Covenants Representations Warranties. You hereby covenant, represent, and warrant as follows (which representations and warranties are true as of the date hereof and shall be true on the date of any draft against the Loan Account): (a) upon request you will furnish the Bank a copy of your annual business financial statement for the year, as well as the personal financial statements of the guarantors, all in form and substance acceptable to the Bank; (b) upon request you will furnish the Bank with copies of the signed tax returns (with schedules) filed by you or any of your guarantors for the past three (3) years and throughout the term of this Agreement; (c) you are either a corporation, partnership, limited liability company or limited liability partnership or sole proprietorship duly organized, validly existing in good standing and duly qualified to do business in the State of New York; (d) you have full power and authority to enter into this Agreement, and nothing in this Agreement contravenes any law, regulation, bylaw or contractual obligation binding upon you and will furnish proof of same to the Bank; (e) this Agreement constitutes your valid and legally binding obligation in accordance with its terms and has been fully authorized by all necessary action; (f) there are no pending nor, to the best of your knowledge, any threatened actions or proceedings before any court or administrative agency which, if determined against you, (or any guarantor) would have a material adverse effect on your (or any guarantor’s) financial condition, operations, or ability to repay; (g) you will maintain all collateral in good working order and repair, will keep it free of all liens and encumbrances, will notify the Bank of any loss or damage to the collateral, and will not sell, transfer, lease, or encumber the collateral; (h) the reports and information furnished by you and any guarantor are true and accurate in all material respects; (i) you will maintain your principal business demand deposit account with the Bank; (j) you will keep your assets insured against theft and destruction; (k) you will permit the Bank to examine your books and records, and audit your inventory; and (k)
Covenants Representations Warranties. AND AGREEMENTS OF MORTGAGOR Mortgagors hereby covenant, represent, warrant and agree that:
Covenants Representations Warranties. 6.1 Each Party represents and warrants that it has all corporate approvals and the independent right and power to enter into this CDA.
Covenants Representations Warranties. 2.1 Owner represents and warrants that, as of the Effective Date, Owner is:
Covenants Representations Warranties. 2.1 Owner represents and warrants that, as of the Effective Date, if Owner is an individual, at least eighteen (18) years of age.
Covenants Representations Warranties. 5.1 Personal Data. Customer will ensure that any Personal Data that it discloses to PROS in connection with this Agreement (including comprising any Customer Data) has been collected in accordance with the Privacy Laws and that PROS is authorized to use the Personal Data for the purposes set out in and contemplated under this Agreement.
Covenants Representations Warranties a. Grantor hereby represents and warrants to Grantee the following: (i) Grantor is the fee simple owner of the Premises and Easement Areas, free and clear of all liens and encumbrances; (ii) Grantor has the full authority and power to enter into and perform its obligations under this Agreement, and, to the extent applicable, the person or persons executing this Agreement on behalf of Grantor have the authority to enter into and deliver this Agreement on behalf of Grantor; (iii) there is no condemnation proceeding pending or threatened against all or any portion of the Premises; (iv) no claim, litigation, proceeding, or investigation is pending or threatened against Grantor or all or any portion of the Premises that could affect Grantee’s use of the Easement Areas as contemplated herein; (v) Grantor has not filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors or suffered the appointment of a receiver to take possession of substantially all of its assets;
Covenants Representations Warranties
