Common use of Validity; Binding Nature Clause in Contracts

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party is a party, as applicable, is the legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonableness.

Appears in 18 contracts

Samples: Credit Agreement (Biolase, Inc), Credit Agreement (Acer Therapeutics Inc.), Credit Agreement (Acer Therapeutics Inc.)

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Validity; Binding Nature. Each of this Agreement and each other Loan Document to which Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 14 contracts

Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Performant Financial Corp), Credit Agreement (Staffmark Holdings, Inc.)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors' rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 6 contracts

Samples: Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (Obalon Therapeutics Inc)

Validity; Binding Nature. Each of this Agreement and Agreement, each other Loan Document to which Borrower or any other Loan Party is a party and each Asset Purchase Document to which any Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 5 contracts

Samples: Credit Agreement (Merus Labs International Inc.), Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (Merus Labs International Inc.)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Borrower or such other Loan Party, enforceable against such Borrower or such other Loan Party in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 4 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency insolvency, fraudulent transfer and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 4 contracts

Samples: Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which the Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 4 contracts

Samples: Credit Agreement (Workhorse Group Inc.), Credit Agreement (Adma Biologics, Inc.), Credit Agreement (Avinger Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party Borrower is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyBorrower, enforceable against such Loan Party Borrower in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonableness.

Appears in 3 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Response Genetics Inc), Credit Agreement (Response Genetics Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which Borrower or any other Loan Party is a party, as applicable, party has been duly executed and delivered by such Person and is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 2 contracts

Samples: Credit Agreement (AmWINS GROUP INC), Second Lien Credit Agreement (AmWINS GROUP INC)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which Holdings, the Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 2 contracts

Samples: Credit Agreement (CareView Communications Inc), Credit Agreement (CareView Communications Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement (Rosetta Stone Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which the Holders, the Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors' rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement (PDL Biopharma, Inc.)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to the effects of bankruptcy, insolvency insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting the enforceability of creditors’ rights generally generally, general equitable principles (whether considered in a proceeding in equity or at law) and to general principles an implied covenant of equity good faith and concepts of reasonablenessfair dealing.

Appears in 1 contract

Samples: Loan and Security Agreement (Microvast Holdings, Inc.)

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Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors' rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement (Focus Venture Partners, Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which the Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors' rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement (PDL Biopharma, Inc.)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency insolvency, moratorium and similar laws affecting the enforceability of creditors' rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement (Dwyer Group Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors, rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Control Agreement (Earth Biofuels Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party is a party, as applicable, is the legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonableness.. [Solsys Medical] A&R Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Misonix Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Loan Party is a party, as applicable, is the legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonableness.. [Biolase] Credit Agreement #61304369

Appears in 1 contract

Samples: Credit Agreement (Biolase, Inc)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which either Borrower or any other Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement (Durata Therapeutics, Inc.)

Validity; Binding Nature. Each of this Agreement and each other Loan Document to which any Borrower or any other Secured Loan Party is a party, as applicable, party is the legal, valid and binding obligation of such Loan PartyPerson, enforceable against such Loan Party Person in accordance with its terms, subject to bankruptcy, insolvency and similar laws affecting the enforceability of creditors’ rights generally and to general principles of equity and concepts of reasonablenessequity.

Appears in 1 contract

Samples: Credit Agreement

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