Common use of Qualification of Representations and Warranties Clause in Contracts

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 4 contracts

Samples: Purchase Agreement (MDS Inc), Asset Purchase Agreement (MDS Inc), Asset Purchase Agreement (MDS Inc)

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Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: (a) specific Specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement Enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors' rights.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement (Athena Gold Corp), Asset Purchase and Sale Agreement (Athena Gold Corp), Asset Purchase Agreement

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 2 contracts

Samples: Share Purchase Agreement (Imperial Parking Corp), Share Transfer Agreement (Ign Entertainment Inc)

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or and/or any Closing Transaction Document against a Person such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 2 contracts

Samples: Purchase Agreement (Tara Minerals Corp.), Purchase Agreement (Tara Gold Resources Corp.)

Qualification of Representations and Warranties. Any representation or warranty made by a Party party hereto as to the enforceability of this Agreement or any Closing Document agreement against a Person such party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors' rights.

Appears in 2 contracts

Samples: Registration Rights Agreement (724 Solutions Inc), Shareholder Agreements (724 Solutions Inc)

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 2 contracts

Samples: Share Purchase Agreement (Omega Protein Corp), Asset Purchase Agreement (Image Sensing Systems Inc)

Qualification of Representations and Warranties. Any representation The representations or warranty warranties made by a Party under as to the enforceability of this Agreement or any Closing Document these agreements against a Person is such Party are subject to the following qualifications: (a1) specific performance, injunction injunctive relief and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b2) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other similar laws generally affecting enforceability of creditors' rights.

Appears in 1 contract

Samples: Subscription Agreement (Bid Com International Inc)

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement enforceability may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 1 contract

Samples: Share Purchase Agreement (Harris Interactive Inc)

Qualification of Representations and Warranties. Any representation or warranty made by a Party party as to the enforceability of any this Agreement or any Closing Document against a Person such party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 1 contract

Samples: Agreement for the Purchase and Sale of Quotas (New Gold Inc. /FI)

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 1 contract

Samples: Share Purchase Agreement (SPS Commerce Inc)

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Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors' rights.

Appears in 1 contract

Samples: Purchase Agreement (Halo Resources LTD)

Qualification of Representations and Warranties. Any representation or warranty made by a Party party as to the enforceability of this Agreement or any of the Closing Document against a Person is Documents subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors' rights.

Appears in 1 contract

Samples: Share Purchase Agreement (Jag Media Holdings Inc)

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: : (ai) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and and (bii) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 1 contract

Samples: Share Purchase Agreement (Platinum Group Metals LTD)

Qualification of Representations and Warranties. Any representation or warranty made by a Party as to the enforceability of this Agreement or any Closing Document against a Person such Party is subject to the following qualifications: : (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors' rights.

Appears in 1 contract

Samples: Asset Purchase Agreement (Trackpower Inc)

Qualification of Representations and Warranties. Any representation or warranty made by a Party party as to the enforceability of this Agreement or any Closing Document against a Person such party is subject to the following qualifications: (a) specific performance, injunction and other equitable remedies are discretionary and, in particular, may not be available where damages are considered an adequate remedy; and (b) enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other laws generally affecting enforceability of creditors’ rights.

Appears in 1 contract

Samples: Asset Purchase Agreement

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