Common use of Validity and Binding Effect Clause in Contracts

Validity and Binding Effect. This Amendment constitutes the valid and binding obligations of the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditor’s rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or law.

Appears in 22 contracts

Samples: Credit Agreement (Northern Oil & Gas, Inc.), Credit Agreement (Northern Oil & Gas, Inc.), Credit Agreement (Northern Oil & Gas, Inc.)

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Validity and Binding Effect. This Amendment constitutes and the Loan Documents are a legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower enforceable in accordance with its their respective terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws of general application affecting creditor’s the enforcement of creditors' rights generally, and subject to or by general principles of equity, regardless equity limiting the availability of whether considered in a proceeding in equity or lawequitable remedies.

Appears in 5 contracts

Samples: Loan Agreement (MRS Fields Original Cookies Inc), Loan Agreement (MRS Fields Original Cookies Inc), Loan Agreement (MRS Fields Holding Co Inc)

Validity and Binding Effect. This Amendment constitutes has been duly executed and delivered by the Borrower. Upon satisfaction of the conditions set forth in Section 3 above, this Amendment shall constitute a legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditor’s creditors’ rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 4 contracts

Samples: Credit Agreement (Internap Corp), Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)

Validity and Binding Effect. This Amendment constitutes has been duly executed and delivered by the Borrower. Upon satisfaction of the conditions set forth in Section 3.1 above, this Amendment shall constitute a legal, valid and binding obligations obligation of the Borrower Borrower, enforceable in accordance with its terms, except as the enforceability thereof may be limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditor’s creditors’ rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 2 contracts

Samples: Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)

Validity and Binding Effect. This Amendment has been duly executed and delivered by the Borrower and constitutes the a legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditor’s creditors’ rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 2 contracts

Samples: Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)

Validity and Binding Effect. This Amendment constitutes and the Loan Documents are a legal, valid and binding obligations obligation of the Borrower, enforceable against the Borrower enforceable in accordance with its their respective terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws of general application affecting creditor’s the enforcement of creditors' rights generally, and subject to or by general principles of equity, regardless equity limiting the availability of whether considered in a proceeding in equity or law.equitable remedies. •

Appears in 2 contracts

Samples: Loan Agreement (MRS Fields Holding Co Inc), Loan Agreement (MRS Fields Original Cookies Inc)

Validity and Binding Effect. This Amendment constitutes has been duly executed and delivered by the Borrower. Upon satisfaction of the conditions set forth in Section 3.2 above, this Amendment shall constitute a legal, valid and binding obligations obligation of the Borrower Borrower, enforceable in accordance with its terms, except as the enforceability thereof may be limited by subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditor’s creditors’ rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Credit Agreement (Internap Corp)

Validity and Binding Effect. This Amendment constitutes Amendment, the Loan Agreement as amended, and the other Related Documents are the legal, valid and binding obligations obligation of the Borrower, enforceable against Borrower enforceable in accordance with its their respective terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws of general application affecting creditor’s the enforcement of creditors’ rights generally, and subject to or by general principles of equity, regardless equity limiting the availability of whether considered in a proceeding in equity or lawequitable remedies.

Appears in 1 contract

Samples: Business Loan Agreement (Farmland Partners Inc.)

Validity and Binding Effect. This Amendment constitutes the valid and binding obligations of the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or similar laws affecting creditor’s creditors’ rights generally, and subject to general the availability of equitable remedies may be limited by equitable principles of equity, regardless of whether considered in a proceeding in equity or lawgeneral application.

Appears in 1 contract

Samples: Credit Agreement (Par Petroleum Corp/Co)

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Validity and Binding Effect. This Amendment constitutes the valid and binding obligations of the Borrower Borrowers enforceable in accordance with its their respective terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or similar laws affecting creditor’s creditors’ rights generally, and subject to general the availability of equitable remedies may be limited by equitable principles of equity, regardless of whether considered in a proceeding in equity or lawgeneral application.

Appears in 1 contract

Samples: Credit Agreement (Stewart & Stevenson LLC)

Validity and Binding Effect. This Amendment has been duly executed and delivered by the Borrower. This Amendment constitutes the a legal, valid and binding obligations obligation of the Borrower Borrower, enforceable against it in accordance with its terms, except (a) as the such enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditor’s the enforcement of creditors’ rights generally, generally and subject to general (b) that rights of acceleration and the availability of equitable remedies may be limited by equitable principles of equity, general applicability (regardless of whether considered in a proceeding enforcement is sought by proceedings in equity or at law).

Appears in 1 contract

Samples: Credit Agreement (Amag Pharmaceuticals Inc.)

Validity and Binding Effect. This Amendment constitutes the valid and --------------------------- binding obligations of the each Borrower enforceable in accordance with its terms, except as (a) the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or similar laws affecting creditor’s 's rights generally, and subject to general (b) the availability of equitable remedies may be limited by equitable principles of equity, regardless of whether considered in a proceeding in equity or lawgeneral application.

Appears in 1 contract

Samples: Credit Agreement (American Rivers Oil Co /De/)

Validity and Binding Effect. This Amendment constitutes Amendment, the Loan Agreement as amended, and the other Related Documents are the legal, valid and binding obligations obligation of the Borrower, enforceable against Borrower enforceable in accordance with its their respective terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium insolvency or other similar laws of general application affecting creditor’s the enforcement of creditors' rights generally, and subject to or by general principles of equity, regardless equity limiting the availability of whether considered in a proceeding in equity or lawequitable remedies.

Appears in 1 contract

Samples: Business Loan Agreement (Farmland Partners Inc.)

Validity and Binding Effect. This Each of this Amendment and the Amended Credit Agreement constitutes the valid and binding obligations of the Borrower enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditor’s rights generally, and subject to general principles of equity, regardless of whether considered in a proceeding in equity or law.

Appears in 1 contract

Samples: Senior Secured Superpriority Priming Debtor in Possession Credit Agreement (Southcross Energy Partners, L.P.)

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