Common use of BPDB Representations and Warranties Clause in Contracts

BPDB Representations and Warranties. BPDB hereby represents and warrants that: (a) BPDB is a public utility duly established under the laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement; (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this Agreement; and (iii) has all material permits, licences and approvals required by any Government Authority to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, perform its obligations under this Agreement. (b) The execution, delivery and performance by BPDB of this Agreement have been duly authorised by all necessary BPDB or GOB action, and do not and will not: (i) require any consent or approval of BPDB’s board of members, officers, or officials other than those which have been obtained (evidence of which shall be, if it has not been, delivered to the Company upon its request); and (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under BPDB’s charter or bylaws, other organic documents, any material indenture, contract, or agreement to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgement, injunction, decree, determination, or award presently in effect having applicability to BPDB. (c) This Agreement is a valid and binding obligation of BPDB. (d) There is no pending or, to the best of BPDB’s knowledge, threatened action or proceeding against BPDB before any court, Government Authority, or arbitrator that could reasonably be expected to affect materially and adversely the ability of BPDB to perform its obligations hereunder, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part hereof.

BPDB Representations and Warranties. BPDB hereby represents and warrants that: (a) BPDB is a public Govt. owned utility duly established under the laws Laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement;authority (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this AgreementBangladesh; and (iii) has all material permits, licences licenses and approvals required by any Government Authority Authority; to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, and perform its obligations under this Agreement.Contract; (b) The execution, delivery and performance by BPDB of this Agreement Contract have been duly authorised authorized by all necessary BPDB corporate or GOB Government action, and do not and will not: (i) require any consent or approval of BPDB’s board Board of membersDirectors, officers, officers or officials other than those which have been obtained (evidence of which shall be, if it has not heretofore been, delivered to the Company upon its request); and, (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under of BPDB’s corporate charter or bylaws, bylaws or other organic documents, documents any material indenture, contract, or agreement Contract to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgementjudgment, injunction, decree, determination, or award presently in effect having applicability to BPDB, (iii) result in a breach or constitute a default under BPDB corporate charter or bylaws, or other organic documents or other material indentures, contracts, or Contract, and BPDB is not in default under its cooperate charter or bylaws or other organic documents or other material indentures, contracts, or Contracts. (c) This Agreement is Contract shall be a valid and binding obligation of BPDBBPDB from the Execution Date. (d) There is no pending or, to To the best of BPDB’s knowledge, there is no pending or threatened action or proceeding against BPDB before any court, Government Authority, Authority or arbitrator that could reasonably be expected to affect materially and adversely the financial condition or operation of BPDB or the ability of BPDB to perform its obligations hereunder, hereunder or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part Contract (as in effect on the date hereof).

BPDB Representations and Warranties. BPDB hereby represents and warrants that: (a) BPDB is a public utility duly established under the laws Laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement;authority (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this AgreementBangladesh; and (iii) has all material permits, licences licenses and approvals required by any Government Authority Authority; to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, and perform its obligations under this Agreement., (b) The execution, delivery and performance by BPDB of this Agreement have been duly authorised authorized by all necessary BPDB corporate or GOB Government action, and do not and will not: (i) require any consent or approval of BPDB’s board Board of membersDirectors, officers, officers or officials other than those which have been obtained (evidence of which shall be, if it has not heretofore been, delivered to the Company upon its request); and, (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under of BPDB’s corporate charter or bylaws, bylaws or other organic documents, documents any material indenture, contract, or agreement to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgementjudgment, injunction, decree, determination, or award presently in effect having applicability to BPDB, (iii) result in a breach or constitute a default under BPDB corporate charter or bylaws, or other organic documents or other material indentures, contracts, or agreement, and BPDB is not in default under its cooperate charter or bylaws or other organic documents or other material indentures, contracts, or agreements. (c) This Agreement is shall be a valid and binding obligation of BPDBBPDB from the signing date. (d) There is no pending or, to To the best of BPDB’s knowledge, there is no pending or threatened action or proceeding against BPDB before any court, Government Authority, or arbitrator that could reasonably be expected to affect materially and adversely the financial condition or operation of BPDB or the ability of BPDB to perform its obligations hereunder, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part (as in effect on the date hereof).

BPDB Representations and Warranties. BPDB hereby represents and warrants that: (a) BPDB is a public utility duly established under the laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement; (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this Agreement; and (iii) has all material permits, licences and approvals required by any Government Authority government authority of Bangladesh to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, perform its obligations under this Agreement. (b) The execution, delivery and performance by BPDB of this Agreement have been duly authorised by all necessary BPDB or GOB action, and do not and will not: (i) require any consent or approval of BPDB’s BPDB‟s board of members, officers, or officials other than those which have been obtained (evidence of which shall be, if it has not been, delivered to the Company upon its request); and (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under BPDB’s BPDB‟s charter or bylaws, other organic documents, any material indenture, contract, or agreement to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgement, injunction, decree, determination, or award presently in effect having applicability to BPDB. (c) This Agreement is a valid and binding obligation of BPDB. (d) There is no pending or, to the best of BPDB’s BPDB‟s knowledge, threatened action or proceeding against BPDB before any court, Government Authority, or arbitrator that could reasonably be expected to affect materially and adversely the ability of BPDB to perform its obligations hereunder, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part hereof.

BPDB Representations and Warranties. BPDB hereby represents and warrants that: (a) BPDB is a public utility duly established under the laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement; (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this Agreement; and (iii) has all material permits, licences and approvals required by any Government Authority government authority of Bangladesh to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, perform its obligations under this Agreement. (b) The execution, delivery and performance by BPDB of this Agreement have been duly authorised by all necessary BPDB or GOB action, and do not and will not: (i) require any consent or approval of BPDB’s board of members, officers, or officials other than those which have been obtained (evidence of which shall be, if it has not been, delivered to the Company upon its request); and (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under BPDB’s charter or bylaws, other organic documents, any material indenture, contract, or agreement to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgement, injunction, decree, determination, or award presently in effect having applicability to BPDB. (c) This Agreement is a valid and binding obligation of BPDB. (d) There is no pending or, to the best of BPDB’s knowledge, threatened action or proceeding against BPDB before any court, Government Authority, or arbitrator that could reasonably be expected to affect materially and adversely the ability of BPDB to perform its obligations hereunder, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part hereof.

BPDB Representations and Warranties. BPDB hereby represents and warrants that: (a) BPDB is a public utility duly established under the laws Laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement;authority (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this AgreementBangladesh; and (iii) has all material permits, licences licenses and approvals required by any Government Authority to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, perform its obligations under this Agreement.Authority; (b) The execution, delivery and performance by BPDB of this Agreement have been duly authorised authorized by all necessary BPDB corporate or GOB Government action, and do not and will not: (i) require any consent or approval of BPDB’s board Board of membersDirectors, officers, officers or officials other than those which have been obtained (evidence of which shall be, if it has not heretofore been, delivered to the Company upon its request); and, (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under of BPDB’s corporate charter or bylaws, bylaws or other organic documents, documents any material indenture, contract, or agreement to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgementjudgment, injunction, decree, determination, or award presently in effect having applicability to BPDB, (iii) result in a breach or constitute a default under BPDB corporate charter or bylaws, or other organic documents or other material indentures, contracts, or agreement, and BPDB is not in default under its cooperate charter or bylaws or other organic documents or other material indentures, contracts, or agreements. (c) This Agreement is shall be a valid and binding obligation of BPDBBPDB from the signing date. (d) There is no pending or, to To the best of BPDB’s knowledge, there is no pending or threatened action or proceeding against BPDB before any court, Government Authority, or arbitrator that could reasonably be expected to affect materially and adversely the financial condition or operation of BPDB or the ability of BPDB to perform its obligations hereunder, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part (as in effect on the date hereof).

BPDB Representations and Warranties. BPDB Entity hereby represents and warrants that: (a) BPDB Entity is a public Govt. Owned utility duly established under the laws Laws of Bangladesh and: (i) has all requisite corporate power and authority to execute and deliver and perform its obligations under this Agreement;authority (ii) has complied with all requirements under the Laws of Bangladesh in relation to its execution and delivery of this AgreementBangladesh; and (iii) has all material permits, licences licenses and approvals required by any Government Authority Authority; to conduct its business, to own its properties, and to execute, deliver, and, to the extent obtainable at the present time, and perform its obligations under this Agreement.Contract, (b) The execution, delivery and performance by BPDB Entity of this Agreement Contract have been duly authorised authorized by all necessary BPDB corporate or GOB Government action, and do not and will not: (i) require any consent or approval of BPDBEntity’s board Board of membersDirectors, officers, officers or officials other than those which have been obtained (evidence of which shall be, if it has not heretofore been, delivered to the The Company upon its request); and, (ii) to the best of its knowledge, violate or breach any provisions of, or constitute a default under BPDBof Entity’s corporate charter or bylaws, bylaws or other organic documents, documents any material indenture, contract, or agreement Contract to which it is a party or by which it or its properties may be bound, or any material law, rule, regulation, order, writ, judgementjudgment, injunction, decree, determination, or award presently in effect having applicability to BPDBEntity, (iii) result in a breach or constitute a default under Entity corporate charter or bylaws, or other organic documents or other material indentures, contracts, or Contract, and Entity is not in default under its cooperate charter or bylaws or other organic documents or other material indentures, contracts, or Contracts. (c) This Agreement is Contract shall be a valid and binding obligation of BPDBEntity from the Execution Date. (d) There To the best of Entity’s knowledge, there is no pending or, to the best of BPDB’s knowledge, or threatened action or proceeding against BPDB Entity before any court, Government Authority, or arbitrator that could reasonably be expected to affect materially and adversely the financial condition or operation of Entity or the ability of BPDB Entity to perform its obligations hereunder, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any material part Contract (as in effect on the date hereof).