Common use of Merchant’s Representations, Warranties and Covenants Clause in Contracts

Merchant’s Representations, Warranties and Covenants. Merchant represents, warrants and covenants that as of the date and during the term of this Agreement: (i) The Future Receipts are freely assignable to Purchaser and are not subject to any claims, charges, liens, restrictions, encumbrances or security interests of any nature whatsoever; (ii) This Agreement does not violate the terms of any other agreement to which Merchant or any Principal is subject (including but not limited to any other sale of future receipts agreement, any loan agreement, organizational documents, etc.); (iii) Merchant will not engage in Stacking, as that term is defined in Paragraph 3(e) above; (iv) Merchant will not change or add card processors without the prior written consent of Purchaser; (v) Merchant will not take any action to reduce, discourage, or prevent the deposit of all Future Receipts into the Approved Account; (vi) Merchant will not deposit funds arising from Future Receipts into another bank account other than the Approved Account without Purchaser’s prior written consent; (vii) Merchant will not block Purchaser from, and will provide Purchaser with full access to, the Approved Account, including all necessary passwords and online log-in information and continuous streaming read-only access to the Approved Account, pursuant to Paragraph 6 below; (viii) Because it is Xxxxxxxx’s responsibility to alert Purchaser if it is generating receivables insufficient to pay the Daily Amount, Merchant shall not allow the Approved Account to be charged four

Merchant’s Representations, Warranties and Covenants. Merchant represents, warrants and covenants that as of the date of, and during the term of of, this Agreement: (i) The Future Receipts are freely assignable to Purchaser and are not subject to any claims, charges, liens, restrictions, encumbrances or security interests of any nature whatsoever; (ii) This Agreement does not violate the terms of any other agreement to which Merchant or any Principal is subject (including but not limited to any other sale of future receipts agreement, any loan agreement, organizational documents, etc.); (iii) Merchant will not engage in Stacking, as that term is defined in Paragraph 3(e) above; (iv) Merchant will not change or add card processors without the prior written consent of Purchaser; (viv) Merchant will not take any action to reduce, discourage, or prevent the deposit of all Future Receipts into the Approved Account; (viv) Merchant will not deposit funds arising from Future Receipts into another bank account other than the Approved Account without Purchaser’s prior written consent; (viivi) Merchant will not block Purchaser from, and will provide Purchaser with full access to, the Approved Account, including all necessary passwords and online log-in information and continuous streaming read-only access to the Approved Account, pursuant to Paragraph 6 7 below; (viiivii) Because it is Xxxxxxxx’s responsibility to alert Purchaser if it is generating receivables insufficient to pay the Daily Amount, Merchant shall not allow the Approved Account to be charged four

Merchant’s Representations, Warranties and Covenants. Merchant represents, warrants and covenants that as of the date of, and during the term of of, this Agreement: (i) The Future Receipts are freely assignable to Purchaser and are not subject to any claims, charges, liens, restrictions, encumbrances or security interests of any nature whatsoever; (ii) This Agreement does not violate the terms of any other agreement to which Merchant or any Principal is subject (including but not limited to any other sale of future receipts agreement, any loan agreement, organizational documents, etc.); (iii) Merchant will not engage in Stacking, as that term is defined in Paragraph 3(e) above; (iv) Merchant will not change or add card processors without the prior written consent of Purchaser; (viv) Merchant will not take any action to reduce, discourage, or prevent the deposit of all Future Receipts into the Approved Account; (viv) Merchant will not deposit funds arising from Future Receipts into another bank account other than the Approved Account without Purchaser’s prior written consent; (viivi) Merchant will not block Purchaser from, and will provide Purchaser with full access to, the Approved Account, including all necessary passwords and online log-in information and continuous streaming read-only access to the Approved Account, pursuant to Paragraph 6 7 below; (viiivii) Because it is Xxxxxxxx’s responsibility to alert Purchaser if it is generating receivables insufficient to pay the Daily Weekly Amount, Merchant shall not allow the Approved Account to be charged four