The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its terms, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 19 contracts
Samples: Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 18 contracts
Samples: Underwriting Agreement (Crane Co /De/), Underwriting Agreement (Crane Co /De/), Underwriting Agreement (Carpenter Technology Corp)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 11 contracts
Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generally or by general equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 7 contracts
Samples: Underwriting Agreement (TJX Companies Inc /De/), Underwriting Agreement (TJX Companies Inc /De/), Underwriting Agreement (TJX Companies Inc /De/)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, Date was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its terms, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 7 contracts
Samples: Underwriting Agreement (Nasdaq, Inc.), Underwriting Agreement (Nasdaq, Inc.), Underwriting Agreement (Nasdaq, Inc.)
The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have has been duly qualified under the Trust Indenture Act andand the Base Indenture constitutes, and the Supplemental Indenture, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute constitute, a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 6 contracts
Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 5 contracts
Samples: Underwriting Agreement (Berry Petroleum Co), Underwriting Agreement (Berry Petroleum Co), Underwriting Agreement (Allegheny Technologies Inc)
The Indenture. The Indenture has been duly authorized by the Company andCompany, upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”) and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable general principles relating to enforceability of equity (collectively, the “Enforceability Exceptions”).
Appears in 5 contracts
Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)
The Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have has been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its terms, will constitute constitutes a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization, fraudulent conveyance, moratorium or similar laws relating to or affecting the enforcement of creditors’ rights generally or by general equitable principles relating to principles, regardless of whether such enforceability is considered in a proceeding in equity or at law (collectively, the “Enforceability Exceptions”).
Appears in 4 contracts
Samples: Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc)
The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and has been duly authorized by the Company and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, fraudulent transfer, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 3 contracts
Samples: Underwriting Agreement (Citrix Systems Inc), Underwriting Agreement (Citrix Systems Inc), Underwriting Agreement (Citrix Systems Inc)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto (including the Trustee), will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 3 contracts
Samples: Underwriting Agreement (Ralph Lauren Corp), Underwriting Agreement (Ralph Lauren Corp), Underwriting Agreement (Ralph Lauren Corp)
The Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have has been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its terms, will constitute constitutes a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability enforceability, including principles of good faith and fair dealing (regardless of whether enforcement is sought in a proceeding in law or equity) (collectively, the “Enforceability Exceptions”).
Appears in 2 contracts
Samples: Underwriting Agreement (Altera Corp), Underwriting Agreement (Altera Corp)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act andAct, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing Date and on the Additional Closing Date, was or as the case may be, will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (Take Two Interactive Software Inc)
The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing DateStatement, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (Overseas Shipholding Group Inc)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, Date was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (Starwood Hotel & Resorts Worldwide Inc)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, Effective Date was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, was or will have has been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (Intuit Inc)
The Indenture. The Indenture has been duly authorized authorized, executed and delivered by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have has been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability enforcement thereof may be limited by applicable bankruptcy, insolvency insolvency, reorganization, moratorium or other similar laws relating to or affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (First Niagara Financial Group Inc)
The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have been is duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, fraudulent transfer, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (Scripps Networks Interactive, Inc.)
The Indenture. The Indenture has been duly authorized by the Company and, and upon effectiveness of the Registration Statement and on the Closing Date, Post Effective Amendment No. 1 was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
Samples: Underwriting Agreement (First Niagara Financial Group Inc)
The Indenture. The Indenture has been duly authorized by the Company and, upon effectiveness of the Registration Statement and on the Closing Date, was or will have has been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency insolvency, fraudulent transfer, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).
Appears in 1 contract
The Indenture. The Indenture has been duly authorized by the Company andCompany, upon effectiveness of the Registration Statement and on the Closing Date, was or will have been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”) and, when duly executed and delivered in accordance with its termsterms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ ' rights generally or by equitable general principles relating to enforceability of equity (collectively, the “"Enforceability Exceptions”).
Appears in 1 contract