SPA. Assuming the authorized and due execution and delivery of the SPA by the other parties thereto, the SPA constitutes a valid and legally binding obligation of Shareholder, enforceable against Shareholder in accordance with its terms, subject to the effect of applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditor rights generally and subject to general principles of equity. The Subject Securities Owned by Shareholder on the date of this Agreement are subject to the Arranger’s Option and the Seller’s Option, and the Arranger’s Option and the Seller’s Option are immediately exercisable for such Subject Securities.
Appears in 2 contracts
Samples: Agreement to Tender and Voting Agreement, Agreement to Tender and Voting Agreement (Ebay Inc)
SPA. Assuming the authorized and due execution and delivery of the SPA by the other parties thereto, the SPA constitutes a valid and legally binding obligation of ShareholderOption Holder, enforceable against Shareholder Option Holder in accordance with its terms, subject to the effect of applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditor rights generally and subject to general principles of equity. The Subject Securities Owned by Shareholder on the date of this Agreement are subject to the Arranger’s Option and granted to Option Holder pursuant to Section 9.1 of the Seller’s Option, and the Arranger’s Option and the Seller’s Option are SPA represents a security that is immediately exercisable for such Subject SecuritiesShares.
Appears in 1 contract
Samples: Agreement to Tender and Voting Agreement (Ebay Inc)
SPA. Assuming the authorized and due execution and delivery of the SPA by the other parties thereto, the SPA constitutes a valid and legally binding obligation of Shareholder, enforceable against Shareholder in accordance with its terms, subject to the effect of applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditor rights generally and subject to general principles of equity. The Subject Securities Owned by Shareholder on the date of this Agreement are subject to the Arranger’s Option and the Seller’s Option, and the Arranger’s Option and the Seller’s Option are (as defined in the SPA) granted to Shareholder in Section 9.2 of the SPA represents a security that is immediately exercisable for such Subject Securities.
Appears in 1 contract
Samples: Agreement to Tender and Voting Agreement (Ebay Inc)