Common use of By Merchant Clause in Contracts

By Merchant. Merchant hereby represents and warrants to Givex that: (a) it has all requisite corporate power to enter into this Terms and Conditions and to carry out the terms of this Terms and Conditions; (b) all corporate action on the part of Merchant, its Affiliates and subsidiaries, officers, directors and stockholders necessary for the performance of its obligations under this Terms and Conditions has been taken; (c) this Terms and Conditions constitutes a valid and legally binding obligation, enforceable against it in accordance with the terms hereof; (d) it is a business in good standing in its jurisdiction of registration or incorporation; (e) it has not received or is not subject to any bankruptcy notice or proceeding;