Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrower, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 11 contracts
Samples: Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc)
Validity and Binding Effect. This Amendment, the Loan Agreement and the other Loan Documents are the a legal, valid and binding obligations obligation of each Borrower, enforceable against such Borrower in accordance with their respective terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors’ rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 11 contracts
Samples: Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)
Validity and Binding Effect. This Agreement and the other The Loan Documents are the Agreement, as amended hereby, is a legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower in accordance with their respective its terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors' rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 10 contracts
Samples: Letter of Credit and Reimbursement Agreement (CFC International Inc), Loan Agreement (Gold Banc Corp Inc), Revolving Loan Agreement (Aar Corp)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of the Borrower, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 8 contracts
Samples: Loan Agreement (Online Resources & Communications Corp), Loan Agreement (American Consolidated Laboratories Inc), Loan Agreement (Merge Technologies Inc)
Validity and Binding Effect. This Agreement and the other The Loan Documents are the Agreement, as amended hereby, is a legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower in accordance with their respective its terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors’ rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 8 contracts
Samples: Loan Agreement (Hutchinson Technology Inc), Loan Agreement (Metrocorp Inc), Credit Agreement (Quixote Corp)
Validity and Binding Effect. This Agreement and the other The Loan Documents are the Agreement, as amended hereby, constitutes a legal, valid and binding obligations obligation of the Borrower, enforceable against it in accordance with their respective its terms, subject to limitations imposed except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally or the application of and by general equitable principlesprinciples (whether enforcement is sought by proceedings in equity or at law).
Appears in 7 contracts
Samples: Loan Agreement (American Mortgage Acceptance Co), Loan Agreement (Chartermac), Loan Agreement (Chartermac)
Validity and Binding Effect. This Agreement and each of the other Loan Documents are (i) has been duly and validly executed and delivered by the Borrower, and (ii) constitutes, or will constitute, legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, subject its terms except to limitations imposed the extent enforceability thereof is limited by bankruptcy, insolvency, moratorium insolvency or other similar laws affecting the enforcement of creditors' rights generally, and by general principles of creditors generally or the application of general equitable principlesequity.
Appears in 5 contracts
Samples: Credit Agreement (Ipalco Enterprises, Inc.), Note Purchase and Covenants Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises, Inc.)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of each Borrower, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 5 contracts
Samples: Loan Agreement (Dreams Inc), Loan Agreement (Dreams Inc), Loan and Security Agreement (Ild Telecommunications Inc)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrowerthe parties thereto, enforceable in accordance with their respective terms, terms subject to limitations imposed by bankruptcy, insolvency, moratorium or applicable bankruptcy and other similar creditor rights laws affecting the rights and subject to principles of creditors generally or the application of general equitable principlesequity.
Appears in 3 contracts
Samples: Loan and Security Agreement (Forward Air Corp), Loan and Security Agreement (Landair Corp), Loan and Security Agreement (Tweed John A)
Validity and Binding Effect. This Agreement and the other The Loan Documents are the and any Supplemental Documentation contemplated by this Agreement, when duly executed and delivered will be, legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors' rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 2 contracts
Samples: Credit and Security Agreement (Premiumwear Inc), Credit and Security Agreement (Cryenco Sciences Inc)
Validity and Binding Effect. This Agreement Agreement, the Notes and the other Loan Documents are the when duly executed and delivered will be, legal, valid and binding obligations of Borrowerthe Loan Parties that are party thereto, enforceable against such Loan Parties in accordance with their respective terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors’ rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 2 contracts
Samples: Credit Agreement (Triton International LTD), Credit Agreement (Triton International LTD)
Validity and Binding Effect. This Agreement and the other Loan Documents to which the Borrower is a party are the legal, valid and binding obligations of Borrower, and are enforceable in accordance with their respective terms, subject only to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 2 contracts
Samples: Loan Agreement (Dynagen Inc), Credit Agreement (Dynagen Inc)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrowereach Obligor, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 2 contracts
Samples: Loan Agreement (Sb Merger Corp), Loan Agreement (Dynagen Inc)
Validity and Binding Effect. This Agreement and the other The Loan Documents are the Agreement, as amended hereby, is --------------------------- a legal, valid and binding obligations obligation of each Borrower, enforceable against each Borrower in accordance with their respective its terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors' rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 2 contracts
Samples: Loan Modification Agreement (Amrep Corp.), Modification to Loan Documents (Amrep Corp.)
Validity and Binding Effect. This Agreement and the other Loan --------------------------- Documents are the legal, valid and binding obligations of Borrower, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 2 contracts
Samples: Loan and Security Agreement (Act Teleconferencing Inc), Loan Agreement (Radiant Systems Inc)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforceability of creditors’ rights generally and to general principles of creditors generally or the application of general equitable principlesequity.
Appears in 2 contracts
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan Agreement (Atlas Financial Holdings, Inc.)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of BorrowerBorrower and the Guarantors, as the case may be, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 2 contracts
Samples: Loan Agreement (Home Solutions of America Inc), Loan Agreement (Home Solutions of America Inc)
Validity and Binding Effect. This Agreement The Loan Agreement, as amended hereby and the other Loan Documents Revolving Note are the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their respective its terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors’ rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 2 contracts
Samples: Loan and Security Agreement (CHS Inc), Loan and Security Agreement (US BioEnergy CORP)
Validity and Binding Effect. This Amendment, the Loan Agreement and the other Loan Documents are the a legal, valid and binding obligations obligation of Borrower, enforceable against Borrower in accordance with their respective terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors’ rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Ari Network Services Inc /Wi)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and legally binding obligations of Borrowereach Company, enforceable in accordance with their respective terms, subject subject, as to limitations imposed by enforcement, to bankruptcy, insolvency, moratorium or reorganization and other similar laws affecting the rights of creditors generally or the application of general equitable applicability relating to or affecting creditors rights and to general equity principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrowerthe parties thereto, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or bankruptcy and other similar creditor's rights laws affecting the rights of creditors generally or the application of general and equitable principles.
Appears in 1 contract
Samples: Loan Agreement (Bethlehem Corp)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrowerthe Borrower and its Subsidiaries, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium moratorium, or other similar laws affecting the rights of creditors generally or the application provisions of general equitable principlesapplication.
Appears in 1 contract
Samples: Loan and Security Agreement (Paysys International Inc)
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrower, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium moratorium, or other similar laws or provisions affecting the rights of creditors generally or and further subject to the application discretion of general the court in the exercise of equitable principlesremedies.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of the each Borrower, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement The Loan Agreement, as amended hereby, the Note and the other Loan Documents Security Agreement are the each legal, valid and binding obligations of Borrower, enforceable against Borrower in accordance with their respective terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors' rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 1 contract
Validity and Binding Effect. This Amendment, the Loan Agreement and the other Loan Documents are the a legal, valid and binding obligations obligation of Borrower, enforceable against Borrower in accordance with their respective terms, subject to limitations imposed except as enforceability may be limited by bankruptcy, insolvency, moratorium insolvency or other similar laws of general application affecting the enforcement of creditors' rights or by general principles of creditors generally or equity limiting the application availability of general equitable principlesremedies.
Appears in 1 contract
Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)
Validity and Binding Effect. This Agreement Agreement, the Warrant and the other Loan Documents are the legal, valid and binding obligations of Borrower, the Company enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrower, the Company enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and legally binding obligations obligation of Borrowereach Company, enforceable in accordance with their respective terms, subject subject, as to limitations imposed by enforcement, to bankruptcy, insolvency, moratorium or reorganization and other similar laws affecting the rights of creditors generally or the application of general equitable applicability relating to or affecting creditors rights and to general equity principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrowereach Loan Party, enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrower, Investor enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 1 contract
Validity and Binding Effect. This Agreement Agreement, the Term Notes and the each other Loan Documents are the Document, when duly executed and delivered, will be legal, valid and binding obligations of Borrowereach Obligor party hereto or thereto, as applicable, enforceable against each such Obligor in accordance with their respective terms, subject to limitations imposed by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the creditors' rights generally and principles of creditors generally or the application of general equitable principlesequity.
Appears in 1 contract
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and legally binding obligations obligation of Borrowereach Company, enforceable in accordance with their respective terms, subject subject, as to limitations imposed by enforcement, to bankruptcy, insolvency, moratorium or reorganization and other similar laws affecting the rights of creditors generally or the application of general equitable applicability relating to or affecting creditors rights and to general equity principles. Section 4.4.
Appears in 1 contract
Samples: Subordinated Loan Agreement
Validity and Binding Effect. This Agreement and the other Loan Documents are the legal, valid and binding obligations of Borrower, such Investor enforceable in accordance with their respective terms, subject to limitations imposed by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally or the application of general equitable principles.
Appears in 1 contract