MPI. MPI represents and warrants that: --- i. It has all requisite corporate power and authority to execute and deliver, and fulfill its obligations under this Agreement. This Agreement (notwithstanding the lack of approval of MPS), upon execution and delivery by MPI and assuming due and proper execution and delivery by the other parties, will constitute a valid and binding obligation of MPI, enforceable in accordance with its terms, except as such enforcement may be limited by bankruptcy, insolvency, moratorium and other laws of general application affecting the enforcement of creditors' rights. ii. No consent, approval, order or authorization, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority on the part of MPI is required in connection with the execution, delivery and performance of this Agreement by MPI, other than state securities law filings. iii. No consent, approval, waiver or other action by any person under any contract, agreement, indenture, lease, instrument or other document to which MPI is a party or by which it is bound is necessary for the execution, delivery and performance of this Agreement by MPI.
Appears in 2 contracts
Samples: Restructuring, Settlement and Mutual Release Agreement (Microelectronic Packaging Inc /Ca/), Restructuring, Settlement and Mutual Release Agreement (Microelectronic Packaging Inc /Ca/)
MPI. MPI represents and warrants that: ---
i. It has all requisite corporate power and authority to execute and deliver, and fulfill its obligations under this Agreement. This Agreement (notwithstanding the lack of approval of MPSMPS and MPM), upon execution and delivery by MPI and assuming due and proper execution and delivery by the other partiesDBS, will constitute a valid and binding obligation of MPI, enforceable in accordance with its terms, except as such enforcement may be limited by bankruptcy, insolvency, moratorium and other laws of general application affecting the enforcement of creditors' rights.
ii. No consent, approval, order or authorization, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority on the part of MPI is required in connection with the execution, delivery and performance of this Agreement by MPI, other than state securities law filings.
iii. No consent, approval, waiver or other action by any person under any contract, agreement, indenture, lease, instrument or other document to which MPI is a party or by which it is bound is necessary for the execution, delivery and performance of this Agreement by MPI.
Appears in 1 contract
Samples: Settlement Agreement (Microelectronic Packaging Inc /Ca/)
MPI. MPI represents and warrants that: ---
i. It has all requisite corporate power and authority to execute and deliver, and fulfill its obligations under this Agreement. This Agreement (notwithstanding the lack of approval of MPM and MPS), upon execution and delivery by MPI and assuming due and proper execution and delivery by the other parties, will constitute a valid and binding obligation of MPI, enforceable in accordance with its terms, except as such enforcement may be limited by bankruptcy, insolvency, moratorium and other laws of general application affecting the enforcement of creditors' rights.
ii. No consent, approval, order or authorization, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority on the part of MPI is required in connection with the execution, delivery and performance of this Agreement by MPI, other than state securities law filings.
iii. No consent, approval, waiver or other action by any person under any contract, agreement, indenture, lease, instrument or other document to which MPI is a party or by which it is bound is necessary for the execution, delivery and performance of this Agreement by MPI.
Appears in 1 contract
Samples: Restructuring Settlement and Mutual Release Agreement (Microelectronic Packaging Inc /Ca/)