Common use of Valid and Binding Clause in Contracts

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrower, the Guarantor and the Pledgor Stockholders under the respective Loan Document to which they are party, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 2 contracts

Samples: Acquisition Loan Agreement (Chartermac), Loan Agreement (Charter Municipal Mortgage Acceptance Co)

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Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrower, the Guarantor Borrower and the Pledgor Stockholders under the respective Loan Document to which they are party, is enforceable in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 2 contracts

Samples: Loan Agreement (STW Resources Holding Corp.), Loan Agreement (STW Resources Holding Corp.)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each of the Borrower, the Guarantor and the Pledgor Stockholders Borrowers under the respective Loan Document to which they are each is a party, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Centerline Holding Co), Warehousing Credit and Security Agreement (Centerline Holding Co)

Valid and Binding. Each of the Loan Documents constitute constitutes the legal, valid and binding obligations obligation of each of the Borrower, the Guarantor Borrowers and the Pledgor Stockholders under the respective Loan Document to which they are partyGuarantors party thereto, enforceable against each such Person in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors generally and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Centerline Holding Co), Revolving Credit and Term Loan Agreement (Centerline Holding Co)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrower, the Guarantor and the Pledgor Stockholders under the respective Loan Document to which they are party, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrowereach Borrower and, the where applicable, Guarantor and each constitute legal, valid and binding obligations of the Pledgor Stockholders under the respective Loan Document to which they are partyparties thereto, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

Valid and Binding. Each of the Loan Documents constitute constitutes the legal, valid and binding obligations obligation of each of the Borrower, the Guarantor Borrowers and the Pledgor Stockholders under the respective Loan Document to which they are partyGuarantors party thereto, enforceable against each such Person in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors generally and, with respect to the availability of the remedies of specific enforcementenforcement and other equitable remedies, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Centerline Holding Co)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the BorrowerBorrower and Guarantor, the Guarantor and the Pledgor Stockholders under the respective Loan Document to which they are partyas applicable, in accordance with the respective terms thereof, subject and each has been duly and validly executed by the Borrower or Guarantor, as applicable, subject, in the case of enforceability, to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan Agreement (Sonesta International Hotels Corp)

Valid and Binding. Each of the Loan Documents constitute constitutes legal, valid and binding obligations of the BorrowerBorrower and, the Guarantor where applicable, Tenant and the Pledgor Stockholders under the respective Loan Document to which they are partyGuarantor, and each is enforceable in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws Laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrower, the Guarantor Borrowers and the Pledgor Stockholders Guarantors under the respective Loan Document to which they are party, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Mortgage Warehousing Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co)

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Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrower, the Guarantor Borrower and the Pledgor Stockholders under the respective Loan Document to which they are party, Guarantors in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)

Valid and Binding. Each of the Loan Documents to which the Borrower is a party constitute legal, valid and binding obligations of the Borrower, the Guarantor and the Pledgor Stockholders under the respective Loan Document to which they are party, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Mortgage Warehousing (Ares Commercial Real Estate Corp)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of the Borrower, and where applicable, the Guarantor Guarantor, and constitutes legal, valid and binding obligations of the Pledgor Stockholders under the respective Loan Document to which they are partyparties thereto, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Commercial Real Estate Mortgage Loan Agreement (Procaccianti Hotel Reit, Inc.)

Valid and Binding. Each of the Loan Documents constitute constitutes the legal, valid and binding obligations obligation of each of the BorrowerBorrowers, the Guarantor Guarantors, and the Pledgor Stockholders under the respective Loan Document to which they are partyOrigination Trust, party thereto, enforceable against each such Person in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors generally and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Chartermac)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of Borrower and, where applicable, Indemnitor, and the Limited Liability Company Agreement of each Borrower, constitute legal, valid and binding obligations of the Guarantor and the Pledgor Stockholders under the respective Loan Document to which they are partyparties thereto, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Senior Loan Agreement (NNN 2002 Value Fund LLC)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of Borrower; and each constitute legal, valid and binding obligations of the Borrower, the Guarantor and the Pledgor Stockholders under the respective Loan Document to which they are partyparties thereto, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Loan Agreement (Unitil Corp)

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