The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 19 contracts
Samples: Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (BioXcel Therapeutics, Inc.), Open Market Sale Agreement (Scholar Rock Holding Corp)
The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples regardless of whether considered in a proceeding in equity or at law.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)
The Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is a legal, valid and binding agreement of, of the Company, Company enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof extent that enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the creditors’ rights generally and remedies of creditors or by general equitable principles.
Appears in 1 contract
The Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is constitutes a valid and legally binding agreement of, obligation of the Company, enforceable against the Company in accordance with its terms, except as rights to indemnification indemnity hereunder may be limited by applicable law federal or state securities laws and except as the enforcement hereof such enforceability, including rights of indemnification, may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or and other similar laws relating to or affecting the creditors’ rights generally and remedies of creditors or by general equitable principlesprinciples of equity.
Appears in 1 contract
The Agreement. This Agreement has been duly authorized, executed and delivered by, and is a valid and binding agreement of, the CompanyCompany and the Operating Partnership, enforceable in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 1 contract
Samples: Open Market Sale Agreement (Gladstone Commercial Corp)