Common use of Legal Capacity of IceWEB Clause in Contracts

Legal Capacity of IceWEB. (a) Iceweb has the legal capacity to execute and deliver this Agreement and to consummate the transactions contemplated hereby. (b) The execution and delivery of this Agreement by Iceweb, and the consummation of the transactions contemplated hereby, do not violate or conflict with (i) any material terms of any organizational document or any instrument, contractual restriction or commitment of any kind or character to which Iceweb a party or by which it is bound, or (ii) any requirement of law or any judgment, decree or order of any governmental or regulatory authority to which Iceweb is subject or by which Iceweb or any of its respective assets or properties is bound. (c) This Agreement has been duly and validly executed by Iceweb, and constitutes a valid and binding obligation of Iceweb enforceable against Iceweb in accordance with its terms except to the extent that (i) such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and (ii) the availability of remedies, including specific performance, is Subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 2 contracts

Samples: Asset and Stock Purchase Agreement (Iceweb Inc), Stock Purchase and Exchange Agreement (Iceweb Communications Inc)

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Legal Capacity of IceWEB. (a) Iceweb IceWEB has the legal capacity to execute and deliver this Agreement and to consummate the transactions contemplated hereby. (b) The execution and delivery of this Agreement by IcewebIceWEB, and the consummation of the transactions contemplated hereby, do not violate or conflict with (i) any material terms of any organizational document or any instrument, contractual restriction or commitment of any kind or character to which Iceweb IceWEB a party or by which it is bound, or (ii) any requirement of law or any judgment, decree or order of any governmental or regulatory authority to which Iceweb IceWEB is subject or by which Iceweb IceWEB or any of its respective assets or properties is bound. (c) This Agreement has been duly and validly executed by IcewebIceWEB, and constitutes a valid and binding obligation of Iceweb IceWEB enforceable against Iceweb IceWEB in accordance with its terms except to the extent that (i) such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and (ii) the availability of remedies, including specific performance, is Subject subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 2 contracts

Samples: Asset and Stock Purchase Agreement (Iceweb Inc), Asset and Stock Purchase Agreement (Iceweb Inc)

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Legal Capacity of IceWEB. (a) Iceweb IceWEB has the legal capacity to execute and deliver this Agreement and to consummate the transactions contemplated hereby. (b) The execution and delivery of this Agreement by IcewebIceWEB, and the consummation of the transactions contemplated hereby, do not violate or conflict with (i) any material terms of any organizational document or any instrument, contractual restriction or commitment of any kind or character to which Iceweb IceWEB is a party or by which it is bound, or (ii) any requirement of law or any judgment, decree or order of any governmental or regulatory authority to which Iceweb IceWEB is subject or by which Iceweb IceWEB or any of its respective assets or properties is bound. (c) This Agreement has been duly and validly executed by IcewebIceWEB, and constitutes a valid and binding obligation of Iceweb IceWEB enforceable against Iceweb IceWEB in accordance with its terms except to the extent that (i) such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' ’ rights generally and (ii) the availability of remedies, including specific performance, is Subject subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iceweb Inc)

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