Common use of Declarations of the applicant Clause in Contracts

Declarations of the applicant. 1. With effect from the date of execution of this Participation Agreement including the duly completed Attachment, the Registered Participant declares that it has full and complete knowledge of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex thereto (hereinafter referred to as the “IFA Annex”) (those allocation rules, including the IFA Annex, hereinafter referred to as the Allocation Rules) which are published on the websites of National Grid and RTE and the Access Rules relating to the IFA also published on the websites of National Grid and RTE (hereinafter referred to as the IFA Access Rules), as amended from time to time. 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole including future amendments. 3. The Registered Participant warrants to the Allocation Platform at the time of entering into this Participation Agreement and on a continuing basis that: a. the information set out in the Attachment is true accurate and complete in all respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA Access Rules infringe any anti- trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA Access Rules; e. this Participation Agreement and rights acquired under the Allocation Rules and the IFA Access Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t , the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

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Declarations of the applicant. 1. With effect from the date of execution of this validly signed Participation Agreement including the duly completed Attachment, the Registered Participant declares that it has full and complete knowledge of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex [●] thereto (hereinafter referred to as the “IFA BritNed Annex”) (those allocation rules, rules including the IFA Annex, BritNed Annex hereinafter referred to as the Allocation Rules) which are published on the websites website of National Grid and RTE the Allocation Platform and the Access Rules relating to the IFA Interconnector also published on the websites website of National Grid and RTE the Allocation Platform (hereinafter referred to as the IFA “BritNed Access Rules), as amended from time to time. 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA BritNed Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole including future amendments. 3. The Registered Participant warrants to the Allocation Platform at the time of entering into this Participation Agreement and on a continuing basis that: a. the information set out in the Attachment is true true, accurate and complete in all respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA BritNed Access Rules infringe any anti- anti-trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA BritNed Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA BritNed Access Rules; e. this Participation Agreement and rights acquired under the Allocation Rules and the IFA BritNed Access Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t Participation Agreement, the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Platform shall be entitled to terminate this Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

Declarations of the applicant. 1. With effect from the date of execution of this Participation Agreement including the duly completed Attachment, the Registered Participant declares that it has full and complete knowledge of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex [•] thereto (hereinafter referred to as the “IFA Annex”) (those allocation rules, including the IFA Annex, hereinafter referred to as the Allocation Rules) which are published on the websites of National Grid and RTE and version 10 of the Access Rules relating to the IFA also published on the websites of National Grid and RTE (hereinafter referred to as the IFA Access Rules), as amended from time to time. 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole including future amendments. 3. The Registered Participant warrants to the Allocation Platform at the time of entering into this Participation Agreement and on a continuing basis that: a. the information set out in the Attachment is true true, accurate and complete in all respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA Access Rules infringe any anti- trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA Access Rules; e. this Participation Agreement and rights acquired under the Allocation Rules and the IFA Access Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t Participation Agreement, the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Platform can terminate this Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 1 contract

Samples: Participation Agreement

Declarations of the applicant. 1. With effect from the date of execution of this Participation Agreement including the duly completed Attachment, the Registered Participant declares that it has full and complete knowledge of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex 13 thereto (hereinafter referred to as the “IFA Annex”) (those allocation rules, including the IFA Annex, hereinafter referred to as the Allocation Rules) which are published on the websites of National Grid and RTE and the Access Rules relating to the IFA also published on the websites of National Grid and RTE (hereinafter referred to as the IFA Access Rules), as amended from time to time. 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole including future amendments. 3. The Registered Participant warrants to the Allocation Platform at the time of entering into this Participation Agreement and on a continuing basis that: a. the information set out in the Attachment is true accurate and complete in all respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA Access Rules infringe any anti- trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA Access Rules and all necessary action has been taken by it to authorise entry into and Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... performance of this Participation Agreement and any rights under the Allocation Rules and the IFA Access Rules; e. this Participation Agreement and rights acquired under the Allocation Rules and the IFA Access Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t , the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Participation Agreement forthwith on written notice to the Registered Participant.m

Appears in 1 contract

Samples: Participation Agreement

Declarations of the applicant. 1. With effect from the date of execution of this validly signed Participation Agreement including the duly completed Attachment, the Registered Participant declares that it has full and complete knowledge of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex [●] thereto (hereinafter referred to as the “IFA BritNed Annex”) (those allocation rules, rules including the IFA Annex, BritNed Annex hereinafter referred to as the Allocation Rules) which are published on the websites website of National Grid and RTE the Allocation Platform and the Access Rules relating to the IFA Interconnector also published on the websites website of National Grid and RTE the Allocation Platform (hereinafter referred to as the IFA “BritNed Access Rules), as amended from time to time. 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA BritNed Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole including future amendments. 3. The Registered Participant warrants to the Allocation Platform at the time of entering into this Participation Agreement and on a continuing basis that: a. : the information set out in the Attachment is true true, accurate and complete in all respects; b. , subject to any notification of changes made by the Registered Participant in accordance with Article 9(2) of the Allocation Rules; the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA BritNed Access Rules infringe any anti- anti-trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. ; in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. ; the Registered Participant has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA BritNed Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA BritNed Access Rules; e. ; this Participation Agreement and rights acquired under the Allocation Rules and the IFA BritNed Access Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. ; the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t Participation Agreement, the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Platform shall be entitled to terminate this Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 1 contract

Samples: Participation Agreement

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Declarations of the applicant. 1. With effect from the date of execution By signing and with delivery of this Participation Agreement including the duly completed AttachmentAgreement, the Registered Participant declares that it has full fulfillment of all participation requirements and complete knowledge of commits to abide to the "applicable harmonized allocation rules for long-term transmission rights, including its Specific Annex for Bidding Zone borders serviced by SEE CAO to the Harmonised Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex thereto long- terms transmission rights (hereinafter referred to as the “IFA Annex”) (those allocation rules, including the IFA Annex, hereinafter referred to as the "Allocation Rules) "), which are published on the websites website of National Grid and RTE and the Access Rules relating to the IFA also published on the websites of National Grid and RTE (hereinafter referred to as the IFA Access Rules), as amended Allocation Platform from time to timetime and any agreed additional rules in accordance with Article 4 of this Participation Agreement ("Additional Rules") such as Rules for explicit Daily Capacity Allocation on Bidding Zone borders serviced by SEE CAO (“Daily Capacity Allocation Rules”) . 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA Access Rules, including the Information System Rules, as published by the Allocation Platform any agreed Additional Rules as a whole including future amendments. 3. The In addition to the warranties set out in Article 10 of the Allocation Rules and Article 9 of the Daily Capacity Allocation Rules, the Registered Participant warrants to the Allocation Platform that at the time of entering into this Participation Agreement and on a continuing basis thatbasis: a. (a) the information set out in the Attachment Attachments 1 and 3 to this Participation Agreement is true true, accurate and complete in all material respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA Access Rules infringe any anti- trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. (b) in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant (c) it has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA Access Rules;Agreement; and e. (d) this Participation Agreement and rights acquired under the Allocation Rules and and, if applicable, the IFA Access Additional Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above warranties ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t Participation Agreement, the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Platform can terminate this Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 1 contract

Samples: Participation Agreement

Declarations of the applicant. 1. With effect from the date of execution of this Participation Agreement including the duly completed Attachment, the Registered Participant declares that it has full and complete knowledge of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex 13 thereto (hereinafter referred to as the “IFA Annex”) (those allocation rules, including the IFA Annex, hereinafter referred to as the Allocation Rules) which are published on the websites of National Grid and RTE and the Access Rules relating to the IFA also published on the websites of National Grid and RTE (hereinafter referred to as the IFA Access Rules), as amended from time to time. 2. The Registered Participant unconditionally accepts the Allocation Rules and the IFA Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole including future amendments. 3. The Registered Participant warrants to the Allocation Platform at the time of entering into this Participation Agreement and on a continuing basis that: a. the information set out in the Attachment is true accurate and complete in all respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA Access Rules infringe any anti- trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA Access Rules; e. this Participation Agreement and rights acquired under the Allocation Rules and the IFA Access Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t Participation Agreement, the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Platform can terminate this Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 1 contract

Samples: Participation Agreement

Declarations of the applicant. 1. With effect from the date of execution By signing and delivery of this Participation Agreement including the duly completed AttachmentAgreement, the Registered Participant declares that it has full fulfillment of all participation requirements and complete knowledge commits to abide to the SEE CAO Set of the "Allocation Rules for Forward Capacity Allocation”, including the IFA specific Annex thereto (hereinafter referred to as the “IFA Annex”) (those allocation rules, including the IFA Annex, hereinafter referred to as the Allocation Rules) which are published on the websites website of National Grid and RTE and the Access Rules relating to the IFA also published on the websites of National Grid and RTE (hereinafter referred to as the IFA Access Rules), as amended Allocation Platform from time to timetime and any agreed additional rules in accordance with Articles 4 and 5 of this Participation Agreement. 2. The Registered Participant unconditionally accepts the Allocation SEE CAO Set of Rules and the IFA Access Rules, including the Information System Rules, as published by the Allocation Platform as a whole any agreed Additional Rules or Additional Financial Terms including future amendments. 3. The Registered Participant warrants to the Allocation Platform that at the time of entering into this Participation Agreement and on a continuing basis thatbasis: a. (a) It has not commenced any proceedings seeking a judgement of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights; (b) No insolvency, bankruptcy or other similar legal proceeding affecting creditors’ rights have been commenced in relation to the applicant; (c) No winding-up or liquidation proceedings have been commenced with regard to the applicant; (d) It has no overdue payment obligations towards any current, previous or future Allocation Platform; (e) the information set out in the Attachment Attachments 1 and 3 to this Participation Agreement is true true, accurate and complete in all material respects; b. the Registered Participant will not by entering into this Participation Agreement or acquiring rights under the Allocation Rules or the IFA Access Rules infringe any anti- trust or competition legislation or any undertaking or other obligation arising under any anti-trust or competition legislation; c. (f) in the case of a Registered Participant that is not a natural person, it is duly incorporated and validly existing under the laws of its country of incorporation; d. the Registered Participant (g) it has full power and authority to enter into and perform this Participation Agreement and exercise rights under the Allocation Rules and the IFA Access Rules and all necessary action has been taken by it to authorise entry into and performance of this Participation Agreement and any rights under the Allocation Rules and the IFA Access Rules;Agreement; and e. (h) this Participation Agreement and rights acquired under the Allocation Rules and and, if applicable, the IFA Access Additional Rules constitutes its legal, valid and binding obligation, enforceable against it in accordance with their respective terms; f. the Registered Participant is not insolvent and that it has no knowledge of any possible insolvency proceedings that may be brought against it in the immediate future. 4. If any of the above warranties ceases to be true with regard to the Registered Participant at any time prior to termination of this P a r t i c i p a t i o n A g r e e m e n t Participation Agreement, the Allocation P l a t f o r m c a n t e r m i n a t e t h i s Platform can terminate this Participation Agreement forthwith on written notice to the Registered Participant.

Appears in 1 contract

Samples: Rules for Explicit Daily Capacity Allocation on Bidding Zone Borders Serviced by See Cao

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