered in respect to certain defaults.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the each Borrower, the each other Loan Documents Document will constitute the legal, valid and binding obligations obligation of the each Borrower, enforceable against the each Borrower in accordance with their its respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Colonial Commercial Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally.
Appears in 1 contract
Samples: Credit and Security Agreement (Corsair Components, Inc.)
Legal Agreements. This Agreement constitutes andconstitutes, upon due execution by the Borrower, and the other Loan Documents Documents, when executed and delivered by the Borrower hereunder, will constitute constitute, the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective terms, except to the extent that enforcement thereof may be limited by any applicable bankruptcy, insolvency or similar laws now or hereafter in effect affecting creditor’s rights generally (other than fraudulent conveyance laws and preference laws) and by general principles of equity.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Community First Bankshares Inc)
Legal Agreements. This Agreement constitutes and, upon Upon due execution by the BorrowerBorrower and the other parties thereto, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, Borrower and are enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Credit Agreement (Hia Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the each Borrower, the other Loan Documents will constitute constitute, the legal, valid and binding obligations of the such Borrower, enforceable against the such Borrower in accordance with their respective terms, except insofar as the enforceability thereof may be limited (a) by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and (b) by general principles of equity and public policy (regardless of whether considered at law or in equity).
Appears in 1 contract
Samples: Term Loan and Security Agreement (Frontline Communications Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, subject to limitations as to enforceability which might result from bankruptcy, insolvency, moratorium and other similar laws affecting creditors' rights generally and subject to limitations on the availability of equitable remedies.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, ---------------- upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Transaction Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute constitute, the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower in accordance with their respective terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally or by general equitable principles.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the each Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the each Borrower, enforceable against the each Borrower in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforceability of creditor's rights generally and by general equitable principles.
Appears in 1 contract
Samples: Credit and Security Agreement (Ramtron International Corp)
Legal Agreements. This Agreement constitutes andconstitutes, and upon due execution by the Borrower, the other Loan Documents will constitute constitute, the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Loan and Security Agreement (Travis Boats & Motors Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except to the extent such enforcement may be limited by applicable bankruptcy, insolvency and other laws affecting the rights of creditors generally.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Brauns Fashions Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective termsterms except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors' rights and except to the extent that availability of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought.
Appears in 1 contract
Samples: Credit and Security Agreement (Chaparral Network Storage Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’rights generally or by general equitable principles.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrowers executing the same, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers executing the same, enforceable against the such Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Medical Dynamics Inc)
Legal Agreements. This Agreement constitutes andAgreement, upon due execution by the Borrower, Note and the other Loan Documents constitute, and when delivered by the Borrower and Guarantors hereunder, will constitute the legal, valid and binding obligations of the Borrower, Borrower enforceable against the Borrower and Guarantors in accordance with their respective terms.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon ---------------- due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Bentley International Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will shall constitute the legal, valid valid, and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Senior Borrowing Base Revolving Line of Credit Agreement (Fortress Group Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by each of the BorrowerBorrowers, the other Loan Documents will constitute the legal, valid and binding obligations of the each Borrower, enforceable against the each Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Debtor in Possession Loan and Security Agreement (Capital Growth Systems Inc /Fl/)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as enforcement may be limited by equitable principals or by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally.
Appears in 1 contract
Samples: Credit and Security Agreement (Dynamic Materials Corp)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will Documents, when executed and delivered by Borrower and Partners, constitute the legal, valid valid, and binding obligations of the Borrower, Borrower and Partners and are enforceable against the Borrower each of them in accordance with their respective terms. Each individual signing this Agreement and the other Loan Documents has full authority to sign same and to bind Borrower and Partners to the terms thereof.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective termsterms .
Appears in 1 contract
Samples: Loan and Security Agreement (Technology Flavors & Fragrances Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrower and each Guarantor, as the case may be, enforceable against the Borrower and each Guarantor, as the case may be, in accordance with their respective terms.”
8. Section 5.12 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by each of the BorrowerBorrowers, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Nu Kote Holding Inc /De/)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, moratorium or similar laws affecting creditors’ rights generally.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or similar laws affecting the enforcement of creditors rights generally, and by general equitable principles.
Appears in 1 contract
Legal Agreements. This Agreement constitutes and, upon due execution by the BorrowerBorrowers, the other Loan Documents will constitute the legal, valid and binding obligations of the BorrowerBorrowers, enforceable against the Borrower Borrowers in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or similar laws affecting the enforcement of creditor's rights generally and by general equitable principles.
Appears in 1 contract
Samples: Credit and Security Agreement (Luminant Worldwide Corp)
Legal Agreements. This Agreement constitutes and, ----------------- upon due execution by the Borrower, the other Loan Documents will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Primesource Healthcare Inc)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, and the other Loan Documents will constitute the legal, valid and binding obligations and agreements of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws now or hereafter in effect affecting creditors’ rights generally and general principles of equity (whether considered in a proceeding in equity or at law) and an implied covenant of good faith and fair dealing.
Appears in 1 contract
Samples: Credit Agreement (3m Co)
Legal Agreements. This Agreement constitutes and, upon due execution by the Borrower, the other Loan Documents to which the Borrower is a party, when duly executed and delivered, will constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms.
Appears in 1 contract
Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)