Common use of Additional Representations and Warranties of Customer Clause in Contracts

Additional Representations and Warranties of Customer. CUSTOMER is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization. CUSTOMER has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and legally binding obligations of CUSTOMER and is enforceable in accordance with its terms and conditions. Neither the execution or delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government Agency, or court to which CUSTOMER is subject or any charter of CUSTOMER, or conflict with or create any right to accelerate, terminate, modify, or cancel or require any notice under any other agreement, or other arrangement to which CUSTOMER is a party or by which either is bound. CUSTOMER has provided to PROCESSOR a copy of any and all government or Agency inquiries or complaints regarding CUSTOMER or any of its subsidiaries, predecessors, principals, officers, or managing members. The information, authorizations, documents, reports, financial statements, and other documentation provided by CUSTOMER pursuant to this Agreement are correct, accurate, and complete and do not contain any untrue or misleading statement or fact. CUSTOMER acknowledges receiving notice of the NACHA Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and neither PROCESSOR nor ODFI shall be deemed to have paid the Receiver the amount of the Entry. The representations and warranties made by CUSTOMER in this Agreement, including but not limited to this Section 10, shall survive termination of this Agreement and the termination of services provided by PROCESSOR.

Additional Representations and Warranties of Customer. CUSTOMER is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization. CUSTOMER has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and legally binding obligations of CUSTOMER and is enforceable in accordance with its terms and conditions. Neither the execution or delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government Agency, or court to which CUSTOMER is subject or any charter of CUSTOMER, or conflict with or create any right to accelerate, terminate, modify, or cancel or require any notice under any other agreement, or other arrangement to which CUSTOMER is a party or by which either is bound. CUSTOMER has provided to PROCESSOR a copy of any and all government or Agency inquiries or complaints regarding CUSTOMER or any of its subsidiaries, predecessors, principals, officers, or managing members. The information, authorizations, documents, reports, financial statements, and other documentation provided by CUSTOMER pursuant to this Agreement are correct, accurate, and complete and do not contain any untrue or misleading statement or fact. CUSTOMER acknowledges receiving notice of the NACHA Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and neither PROCESSOR nor ODFI shall be deemed to have paid the Receiver the amount of the Entry. The representations and warranties made by CUSTOMER in this Agreement, including but not limited to this Section 10, shall survive termination of this Agreement and the termination of services provided by PROCESSOR.

Additional Representations and Warranties of Customer. CUSTOMER is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization. CUSTOMER has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and legally binding obligations of CUSTOMER and is enforceable in accordance with its terms and conditions. Neither the execution or delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government Agency, or court to which CUSTOMER is subject or any charter of CUSTOMER, or conflict with or create any right to accelerate, terminate, modify, or cancel or require any notice under any other agreement, or other arrangement to which CUSTOMER is a party or by which either is bound. CUSTOMER has provided to PROCESSOR a copy of any and all government or Agency inquiries or complaints regarding CUSTOMER or any of its subsidiaries, predecessors, principals, officers, or managing members. The information, authorizations, documents, reports, financial statements, and other documentation provided by CUSTOMER pursuant to this Agreement are correct, accurate, and complete and do not contain any untrue or misleading statement or fact. CUSTOMER acknowledges receiving notice of the NACHA Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and neither PROCESSOR nor ODFI shall be deemed to have paid the Receiver the amount of the Entry. The representations and warranties made by CUSTOMER in this Agreement, including but not limited to this Section 1011, shall survive termination of this Agreement and the termination of services provided by PROCESSOR.

Additional Representations and Warranties of Customer. CUSTOMER is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization. CUSTOMER has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and legally binding obligations of CUSTOMER and is enforceable in accordance with its terms and conditions. Neither the execution or delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government Agency, or court to which CUSTOMER is subject or any orany charter of CUSTOMER, or conflict with or create any right to accelerate, terminate, modify, or cancel or require any notice under any other agreement, or other arrangement to which CUSTOMER is a party or by which either is bound. CUSTOMER has provided to PROCESSOR a copy of any and all government or Agency inquiries or complaints regarding CUSTOMER or any of its ofits subsidiaries, predecessors, principals, officers, or managing members. The information, authorizations, documents, reports, financial statements, and other documentation provided by CUSTOMER pursuant to this Agreement are correct, accurate, and complete and do not contain any untrue or misleading statement or fact. CUSTOMER acknowledges receiving notice of the NACHA Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and neither PROCESSOR nor ODFI shall be deemed to have paid the Receiver the amount of the Entry. The representations and warranties made by CUSTOMER in this Agreement, including but not limited to this Section 10, shall survive termination of this Agreement and the termination of services provided by PROCESSOR.