Additional Seller Representations. With regard to:
Additional Seller Representations. With regard to: (i) Purchased Loans, on and as of the Purchase Date of any Transaction; (ii) Eligible Loans substituted pursuant to Section 11, on and as of the date of their substitution; and (iii) Additional Purchased Loans submitted pursuant to Section 6.1, on and as of the date of their transfer to the Custodian, the Seller hereby represents and warrants to the Buyers and the Agent as follows:
Additional Seller Representations. The Seller hereby makes the following additional representations with respect to the Receivables:
(i) Schedule of Receivables. The information set forth in Appendix A hereto is true, complete and correct in all material respects as of the opening of business on the applicable Cutoff Dates, as the case may be, and no selection procedures adverse to the Certificateholders have been utilized in selecting the Receivables.
Additional Seller Representations. The following additional paragraph 9(A), subsections (i) and (ii) shall be inserted into the Agreement: “9(A).
Additional Seller Representations. You can add any additional seller’s representations and warranties listed on a purchase agreement and add your own. Step 10 – Provide Inspection Details 16.
Additional Seller Representations. Seller makes the following representations and warranties to the Company:
Additional Seller Representations. 60 15.3. Special Representations Relating to the Purchased Loans ....................................65 15.4. Representations and Warranties Relating to Specific Transactions ......................65 15.5. Survival ..................................................................................................................66
Additional Seller Representations. Seller represents to Purchaser as follows:
(a) as of the Reference Date, the capacity supporting energy to be delivered pursuant to this Confirmation is surplus to the expected capacity requirements of the Source’s host Balancing Authority Area and is not committed to another Balancing Authority Area;
(b) throughout the Delivery Term, Seller will not commit the capacity necessary to support delivery of Firm Energy to a third party or other Balancing Authority Area;
(c) throughout the Delivery Term, Firm Energy will be delivered to the Delivery Point using Firm Transmission; and
(d) throughout the Delivery Term, Seller’s firm energy obligation is and will be supported (backed) each hour by operating reserves (including required contingency reserves and sufficient balancing reserves) in the Source’s host Balancing Authority Area necessary to ensure there is sufficient energy available for Seller to meet its obligation throughout the applicable operating hour. For greater certainty, the foregoing representations do not modify the terms of the Product for the purposes of measuring either Party’s performance, which shall be based on the quantity of energy delivered to or received at the Delivery Point, as applicable, with any damages for failure to perform subject to those limitations provided herein and the WSPP Agreement.
Additional Seller Representations. Each Equityholder hereby represents and warrants to Parent and Merger Sub as follows:
(a) Equityholder has the power, capacity and authority to execute and deliver this Agreement and the other Transaction Documents to which he or she is a party, to perform his or her obligations hereunder and to consummate the transactions contemplated hereby.
(b) This Agreement has been duly executed and delivered by the Equityholder and constitutes, and the other Transaction Documents when executed and delivered will constitute, the legal, valid and binding obligation of such Equityholder, enforceable against him or her in accordance with its terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws and equitable principles related to or limiting creditors’ rights generally and by general principles of equity.
(c) As of the close of business on the date of this Agreement and on the Closing Date, the Equityholder owns directly with respect to the Company, the number of shares of Company Stock set forth next to the Equityholder’s name on Section 3.03 of the Disclosure Schedules free and clear of all Encumbrances, restrictions and claims of any kind, other than restrictions imposed by state or federal securities laws.
Additional Seller Representations. 72 15.3. Special Representations Relating to the Purchased Loans .................................. 77
