This 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 18 contracts
Samples: Open Market Sale (Pluristem Therapeutics Inc), Open Market Sale Agreement (Aclaris Therapeutics, Inc.), Open Market Sale (CASI Pharmaceuticals, Inc.)
This Agreement. This Agreement has been duly and validly authorized, executed and delivered byby the Company and, assuming that it is a legal, valid and binding agreement of the Agent, is a valid and binding agreement of, 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 7 contracts
Samples: Open Market Sale (Icahn Enterprises L.P.), Open Market Sale (Icahn Enterprises L.P.), Open Market Sale (Icahn Enterprises Holdings L.P.)
This Agreement. This Agreement has been duly authorized, executed and delivered by, and is a the 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 5 contracts
Samples: Waitr Holdings Inc., Waitr Holdings Inc., Waitr Holdings Inc.
This 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 (i) 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 principlesprinciples and (ii) the indemnification and contribution provisions of Section 10 hereof may be limited by federal and state securities laws and public policy considerations in respect thereof.
Appears in 3 contracts
Samples: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL), Sales Agreement (Savara Inc)
This Agreement. This Agreement has been duly and validly authorized, executed and delivered by, by the Company. 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 enforceability, including rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof 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. This Agreement conforms in all material respects to the descriptions thereof in the Registration Statement and the Prospectus.
Appears in 3 contracts
Samples: Lock Up Agreement (Vaxart, Inc.), Sales Agreement (Vaxart, Inc.), Open Market Sale (Vaxart, Inc.)
This Agreement. This Agreement has been duly authorized, executed and delivered by, and is when duly executed and delivered by the other parties hereto shall constitute 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 2 contracts
Samples: Underwriting Agreement (Soluna Holdings, Inc), Underwriting Agreement (Mechanical Technology Inc)
This 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 2 contracts
Samples: Aeglea BioTherapeutics, Inc., Aeglea BioTherapeutics, Inc.
This 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 or contribution hereunder may be limited by applicable law federal or state securities laws and public policy considerations thereof and except as to 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
This Agreement. This Agreement has been duly authorized, executed and delivered bydelivered, 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 1 contract
Samples: Aeglea BioTherapeutics, Inc.
This Agreement. This Agreement has been duly authorized, executed and delivered by, by the Company and is constitutes a valid and legally binding agreement of, 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 insolvency or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles, and except as rights of indemnity or contribution may be limited by applicable law.
Appears in 1 contract
This 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 1 contract
Samples: Athersys, Inc / New
This Agreement. This Agreement has been duly authorized, executed and delivered byby the Company and, when executed and is delivered in accordance with its terms, will constitute a valid and legally binding agreement of, of the Company, Company enforceable against the Company in accordance with its terms, except as rights to indemnification hereunder enforceability may be limited by applicable law and except as the enforcement hereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws affecting the enforceability of creditors' rights generally or by equitable principles relating to or affecting the rights and remedies of creditors or by general equitable principlesenforceability.
Appears in 1 contract
Samples: Lithium Americas Corp.
This Agreement. This Agreement has been duly and validly 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 enforceability, including rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof 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. This Agreement conforms in all material respects to the descriptions thereof in Pricing Disclosure Package and the Prospectus.
Appears in 1 contract