BY THE AGGREGATOR. As a material inducement to the Competitive Supplier’s execution of this ESA, the Aggregator hereby represents and warrants to Competitive Supplier as of the Effective Date of this ESA as follows:
a) this ESA constitutes the legal, valid and binding obligation of the Aggregator enforceable in accordance with its terms;
b) the execution, delivery and performance of this ESA are within the Aggregator’s powers, have been or will be duly authorized by all necessary action;
c) the Aggregator has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due;
d) the Aggregator is authorized and empowered by the provisions of X.X. x. 164, § 134, to organize and implement the Program and has taken all action necessary to establish the Program;
e) the Aggregator has the authority to act on behalf of the Participating Consumers as contemplated by this ESA;
f) to the best of its knowledge, none of the documents or other written information furnished by or on behalf of the Aggregator or its agent(s) pursuant to this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and
g) no Bankruptcy is pending or threatened against the Aggregator nor is the Aggregator contemplating Bankruptcy;
