Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes a valid and legally binding obligation of Buyer, enforceable against it in accordance with their respective terms, except that such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and similar laws affecting creditors’ rights generally and (b) equitable principles which may limit the availability of certain equitable remedies (such as specific performance) in certain instances.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Georesources Inc), Purchase and Sale Agreement (Hallador Petroleum Co)
Valid and Binding Agreement. The Buyer has full legal right, power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby. This Agreement has been duly executed and delivered by Buyer and constitutes a the legal, valid and legally binding obligation obligations of the Buyer, enforceable against it the Buyer in accordance with their respective terms, except that such enforceability may be to the extent limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, reorganization and similar other laws affecting creditors’ ' rights generally generally, and (b) except that the remedy of specific performance or similar equitable principles relief is available only at the discretion of the court before which may limit the availability of certain equitable remedies (such as specific performance) in certain instancesenforcement is sought.
Appears in 2 contracts
Samples: Debts and Asset Purchase Agreement (Famous Fixins Inc), Settlement of Debts and Asset Purchase Agreement (Famous Fixins Inc)
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer such Purchaser and constitutes a the valid and legally binding obligation of Buyersuch Purchaser, enforceable against it such Purchaser in accordance with their respective its terms, except that such enforceability may be except: (i) as limited by (a) general equitable principles and applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, moratorium and similar other laws of general application affecting enforcement of creditors’ rights generally and (bii) equitable principles which may limit as limited by laws relating to the availability of certain equitable remedies (such as specific performance) in certain instances, injunctive relief or other equitable remedies.
Appears in 2 contracts
Samples: Exchange Agreement (Mannkind Corp), Exchange Agreement (Mannkind Corp)
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes a the legal, valid and legally binding obligation obligations of BuyerPurchaser, enforceable against it Purchaser in accordance with their respective its terms, except that as such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and moratorium or similar laws affecting the enforcement of creditors’ ' rights generally and (b) equitable by general principles which may limit the availability of certain equitable remedies (such as specific performance) in certain instancesequity.
Appears in 1 contract
Samples: Asset Purchase Agreement (Greenman Technologies Inc)
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer such Purchaser and constitutes a the valid and legally binding obligation obligations of Buyersuch Purchaser, enforceable against it such Purchaser in accordance with their respective its terms, except that such enforceability may be except: (i) as limited by (a) general equitable principles and applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, moratorium and similar other laws of general application affecting enforcement of creditors’ rights generally and (bii) equitable principles which may limit as limited by laws relating to the availability of certain equitable remedies (such as specific performance) in certain instances, injunctive relief or other equitable remedies.
Appears in 1 contract
Samples: Facility Agreement (Mannkind Corp)
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and such Purchaser constitutes a the valid and legally binding obligation obligations of Buyersuch Purchaser, enforceable against it such Purchaser in accordance with their respective its terms, except that such enforceability may be except: (i) as limited by (a) general equitable principles and applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, moratorium and similar other laws of general application affecting enforcement of creditors’ rights generally and (bii) equitable principles which may limit as limited by laws relating to the availability of certain equitable remedies (such as specific performance) in certain instances, injunctive relief or other equitable remedies.
Appears in 1 contract
Samples: Exchange Agreement (Mannkind Corp)
Valid and Binding Agreement. This Subject to the Shareholder Agreement, this Agreement has been duly executed constitutes and delivered by Buyer and constitutes a will constitute the legal, valid and legally binding obligation obligations of the Buyer, enforceable against it the Buyer in accordance with their respective terms, except to the extent that such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, reorganization and similar other laws affecting creditors’ ' rights generally generally, and (b) except that the remedy of specific performance or similar equitable principles relief is available only at the discretion of the court before which may limit the availability of certain equitable remedies (such as specific performance) in certain instancesenforcement is sought.
Appears in 1 contract
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer such Purchaser and constitutes a the valid and legally binding obligation obligations of Buyersuch Purchaser, enforceable against it such Purchaser in accordance with their respective its terms, except that such enforceability may be (i) as limited by (a) general equitable principles and applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, moratorium and similar other laws of general application affecting enforcement of creditors’ rights generally and (bii) equitable principles which may limit as limited by laws relating to the availability of certain equitable remedies (such as specific performance) in certain instances, injunctive relief or other equitable remedies.
Appears in 1 contract
Samples: Exchange Agreement (Mannkind Corp)
Valid and Binding Agreement. This Agreement has been duly and the Conveyance when executed and delivered by Buyer and constitutes will constitute, a valid and legally binding obligation of BuyerSeller, enforceable against it in accordance with their respective terms, except that such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and similar laws affecting creditors’ rights generally and (b) equitable principles which may limit the availability of certain equitable remedies (such as specific performance) in certain instances.
Appears in 1 contract
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes a the legal, valid and legally binding obligation obligations of the Buyer, enforceable against it the Buyer in accordance with their respective terms, except to the extent that such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, reorganization and similar other laws affecting creditors’ ' rights generally generally, and (b) except that the remedy of specific performance or similar equitable principles relief is available only at the discretion of the court before which may limit enforcement is sought. The Buyer has taken all necessary company action to authorize its execution and delivery of this Agreement and the availability consummation of certain equitable remedies (such as specific performance) in certain instancesthe transactions contemplated hereby.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Bcam International Inc)
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes a the legal, valid and legally binding obligation of Buyer, enforceable against it Buyer in accordance with their respective its terms, except that such enforceability may be to the extent limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, reorganization and similar other laws affecting creditors’ rights generally generally, and (b) except that the remedy of specific performance or similar equitable principles relief is available only at the discretion of the entity before which may limit the availability of certain equitable remedies (such as specific performance) in certain instancesenforcement is sought.
Appears in 1 contract
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes a the legal, valid and legally binding obligation obligations of Buyer, enforceable against it Buyer in accordance with their respective its terms, except that such enforceability may be except, in each case, to the extent limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, reorganization and similar other laws affecting creditors’ rights generally and (b) equitable principles which may limit the availability of certain equitable remedies (such as specific performance) in certain instancesgenerally.
Appears in 1 contract
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer Purchaser and constitutes a the legal, valid and legally binding obligation of Buyer, Purchaser enforceable against it Purchaser in accordance with their respective its terms, except to the extent that such the enforceability thereof may be limited by (aA) applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratoriummoratorium or similar laws from time to time in effect affecting generally the enforcement of creditors’ rights, and similar laws affecting creditors’ rights generally and (bB) equitable general principles which may limit the availability of certain equitable remedies (such as specific performance) in certain instancesequity.
Appears in 1 contract
Valid and Binding Agreement. This Agreement has been duly and the Conveyance when executed and delivered by Buyer and constitutes will constitute, a valid and legally binding obligation of BuyerSeller, and will be enforceable against it in accordance with their respective terms, except that such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and similar laws affecting creditors’ rights generally and (b) equitable principles which may limit the availability of certain equitable remedies (such as specific performance) in certain instances.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Hallador Petroleum Co)
Valid and Binding Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes a valid and legally binding obligation of Buyer, enforceable against it in accordance with their respective its terms, except that as such enforceability may be limited by (a) applicable bankruptcy, insolvency, reorganization, moratorium, and moratorium or other similar laws affecting or relating to the enforcement of creditors’ rights generally and the application of general principles of equity (b) equitable principles which may limit the availability regardless of certain equitable remedies (such as specific performance) whether that enforceability is considered in certain instancesa proceeding at law or in equity).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Eagle Rock Energy Partners L P)