Company Representations, Agreements, and Warranties Sample Clauses

Company Representations, Agreements, and Warranties. Company represents that all information provided in the enrollment process and this Agreement is correct and complete. Company agrees to notify Processor in writing of any changes to the information in the Agreement. Company is liable to Processor for all losses or expenses incurred by Processor arising out of Company's failure to report changes. Company agrees to provide notice to the check writer or Receiver at the point of sale, on an invoice, in a service agreement, or other acceptable location. The notice language will be provided to the Company by the Processor. When applicable, Company agrees to complete a Return Item Authorization form, provided by Processor, and will forward to the Financial Institution(s) utilized by the Company so that all returns will be forwarded to Processor after first presentation. If Company accepts payment directly, it is the responsibility of the Company to mark the item appropriately within the solution immediately. Company will be responsible for resolving any issues and fees, including return item bank fees, arising from accepting payments on items that have already been paid or have already been sent for payment through the Representment system. Company acknowledges and agrees by virtue of acceptance and participation in this service that:
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Company Representations, Agreements, and Warranties. Company hereby: (i) assumes the responsibilities of, and makes the warranties of, an Originator under the NACHA Operating Rules (the “Rules”) and agrees to reimburse the Originating Depository Financial Institution (“ODFI”) for returns, reversals, adjustments, reclamations, and warranty claims and responsibilities related to Company’s ACH Entries; (ii) agrees to comply with, and be bound by, the Rules, including but not limited to the requirements of Article Two (Rights and Responsibilities of ODFIs, Their Originators and Third Party Senders), Rule 2.15 (Obligations of Third-Party Senders, and of ODFIs and Originators that Use Third Party Senders), and if international ACH Entries are initiated by Company, the Rules applicable to IAT ACH Entries; (iii) agrees to comply with all applicable state and federal laws, rules and regulations, including, but not limited to, sanction laws administered by the Office of Foreign Assets Control (“OFAC”), the Electronic Funds Transfer Act, the Unlawful Internet Gambling Enforcement Act, the Uniform Commercial Code, and Federal Reserve Board Regulation CC and E (the foregoing and the ACH Rules are, collectively, the “Applicable Rules”); and (iv) acknowledges that ACH Entries may not be initiated that violate the laws of the United States, including but not limited to the sanctions laws, regulations, and orders administered by OFAC, laws, regulations, rules, and orders administered by the Financial Crimes Enforcement Network (“FinCEN”), and any state laws, regulations, or orders applicable to the providers of ACH payment services. Company agrees to perform its obligations under this Agreement and in accordance and compliance with the Rules. Processor recommends Company obtain a current copy of the Rules that is published annually. A copy of the Rules book may be purchased at xxxxx://xxx.xxxxx.xxx/store. Company further understands that it is subject to all applicable laws and regulations and that these may supersede provisions in this agreement. Company expressly agrees that it will not initiate Entries that violate the laws of the United States. Company further represents to Processor and agrees that:
Company Representations, Agreements, and Warranties. Company makes the following representations and warranties with respect to the use of the Check 21 Services and each image of an original check that is transmitted to Processor using the Check 21 Services: (i) Company is responsible for the accurate scanning of all checks, for the results of the use of the Check 21 Services, and for submitting and transmitting accurate, complete and readable image cash letter files to Processor; (ii) Company shall assure that all checks are properly endorsed prior to scanning and that the images created accurately represent all of the information on the front and back of the checks, including all endorsements; (iii) each image of a check transmitted to Processor is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check; (iv) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, authentic, and authorized; (v) each check that Company submits to Processor will not be resubmitted in any format to Processor, or deposited or resubmitted to any other person or financial institution for payment, resulting in the same drawer’s account to be debited twice; (vi) each check that the Company submits to Processor is drawn in United States dollars on a financial institution located within the United States, excluding its territories; (vii) Company will only transmit eligible items and has handled the original items in accordance with applicable laws, rules and regulations; (viii) each Substitute Check meets all the requirements for legal equivalence under Check 21; (ix) Company will not transmit duplicate items; (x) Company will retain possession of each original check deposited using the Check 21 Services for a reasonable amount of time and neither the Company nor any other party will resubmit the original check for payment; (xi) Company has not knowingly failed to communicate any material information to Processor and all information provided to Processor by Company is accurate and true; (xii) Company and its clients are reputable and are not using Processor or its Check 21 Services as a conduit for money laundering, illegal activity or transactions, or other illicit purposes; (xiii) the sum of all items presented will not exceed any of the limits identified on the Service Agreement;
Company Representations, Agreements, and Warranties. Company makes the following representations and warranties with respect to the use of the Check 21 Services and each image of an original check that is transmitted to Processor using the Check 21 Services: (i) Company is responsible for the accurate scanning of all checks, for the results of the use of the Check 21 Services, and for submitting and transmitting accurate, complete and readable image cash letter files to Processor; (ii) Company shall assure that all checks are properly endorsed prior to scanning and that the images created accurately represent all of the information on the front and back of the checks, including all endorsements; (iii) each image of a check transmitted to Processor is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check; (iv) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, authentic, and authorized; (v) each check that Company submits to Processor will not be resubmitted in any format to Processor, or deposited or resubmitted to any other person or financial institution for payment, resulting in the same drawer’s account to be debited twice; (vi) each check that the Company submits to Processor is drawn in United States dollars on a financial institution located within the United States, excluding its territories;
Company Representations, Agreements, and Warranties. While it is intended that checks endorsed as described above will be returned to Processor’s account at Processor’s Financial Institution, rather than Company’s depository account(s), Company recognizes and understands that there may still be some checks that are returned to Company’s depository account(s) notwithstanding the endorsement verbiage directing returned checks to be returned to Processor. Company understands that Processor makes no warranty that returned items will in fact be returned to Processor, and Processor will not be responsible for items returned to Company’s depository bank(s). Company further represents to Processor and agrees that:

Related to Company Representations, Agreements, and Warranties

  • Client Representations and Warranties You represent that you have the full legal power and authority to enter into this Agreement and that the terms of this Agreement do not violate any obligation or duty to which you are bound, whether arising out of contract, operation of law, or otherwise. If you are an entity (e.g., corporation, partnership, limited liability company, or trust), this Agreement has been duly authorized by the appropriate corporate or other action and when so executed and delivered shall be binding in accordance with its terms. You agree to promptly deliver such corporate resolution or other action authorizing this Agreement at our request. You acknowledge that you have provided us with the information set forth on the “Client Profile” (Exhibit C) and represent that such information is a complete and accurate representation of your financial position and of your investment needs, goals, objectives, and risk tolerance at the time of entering into this Agreement and warrant that you will promptly inform us in writing if and when such information becomes incomplete or inaccurate during the term of this Agreement. You also agree to provide us with any other information and/or documentation that we may request in furtherance of this Agreement or related to your investment needs, goals, objectives, and risk tolerance for the Account, either directly from you or through your designated attorney, accountant, or other professional advisers. You acknowledge that we are authorized to rely upon any information received from such attorney, accountant, or other professional adviser and are not required to verify the accuracy of the information.

  • Company’s Representations and Warranties In order to induce Lenders to enter into this Amendment and to amend the Credit Agreement in the manner provided herein, Company represents and warrants to each Lender that the following statements are true, correct and complete:

  • Buyer’s Representations and Warranties The Buyer represents and warrants to the Company that:

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