ACKNOWLEDGEMENT AND REPRESENTATIONS. Customer has read, understood and agrees to be bound by these Terms and Conditions. Customer acknowledges and understands that: (i) RITERATE ENERGY is not a local electricity distributor, local gas distributor or regulated utility and is not affiliated with Customer’s Utility;; and (ii) the price under this Agreement is not regulated by the Pennsylvania Public Utility Commission (“PUC”). Customer agrees and represents that currently, and throughout the Term: (i) Customer is not and will not be bound by another Energy supply agreement for the same supply service(s) that are the subject of this Agreement, to and for the Premises; (iii) Customer will not modify or revoke RITERATE ENERGY’s agency appointment and Customer will not appoint another party as its Energy agent or supplier; (iv) the total amount that Customer can expect to pay for Energy under this Agreement will vary based on the Customer’s consumption; (v) Customer is the account holder or the spouse of the account holder, or has the authority to bind the account holder and has represented such authority to RITERATE ENERGY; and (vi) all representations made and all information provided to RITERATE ENERGY in this Agreement are true, complete, accurate and correct and that RITERATE ENERGY is relying upon this information to enter into and perform this Agreement.
ACKNOWLEDGEMENT AND REPRESENTATIONS. In exchange for Workaway’s services in recruiting me for possible employment in the United Sates, I (hereinafter referred to as “Applicant”) acknowledge, represent, and agree to the following:
ACKNOWLEDGEMENT AND REPRESENTATIONS. To induce Lender to execute, deliver and perform this Agreement, Borrower and Guarantor acknowledge, represent and warrant to Lender (a) that the Note and other Loan Documents, as amended hereby, are in full force and effect and constitute valid and enforceable obligations of Borrower and Guarantor, as of this date, free from any defenses, set-off, claims, counterclaims or causes of action of any kind or nature whatsoever by Borrower against Lender or any of Lender’s directors, officers, employees, agents or attorneys; (b) that, after giving effect to this modification, no Default (as defined in the Security Deed) or event that with the passage of time or giving of notice would constitute a Default under the Loan Documents has occurred; (c) that all representations and warranties contained in the Loan Documents are true and correct in all material respects as of this date, all necessary action to authorize the execution and delivery of this Agreement and the other documents executed in connection with the modification of the Loan (collectively, the “Loan Modification Documents”) have been taken, and this Agreement is a modification of an existing obligation and is not a novation; (d) that this Agreement is not being made or entered into with the actual intent to hinder, delay or defraud any entity or person, and after giving effect to the indebtedness and obligations, direct and contingent, represented by the Loan Documents, as amended by this Agreement and the other Loan Modification Documents, and the consummation of the transactions contemplated thereby and hereby, and Borrower and Guarantor are able to, and anticipate that they will be able to, meet their debts as they mature and have adequate capital to conduct the business in which they are or propose to be engaged; (e) that the financial statements of Borrower and Guarantor delivered to Lender in connection herewith are true, correct and complete in all material respects, have been prepared in accordance with sound accounting principles consistently applied, fairly present the respective financial conditions of the subjects thereof as of the respective dates thereof, and to the best of Borrower’s and Guarantor’s knowledge, there has been no material change of Borrower’s or Guarantor’s financial condition from the financial condition of Borrower or Guarantor (as the case may be) indicated in such financial statements; (f) no action or proceeding, including, without limitation, a voluntary or involunt...
ACKNOWLEDGEMENT AND REPRESENTATIONS. Customer has read, understood and agrees to be bound by these Terms and Conditions. Customer acknowledges and understands that: (i) Planet is not a local electricity distributor, local gas distributor or regulated utility and is not affiliated with Customer’s Utility; (ii) Customer’s Utility’s rate for Energy may vary during the Term (defined below in section 6) of the Agreement and may be greater or less than the Price (defined below in section 4); and (iii) the Price under this Agreement is not regulated by the Ontario Energy Board (“OEB”). Customer agrees and represents that currently, and throughout the Term: (i) Customer is not and will not be bound by another Energy supply agreement for and to the Premises; (ii) Customer will not modify or revoke Planet’s agency appointment and Customer will not appoint another party as its Energy agent or supplier; (iii) the total amount that Customer can expect to pay for Energy under this Agreement will vary based on the Price and Customer’s consumption; (iv) Customer is the account holder or the spouse of the account holder, or has the authority to bind the account holder and has represented such authority to Planet; (v) Customer confirms and acknowledges that Customer uses less than 50,000 m3 of Gas and/or 150,000 kWh of Electricity per year (“Low-Volume Consumer”); and (vi) all representations made and all information provided to Planet in this Agreement are true, complete, accurate and correct and that Planet is relying upon this information to enter into and perform this Agreement.
ACKNOWLEDGEMENT AND REPRESENTATIONS. Each party represents and warrants that (i) the execution, delivery and/or performance of this Agreement will not conflict with or result in any breach of any provision of its charter or by-laws or any agreement, contract or legally binding commitment or arrangement to which it is a party, and (ii) it is not subject to any limitation or restriction (including, without limitation, non-competition, and confidentiality arrangements) which would prohibit, restrict or impede the performance of any of its obligations under this Agreement. CWI is acting as an independent sales agent of the Company and, the Company and CWI agree that this Agreement does not constitute the parties as principal and agent, a joint venture, partnership, employment or similar relationship among the parties, and, unless authorized in writing, neither the Company nor CWI shall make any express or implied agreements, guarantees or representations, or incur any indebtedness or obligations, in the name of or on behalf of the other.
ACKNOWLEDGEMENT AND REPRESENTATIONS. (a) The undersigned is a Stockholder and understands and acknowledges that, pursuant to Section 8.2(j) of the Merger Agreement, the undersigned’s entering into this Investment Agreement is a condition to the Parent’s obligation to consummate the transaction contemplated by the Merger Agreement.
ACKNOWLEDGEMENT AND REPRESENTATIONS
