Client’s Representations. 1.2.1. The Client represents and warrants that he/she is free to enter into this Agreement, to perform each of the terms and covenants contained herein and that he/she is not restricted or prohibited, contractually or otherwise, from entering into or performing under this Agreement and that his/her execution of and performance under this Agreement is not a violation or breach of any other agreement between the Company and any other person or entity.
1.2.2. The Client understands and expressly agrees that the Company shall exercise its right to monitor activity of the Client and verify consistency of Client’s behavior and trading activities on the Company’s platform.
1.2.3. The Client further represents that he/she has complete understanding and is agreeing with all terms and conditions of this Agreement.
Client’s Representations. The Client represents that it is in compliance with all applicable Securities and Exchange Commission reporting and accounting requirements and all applicable requirements of the NASD or any stock exchange. The Client further represents that it has not been and is not the subject of any enforcement proceeding or injunction by the Securities and Exchange Commission or any state securities agency.
Client’s Representations. Client represents that it has the full right and authority to enter into and perform this Agreement. The consummation of the Agreement and the transactions contemplated herein do not violate any outstanding assignments, grants, licenses, encumbrances, obligations, agreements or understanding between Client and any other person or entity. Client represents and warrants to Consultant that Client is able to timely pay Consultant all fees and expenses incurred in the performance of the services hereunder.
Client’s Representations. The Client hereby represents and warrants to BTC, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that:
(a) This Agreement and the Securities Lending Guidelines have been approved by the Board of Directors or Board of Trustees, as applicable, of the Client (the “Board”); this Agreement is, and, if properly entered into under the terms of this Agreement and the Securities Lending Guidelines, each Securities loan and Approved Investment will be, legally and validly entered into by the Client, on behalf of its Funds, does not, and will not, violate any statute, regulation, rule, order or judgment binding on the Fund, or any provision of the Client’s charter or by-laws, or any agreement binding on the Client or affecting its property, and is enforceable against the Client and each of its Funds in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors’ rights generally;
(b) The person executing this Agreement and all Authorized Persons acting on behalf of the Client or any Fund has and have been duly and properly authorized to do so;
(c) Each Fund is lending Securities as principal for its own account and it will not transfer, assign or encumber its interest in, or rights with respect to, any Securities loans; and
(d) All Securities available for lending pursuant to this Agreement are free and clear of all liens, claims, security interests and encumbrances that would preclude their being lent as contemplated by this Agreement. The Client shall promptly notify BTC in the manner agreed between the parties from time to time when any Securities are no longer subject to the representations contained in this sub-paragraph (d).
Client’s Representations. Client represents, warrants and covenants to Consultant that each of the following are true and complete as of the Effective Date:
Client’s Representations. Client represents, warrants and covenants to Consultant that each of the following are true and complete as of the date of this Agreement:
Client’s Representations. 1. The Client represents that:
1. Klient prohlašuje, že:
Client’s Representations. Client represents, warrants and covenants to Consultant that each of the following are true and complete as of the date of this Agreement:
A. Corporate Existence. Client is a corporation duly organized, validly existing, and in good standing under the laws of the state of its incorporation, with full corporate power and authority and all necessary governmental authorizations to own, lease and operate property and carry on its business as it is now being conducted. Client is duly qualified to do business in and is in good standing in every jurisdiction in which the nature of its business or the property owned or leased by it makes such qualifications necessary.
Client’s Representations. You represent and warrant that: (i) you have the unrestricted right to use, and to grant the licenses you grant in the Agreement with respect to, all Client Content and that your licensing of Client Content to us will not infringe any third party copyright or trademark rights; (ii) you and your Services will comply with all applicable laws, orders, codes, regulations and requirements (“Laws”), and you and any individuals listed in your Services have all required licenses to provide the goods and services advertised in all jurisdictions where the Services appear; (iii) you have not made any false or misleading claims in any Service; (iv) in the event you use third-party social media logos, industry membership logos, or other branding in your advertisement(s), you are and will remain either a member in good standing or comply with all the rules and/or terms of use of each social media platform or organization represented with logos and/or branding in your advertisement(s); (v) you will comply with our digital privacy policy and terms of use as applicable (vi) you have not requested, and will not use, the Services, or our Digital Platform for any unlawful purpose or business; (vii) you have not violated any contractual or legal obligation by entering into the Agreement and requesting us to publish any Service; and (viii) you are or represent the business related to the Services listed above (collectively, your “Client Representations”). You will notify us immediately if any of the above becomes inaccurate.
Client’s Representations. Client represents and acknowledges that: (i) Client is the sole owner of the Account assets and has full power and authority to enter into this Agreement and to commit the assets to Xxxxxx'x management and supervision; (ii) that the person signing this Agreement on behalf of Client is authorized and empowered to establish accounts and commit the assets to Xxxxxx'x management and supervision on the entity’s behalf; (iii) Client has received Xxxxxx'x current Form ADV, Part 2A and B; and (iv) Client has received a copy of Xxxxxx'x Privacy Policy.
