Common use of ENTERING THIS AGREEMENT Clause in Contracts

ENTERING THIS AGREEMENT. 3.1 Each Party represents and warrants that it is authorised to enter into and perform its obligations under this Agreement. 3.2 The Recipient warrants on its execution of this Agreement that: (a) it is not insolvent or bankrupt and no action has been taken to initiate any form of insolvency or administration in relation to the Recipient; (b) all information relating to the Activities that was provided by the Recipient to ACC prior to ACC’s execution of this Agreement, including in any proposal or presentation by the Recipient, is accurate, complete and true. The Recipient acknowledges that ACC is entering into this Agreement in reliance on such information; and (c) it is not aware of any information that has not been disclosed to ACC which may, if disclosed, materially adversely affect the decision of ACC whether to provide the Funding.