Representations and Warranties of Aastra. Aastra represents and warrants to the Securityholders (and acknowledges that the Securityholders are relying on these representations and warranties in completing the transactions contemplated hereby and by the Arrangement Agreement) that Aastra is a corporation duly incorporated and validly existing under the laws of the Canada and has all necessary corporate power, authority and capacity to enter into this Agreement and to carry out its obligations under this Agreement. The execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement have been duly authorized by all necessary corporate action on the part of Aastra. This Agreement constitutes a valid and binding obligation of Aastra enforceable against it in accordance with its terms, subject to bankruptcy, insolvency and other Laws affecting the enforcement of creditors’ rights generally and subject to the qualification that equitable remedies may only be granted in the discretion of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Voting Support Agreement (Francisco Partners GP II Management, LLC), Voting Support Agreement (Mitel Networks Corp)
Representations and Warranties of Aastra. Aastra represents and warrants to the Securityholders Securityholder (and acknowledges that the Securityholders are Securityholder is relying on these representations and warranties in completing the transactions contemplated hereby and by the Arrangement Agreement) that Aastra is a corporation duly incorporated and validly existing under the laws of the Canada and has all necessary corporate power, authority and capacity to enter into this Agreement and to carry out its obligations under this Agreement. The execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement have been duly authorized by all necessary corporate action on the part of Aastra. This Agreement constitutes a valid and binding obligation of Aastra enforceable against it in accordance with its terms, subject to bankruptcy, insolvency and other Laws affecting the enforcement of creditors’ rights generally and subject to the qualification that equitable remedies may only be granted in the discretion of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Voting Support Agreement (Matthews Terence H), Voting Support Agreement (Mitel Networks Corp)