By Silan Sample Clauses

By Silan. Silan IC and Parent represent and warrant that: Silan IC and Parent each have the right to enter this Agreement; Each of Silan IC and Parent is a corporation duly organized, validly existing, and in good standing under the laws of China; Silan IC and Parent each has the power and authority, corporate and otherwise, to execute and deliver the Transaction Agreements and to perform its obligations under the Transaction Agreements; Silan IC and Parent each has by all necessary corporate action duly and validly authorized the execution and delivery of the Transaction Agreements and the performance of its obligations under the Transaction Agreements; Neither Silan IC nor Parent is a government owned or controlled entity; Silan IC is a wholly-owned Subsidiary of Parent; the execution, delivery and performance by Silan of this Agreement and the other Transaction Agreements does not and will not conflict with, violate or result in the breach of: (i) the articles or certificate of incorporation or by-laws of either Silan IC or Parent, (ii) any existing law, ordinance, or governmental rule or regulation to which either Silan IC or Parent is subject, (iii) any judgment, order, writ, injunction, decree or award of any Governmental Authority which is applicable to either Silan IC or Parent, or (iv) any mortgage, indenture, agreement, contract, commitment, lease, plan, authorization, or other instrument, document or understanding, oral or written, to which either Silan IC or Parent is a party; and this Agreement and each other Transaction Agreement is a legal, valid and binding obligation, enforceable against Silan IC and Parent in accordance with its terms subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and general equity principles.
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