The DTC Agreement. The DTC Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as the enforcement thereof 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 6 contracts
Samples: Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp), Underwriting Agreement (Celanese Corp)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by the Company and, on the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, fraudulent transfer or conveyance or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles, and except as rights to indemnification and contribution may be limited by applicable law.
Appears in 5 contracts
Samples: Purchase Agreement (Alliance Data Systems Corp), Purchase Agreement (Alliance Data Systems Corp), Purchase Agreement (Alliance Data Systems Corp)
The DTC Agreement. The DTC Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
Appears in 4 contracts
Samples: Underwriting Agreement (Thermo Fisher Scientific Inc.), Underwriting Agreement (Thermo Fisher Scientific Inc.), Underwriting Agreement (Thermo Fisher Scientific Inc.)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized and, on the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the CompanyIssuers, enforceable in accordance with its terms, except as the enforcement thereof 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 (the “Enforcement Exceptions”).
Appears in 2 contracts
Samples: Purchase Agreement (Kraton Corp), Purchase Agreement (Kraton Performance Polymers, Inc.)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized and, on or prior to the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, Company enforceable against the Company in accordance with its terms, except as the enforcement thereof 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
The DTC Agreement. The DTC Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, the CompanyIssuers, enforceable in accordance with its terms, except as the enforcement thereof 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 (the “Enforcement Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (Kraton Performance Polymers, Inc.)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by the Company and, on the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium moratorium, fraudulent transfer or conveyance or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable equita- ble principles, and except as rights to indemnification and contribution may be limited by applicable law.
Appears in 1 contract
The DTC Agreement. The DTC Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors generally or by general equitable principlesprinciples (regardless of whether enforcement is considered in a proceeding at law or in equity).
Appears in 1 contract
Samples: Purchase Agreement (Arch Coal Inc)
The DTC Agreement. The DTC Agreement has been duly authorized, executed and delivered by, and constitutes a valid and binding agreement of, the Company, enforceable in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, fraudulent transfer, 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
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by the Company and, when duly executed and delivered byby the Company, and constitutes will constitute a valid and binding agreement of, of the Company, enforceable in accordance with its terms, except as the enforcement thereof may be limited by to bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors generally by or by general equitable principles.
Appears in 1 contract
Samples: Purchase Agreement (Ashland Inc.)
The DTC Agreement. The DTC Agreement has been duly authorized, executed and delivered by, by the Company and constitutes a valid and binding agreement of, of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof 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
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by the Company and, on the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof 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: Purchase Agreement (Carters Inc)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized and, on or prior to the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof 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: Purchase Agreement (ARKO Corp.)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by, and, on the Closing Date, will have been duly executed and delivered by, by the Company and constitutes will constitute a valid and binding agreement of, of the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof may be limited by applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized and, on the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof 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: Purchase Agreement (Carters Inc)
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by and, on the Closing Date, will have been duly executed and delivered by, and constitutes will constitute a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof 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 (the “Enforceability Exceptions”).
Appears in 1 contract
The DTC Agreement. The DTC Agreement has been duly authorizedauthorized by, and, on the Closing Date, will have been duly executed and delivered by, the Company, and constitutes will constitute a valid and binding agreement of, the Company, enforceable against the Company in accordance with its terms, except as the enforcement thereof 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
