Common use of M erchant’s Warranties Clause in Contracts

M erchant’s Warranties. Merchant represents and covenants that: (a) all information contained in the Application or any other documents delivered to Bank or ISO in connection therewith is true and complete and properly reflects Merchant's business, financial condition and principal partners, owners or officers; (b) Merchant has power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is no action, suit or proceeding at law or in equity now pending or to Merchant's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations; (e) each Sales Draft presented to Bank for collection is genuine and is not the result of any fraudulent or prohibited Transaction or is not being deposited on behalf of any business other than Merchant as authorized by this Agreement; (f) each Sales Draft is the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Sales Draft; (g) Merchant has performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction evidenced thereby; (h) Merchant has complied with Settlor's procedures for accepting Cards, and the Card Transaction itself does not involve any element of credit for any other purposes other than as set forth in this Agreement, and is not subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations' rules, the Consumer Credit Protection Act (15 USC §1601) or other relevant state or federal statutes or regulations; and (i) any Credit Voucher which it issues represents a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by Bank.

M erchant’s Warranties. Merchant represents represents, warrants and covenants that: (a) all information contained in the Merchant Application or any other documents delivered to Bank or ISO Pivotal in connection therewith is true and complete and properly reflects Merchant's Merchant‟s business, financial condition and principal partners, owners or and officers; (b) Merchant has power to execute, deliver and perform this the Merchant Agreement, and this the Merchant Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is no action, suit or proceeding at law or in equity now pending or or, to Merchant's Merchant‟s knowledge, threatened by or against or affecting Merchant which would substantially impair its right or ability to carry on its business as now conducted or adversely affect its financial condition or operationsoperations or the entering into of the Merchant Agreement; during the term of the Merchant Agreement, (e) each Sales Draft presented to Bank Pivotal for collection is will be genuine and is will not be the result of any fraudulent or prohibited Transaction or is will not being deposited be presented on behalf of any business other than Merchant as authorized by this the Merchant Agreement; (f) each Sales Draft is will be the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Sales Draft; (g) Merchant has performed or will perform all of its obligations to the applicable Cardholder in connection with the each Card Transaction evidenced therebyTransaction; (h) Merchant has complied (and will comply) with Settlor's Pivotal‟s procedures for accepting Cards, and the each Card Transaction itself does will not involve any element of credit for any other purposes purpose other than as set forth in this the Merchant Agreement, and is will not be subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations' rulesAssociations‟ Rules, the Consumer Credit Protection Act (15 USC §1601) under any applicable consumer protection legislation or any other relevant state provincial or federal statutes or regulations; and (i) any Credit Voucher which it issues represents and will issue, will represent a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by BankPivotal.