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 19 contracts
Samples: Open Market Sale Agreement (CASI Pharmaceuticals, Inc.), Open Market Sale Agreement (Equillium, Inc.), Open Market Sale Agreement (Cti Biopharma Corp)
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: Open Market Sale Agreement (Waitr Holdings Inc.), Open Market Sale Agreement (Waitr Holdings Inc.), Open Market Sale Agreement (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 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: Capital on Demand Sales Agreement (Aeglea BioTherapeutics, Inc.), Open Market Sale Agreement (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 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: Capital on Demand Sales Agreement (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 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
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