Common use of Organization; Authority; Execution and Delivery; Enforceability Clause in Contracts

Organization; Authority; Execution and Delivery; Enforceability. Such Founder Party, if it is not an individual, is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized. Such Founder Party (a) if it is not an individual, has all requisite power and authority, and (b) if he or she is an individual, has the legal capacity, in each case to execute and deliver this Agreement and the Holdings Agreements to which he, she or it is a party and to consummate the Transactions and the transactions contemplated by the Holdings Agreements to which he, she or it is a party. The execution and delivery by such Founder Party, if it is not an individual, of this Agreement and the Holdings Agreements to which he, she or it is a party and the consummation by such Founder Party of the Transactions and the transactions contemplated by the Holdings Agreements to which he, she or it is a party have been duly authorized by all necessary action on the part of such Founder Party. Such Founder Party has duly executed and delivered this Agreement, and this Agreement constitutes, and the Holdings Agreements to which he, she or it is a party, when executed by all the parties thereto, will constitute, such Founder Party’s legal, valid and binding obligation, enforceable against him, her or it in accordance with its terms.

Organization; Authority; Execution and Delivery; Enforceability. Such Founder PartyAqua Stockholder, if it is not an individual, is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized. Such Founder Party Aqua Stockholder (a) if it is not an individual, has all requisite power and authority, authority and (b) if he or she is an individual, has the legal capacity, in each case to execute and deliver this Agreement and the Holdings Agreements to which he, she she, or it is a party and to consummate the Transactions and the transactions contemplated by the Holdings Agreements to which he, she she, or it is a party. The execution and delivery by such Founder PartyAqua Stockholder, if it is not an individual, of this Agreement and the Holdings Agreements to which he, she or it is a party and the consummation by such Founder Party it of the Transactions and the transactions contemplated by the Holdings Agreements to which he, she or it is a party have been duly authorized by all necessary action on the part of such Founder PartyAqua Stockholder. Such Founder Party Aqua Stockholder has duly executed and delivered this Agreement, and this Agreement constitutes, and the Holdings Agreements to which he, she she, or it is a party, when executed by all the parties thereto, will constitute, such Founder Party’s his, her or its legal, valid and binding obligation, enforceable against him, her or it in accordance with its terms.