Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, 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 35 contracts
Samples: Underwriting Agreement (Vocus, Inc.), Underwriting Agreement (Vocus, Inc.), Underwriting Agreement (Crocs, Inc.)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Companyby, and 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 24 contracts
Samples: Underwriting Agreement (Skycorp Solar Group LTD), Underwriting Agreement (LZ Technology Holdings LTD), Underwriting Agreement (HUHUTECH International Group Inc.)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the CompanyCompany and each of the Guarantors, and is constitutes a valid and legally binding agreement of the Company, Company and each of the Guarantors enforceable against the Company and each of the Guarantors in accordance with its terms, subject to the Enforceability Exceptions, and except as that rights to indemnification indemnity 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 principlespublic policy.
Appears in 5 contracts
Samples: Underwriting Agreement (Amcor PLC), Underwriting Agreement (Amcor PLC), Underwriting Agreement (Amcor PLC)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the CompanyCompany and, when duly executed and is delivered in accordance with its terms by each of the other parties hereto, will constitute a valid and legally binding agreement of the Company, Company enforceable against the Company in accordance with its terms, subject to the Enforceability Exceptions, and except as that rights to indemnification hereunder indemnity and contribution thereunder 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 principlespublic policy.
Appears in 4 contracts
Samples: Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, Company and is constitutes a valid and legally binding agreement 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 creditors’ rights generally or by equitable principles relating to or affecting enforceability. This Agreement conforms in all material respects to the rights description thereof contained in the Registration Statement, the Time of Sale Information and remedies of creditors or by general equitable principlesthe Prospectus.
Appears in 4 contracts
Samples: Underwriting Agreement (Volcano CORP), Underwriting Agreement (Volcano CORP), Underwriting Agreement (Volcano CORP)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, Company and is constitutes a valid and legally binding agreement of the Company, Company enforceable against it in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof enforceability may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other and similar laws relating to or affecting the creditors’ rights generally and remedies of creditors or by general equitable principlesprinciples of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Appears in 4 contracts
Samples: Underwriting Agreement (Vital Energy, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the CompanyCompany and when executed and delivered by the other parties thereto will be a legal, 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 (i) as the enforcement hereof enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating affecting creditors’ rights generally and general principles of equity and (ii) rights to indemnity and contribution may be limited by applicable law, rule, regulation or affecting interpretation of the rights and remedies of creditors or by general equitable principlesCommission.
Appears in 3 contracts
Samples: Underwriting Agreement (Range Resources Corp), Underwriting Agreement (Range Resources Corp), Underwriting Agreement (Range Resources Corp)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Companyby, and 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 generally or by general equitable principles.
Appears in 3 contracts
Samples: Underwriting Agreement (Oklahoma Publishing Co Voting Trust), Underwriting Agreement (Gaylord Entertainment Co /De), Underwriting Agreement (Gaylord Entertainment Co /De)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, Company and is constitutes a valid and legally binding agreement of the Company, Company enforceable against it 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 creditors’ rights generally or by equitable principles relating to or affecting the rights and remedies of creditors or by general equitable principlesenforceability.
Appears in 2 contracts
Samples: Underwriting Agreement (Laredo Petroleum Holdings, Inc.), Underwriting Agreement (Laredo Petroleum Holdings, Inc.)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Companyby, and is a valid and binding agreement of of, the Company, enforceable against the Company 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 (Coldwater Creek Inc), Underwriting Agreement (Coldwater Creek Inc)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Companyby, and 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 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 (New Century Logistics (BVI) LTD), Underwriting Agreement (ALE Group Holding LTD)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is a valid constitutes the legal and binding agreement obligation of the Company, enforceable in accordance with its terms, except as to the extent that rights to indemnification indemnity hereunder may be limited by applicable law federal or state securities laws and except as the enforcement hereof such enforceability may be limited by bankruptcy, fraudulent conveyance, insolvency, reorganization, moratorium reorganization or other similar laws relating to or affecting the rights and remedies of creditors or by generally and subject to general equitable principlesprinciples of equity.
Appears in 2 contracts
Samples: Underwriting Agreement (Mannkind Corp), Underwriting Agreement (Mannkind Corp)
Underwriting Agreement. The Company has full legal right, power and authority to enter into and perform this Agreement and to consummate the transactions contemplated herein. This Agreement has been duly authorized, executed and delivered by the Company, 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 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 (Ista Pharmaceuticals Inc), Underwriting Agreement (Ista Pharmaceuticals Inc)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, Company and is this Agreement constitutes a valid and legally binding agreement obligation of the Company, Company enforceable against the Company in accordance with its terms, except as rights to indemnification hereunder may be limited by applicable law and except as the enforcement hereof enforceability 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 2 contracts
Samples: Underwriting Agreement (Innocoll AG), Underwriting Agreement (Innocoll GmbH)
Underwriting Agreement. This Agreement has been duly ---------------------- authorized, executed and delivered by the Company, 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: Underwriting Agreement (Rainmaker Systems Inc), Underwriting Agreement (Peets Coffee & Tea Inc)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the CompanyCompany and when duly executed and delivered in accordance with its terms by each of the parties thereto, and is will constitute a valid and legally binding agreement of the Company, Company enforceable against the Company in accordance with its terms, subject to the Enforceability Exceptions, and except as that rights to indemnification hereunder indemnity and contribution thereunder 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 principlespublic policy.
Appears in 1 contract
Samples: Underwriting Agreement (Cadence Design Systems Inc)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is a valid and binding agreement of the Company, enforceable against the Company 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: Underwriting Agreement (Gaiam Inc)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, Company and is a valid and binding agreement of the Company, enforceable 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 may be limited by bankruptcy, insolvency, reorganization, moratorium reorganization or other similar laws relating to or affecting the rights and remedies of creditors or by generally and subject to general equitable principlesprinciples of equity.
Appears in 1 contract
Samples: Underwriting Agreement (Animas Corp)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is a valid and binding agreement of the Company, enforceable against it 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 principles.
Appears in 1 contract
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is constitutes a valid valid, legal and binding agreement obligation of the Company, enforceable in accordance with its terms, except as rights to indemnification indemnity hereunder may be limited by applicable law laws and except as the enforcement hereof such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by generally and subject to general equitable principlesprinciples of equity.
Appears in 1 contract
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is a valid and binding agreement of the Company, enforceable in accordance with its terms, except as rights to indemnification and contribution hereunder may be limited by applicable law and public policy considerations in respect thereof 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
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Companyby, and is a valid and binding agreement of of, the CompanySelling Shareholder, 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
Underwriting Agreement. This Agreement has been duly authorized, ---------------------- executed and delivered by the Company, 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
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is a valid and binding agreement of the Company, enforceable in accordance with its termsterms against the Company, 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. The Company has full power and authority to enter into this Agreement and to authorize, issue and sell the Shares as contemplated by this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Buy Com Inc)
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, 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, 7 moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principlesprinciples (regardless of whether enforcement is sought in a proceeding of law or in equity).
Appears in 1 contract
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, and is constitutes a valid valid, legal and binding agreement obligation of the Company, enforceable in accordance with its terms, except as rights to indemnification indemnity hereunder may be limited by applicable law United States federal, state or non-United States securities laws and except as the enforcement hereof such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium reorganization or other similar laws relating to or affecting the rights and remedies of creditors or by generally and subject to general equitable principlesprinciples of equity.
Appears in 1 contract
Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company, Company and is constitutes a valid and legally binding agreement 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 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: Underwriting Agreement (Dovebid Inc)