Common use of Valid and Binding Clause in Contracts

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which 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)

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Valid and Binding. Each of the Loan Documents constitute constitutes the legal, valid and binding obligations obligation of each of the Borrowers under and the respective Loan Document to which Guarantors party thereto, enforceable against each is a party, 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 each of the Borrowers under the respective Loan Document to which each Borrower and is a party, 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 Borrowers under the respective Loan Document to which each is a party, Borrower and 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 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 Borrowers under the respective Loan Document to which each is a 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 Borrowers under the respective Loan Document to which each is a 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)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each Borrower and, where applicable, Guarantor and each constitute legal, valid and binding obligations of the Borrowers under the respective Loan Document to which each is a 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 legal, valid and binding obligations of each of the Borrowers and the Guarantors under the respective Loan Document to which each is a 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)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which each is a partyBorrower and, where applicable, Guarantor, 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 (Tanger Factory Outlet Centers Inc)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which each is a partyBorrower, 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: Tax Exempt Bond Line of Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co)

Valid and Binding. Each of the Loan Documents constitutes the legal, valid and binding obligations of Borrower and, where applicable, ARC and Manager; and the Architect's Contract and the General Contract each constitute legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which each is a partyparties thereto, in accordance with the respective terms thereof, subject in each case 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 enforcementperformance, subject to the discretion of the court before which any proceeding therefor may be brought.

Appears in 1 contract

Samples: Construction Loan Agreement (American Retirement Corp)

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Valid and Binding. Each of the Loan Documents constitute constitutes the legal, valid and binding obligations obligation of each of the Borrowers under Borrowers, the respective Loan Document to which Guarantors, and Origination Trust, party thereto, enforceable against each is a party, 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: Revolving Credit and Term Loan Agreement (Chartermac)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which each is a partyBorrower and Guarantor, as 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: Term Loan Agreement (Sonesta International Hotels Corp)

Valid and Binding. Each of the Loan Documents constitute constitutes the legal, valid and binding obligations obligation of each of the Borrowers under and the respective Loan Document to which Guarantors party thereto, enforceable against each is a party, 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 to which the Borrower is a party constitute legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which each is a partyBorrower, 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 (Ares Commercial Real Estate Corp)

Valid and Binding. Each of the Loan Documents constitute legal, valid and binding obligations of each Borrower, and where applicable, the Guarantor, and constitutes legal, valid and binding obligations of the Borrowers under the respective Loan Document to which each is a 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 legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which each is a partyBorrower and, in accordance with the respective terms thereofas applicable, Guarantor, subject only 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 broughtcreditors.

Appears in 1 contract

Samples: Loan Agreement (Universal Technical Institute Inc)

Valid and Binding. Each of the Loan Documents constitute constitutes legal, valid and binding obligations of each of the Borrowers under the respective Loan Document to which Borrower and, where applicable, Tenant and Guarantor, and each is a party, 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.)

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