Legally Binding. The terms of this Agreement contained herein are contractual and not mere recitals.

Binding. This Agreement shall be binding on the parties hereto, and their respective heirs, representatives, successors and assigns; and shall inure to the benefit of Borrower and of Lender and Lender’s successors and assigns.

this Agreement is its legally binding, valid and enforceable obligation;

This Agreement is the valid and legally binding obligation of the Securities Intermediary.

“Contract” means any contract, agreement, lease, license, instrument, commitment, evidence of Indebtedness, purchase order, binding bid or other legally binding arrangement, whether written or oral.

Binding Effect. This Agreement, the Note, all Security Agreements (if any), and all Related Documents are binding upon the signers thereof, as well as upon their successors, representatives, and assigns, and are legally enforceable in accordance with their respective terms.

written, electronic or oral and whether express or implied) that is or purports by its terms to be legally binding, and including all amendments thereto.

This Guaranty has been duly signed and delivered by the authorized officer(s) of the Guarantor and constitutes its lawful, binding and legally enforceable obligation.

The Subscriber has full power and authority to enter into this Agreement which constitutes a valid and legally binding obligation, enforceable in accordance with its terms;

This Note has been duly executed and delivered by Maker and constitutes a valid and legally binding obligation of Maker enforceable in accordance with its terms.