Obligations are Enforceable. This Amendment Agreement has been duly authorized by all necessary action on the part of each Obligor and has been executed and delivered by one or more duly authorized officers of such Obligor, and the obligations of each Obligor set forth herein constitute legal, valid and binding obligations of such Obligor, enforceable in accordance with its terms, except that the enforceability of the Financing Documents may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium or other similar laws affecting the enforceability of creditors’ rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. Each of this Agreement and the Original Notes has been duly authorized by all necessary action on the part of the Company, has been executed and delivered by duly authorized officers of the Company and constitutes a legal, valid and binding obligation of the Company, enforceable in accordance with its terms, except that the enforceability hereof and of the Original Notes may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. Each Obligor has duly authorized each Amendment Document to which it is a party by all necessary corporate or other action on its part. The Amendment Documents have been executed and delivered by one or more duly authorized officers of each Obligor party thereto, and each Financing Document constitutes a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except that the enforceability thereof may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. Each of this Agreement, the Third Supplemental Indenture and the Bonds has been duty authorized by all necessary action on the part of the Company and has been executed and delivered by duly authorized officers of the Company. Each of this Agreement, the Indenture and the Bonds constitutes a legal, valid and binding obligation of the Company, enforceable in accordance with its terms, except that the enforceability of this Agreement, the Indenture and the Bonds may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. Each of the Company and the Holding Company has duly authorized this Agreement by all necessary corporate or other action on its part. This Agreement has been executed and delivered by one or more duly authorized officers of each of the Company and the Holding Company, and each Financing Document constitutes a legal, valid and binding obligation of each Obligor party thereto, enforceable in accordance with its terms, except that the enforceability thereof may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. Each Obligor and each Subsidiary of each Obligor has duly authorized by all necessary action on its part including the execution and delivery of each of the Standby Debt Documents to which it is a party. Each of the Standby Debt Documents to which such Obligor or any such Subsidiary is a party has been executed and delivered by one or more duly authorized officers of such Obligor or such Subsidiary, and constitutes a legal, valid and binding obligation of such Obligor or such Subsidiary, enforceable in accordance with its terms, except that, in each case, the enforceability thereof may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. Each of this Agreement and the Guarantee Agreement have been duly authorized by all necessary action on the part of the Company and each of the Guarantors, as the case may be, and has been executed and delivered by one or more duly authorized officers of the Company and each of the Guarantors party thereto, and each constitutes a legal, valid and binding obligation of the Company and each of the Guarantors party thereto, enforceable in accordance with its terms, except that such enforceability may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
Obligations are Enforceable. This Unconditional Guaranty has been duly authorized by all necessary action on the part of such Guarantor, has been executed and delivered by one or more duly authorized officers of such Guarantor, and constitutes a legal, valid and binding obligation of such Guarantor, enforceable in accordance with its terms, except that:
(a) the enforceability thereof may be limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally and subject to the availability of equitable remedies; and
(b) rights to indemnity and contribution contained therein may be limited by applicable law or public policy.
Obligations are Enforceable. The Company and each Subsidiary has duly authorized by all necessary action on its part each of the Financing Documents to which it is a party. Each of the Financing Documents to which the Company is a party and, with respect to each Subsidiary which is a party to a Subsidiary Subordinated Guarantee, such Subsidiary Subordinated Guarantee, has been duly executed and delivered by one or more duly authorized officers of the Company or such Subsidiary, as the case may be, and constitutes a legal, valid and binding obligation of the Company or such Subsidiary, as the case may be, except, in each case:
(i) as such enforceability may be limited by applicable bankruptcy, reorganization, arrangement, fraudulent conveyance, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally;
(ii) as such enforceability may be subject to the availability of equitable remedies; and
(iii) that certain rights to indemnity and contribution may be limited by applicable law.
Obligations are Enforceable. Each of this Agreement and the Notes has been duly authorized by all necessary action on the part of the Parent and the Company, has been executed and delivered by duly authorized officers of the Parent and the Company, and constitutes a legal, valid and binding obligation of the Parent and the Company, enforceable in accordance with its terms, except that the enforceability hereof and of the Notes may be:
(i) limited by applicable bankruptcy, reorganization, arrangement, insolvency, moratorium, or other similar laws affecting the enforceability of creditors' rights generally; and
(ii) subject to the availability of equitable remedies.
