Common use of Power; Enforceability Clause in Contracts

Power; Enforceability. Each Stockholder has the legal capacity, --------------------- power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. Each Stockholder has all requisite power and capacity to execute and deliver this Agreement and the Proxy and to perform his obligations hereunder and thereunder. This Agreement and the Proxy have been duly executed and delivered by each Stockholder and assuming the due authorization, execution and delivery by Legato, constitute the legal, valid and binding obligations of such Stockholder, enforceable against such Stockholder in accordance with their respective terms, subject to (i) laws of general application relating to bankruptcy, insolvency and the relief of debtors, and (ii) rules of law governing specific performance, injunctive relief and other equitable remedies. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby.

Power; Enforceability. Each Stockholder has the legal capacity, --------------------- power and authority to enter into and perform all of such Stockholder's obligations under this Agreement. Each Stockholder has all requisite power and capacity to execute and deliver this Agreement and the Proxy and to perform his Stockholder's obligations hereunder and thereunder. This Agreement and the Proxy have been duly executed and delivered by each Stockholder and assuming the due authorization, execution and delivery by Legatothe Parent, constitute the legal, valid and binding obligations of such Stockholder, enforceable against such Stockholder in accordance with their respective terms, subject to (i) laws of general application relating to bankruptcy, insolvency and the relief of debtors, and (ii) rules of law governing specific performance, injunctive relief and other equitable remedies. There is no beneficiary or holder of a voting trust certificate or other interest of any trust of which such Stockholder is trustee whose consent is required for the execution and delivery of this Agreement or the consummation by such Stockholder of the transactions contemplated hereby.