Mutual Warranties. Each party represents and warrants that: (a) (power) it has full legal capacity and power to enter into this document and to carry out the transactions that it contemplates; (b) (corporate authority) it has taken all corporate action that is necessary or desirable to authorise its entry into this document and to carry out the transactions contemplated; (c) (Authorisations) it holds each Authorisation that is necessary or desirable to: (i) enable it to properly execute this document and to carry out the transactions that it contemplates; (ii) ensure that this document is legal, valid, binding and admissible in evidence; or (iii) enable it to properly carry on its business as it is now being conducted, and it is complying with any conditions to which any of these Authorisations is subject; (d) (documents effective) this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (except to the extent limited by equitable principles and laws affecting creditors' rights generally), subject to any necessary stamping or registration; (e) (solvency) there are no reasonable grounds to suspect that it will not be able to pay its debts as and when they become due and payable; and (f) (no controller) no controller is currently appointed in relation to any of its property, or any property of any of its subsidiaries.
Appears in 38 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Mutual Warranties. Each party represents and warrants that:
(a) (power) it has full legal capacity and power to enter into this document and to carry out the transactions that it contemplates;
(b) (corporate authority) it has taken all corporate action that is necessary or desirable to authorise its entry into this document and to carry out the transactions contemplated;
(c) (Authorisations) it holds each Authorisation that is necessary or desirable to:
(i) enable it to properly execute this document and to carry out the transactions that it contemplates;
(ii) ensure that this document is legal, valid, binding and admissible in evidence; or
(iii) enable it to properly carry on its business as it is now being conducted, and it is complying with any conditions to which any of these Authorisations is subject;
(d) (documents effective) this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (except to the extent limited by equitable principles and laws affecting creditors' rights generally), subject to any necessary stamping or registration;
(e) (solvency) there are no reasonable grounds to suspect that it will not be able to pay its debts as and when they become due and payable; and
(f) (no controller) no controller is currently appointed in relation to any of its property, or any property of any of its subsidiaries.
Appears in 19 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Mutual Warranties. Each party represents and warrants that:
(a) (power) it has full legal capacity and power to enter into this document and to carry out the transactions that it contemplates;
(b) (corporate authority) it has taken all corporate action that is necessary or desirable to authorise its entry into this document and to carry out the transactions contemplated;
(c) (Authorisations) it holds each Authorisation that is necessary or desirable to:
(i) enable it to properly execute this document and to carry out the transactions that it contemplates;
(ii) ensure that this document is legal, valid, binding and admissible in evidence; or
(iii) enable it to properly carry on its business as it is now being conducted, and it is complying with any conditions to which any of these Authorisations is subject;
(d) (documents effective) this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (except to the extent limited by equitable principles and laws Laws affecting creditors' rights generally), subject to any necessary stamping or registration;
(e) (solvency) there are no reasonable grounds to suspect that it will not be able to pay its debts as and when they become due and payable; and
(f) (no controller) no controller is currently appointed in relation to any of its property, or any property of any of its subsidiaries.
Appears in 3 contracts
Samples: Voluntary Planning Agreement, Planning Agreement, Voluntary Planning Agreement
Mutual Warranties. Each party represents and warrants that:
(a) (power) it has full legal capacity and power to enter into this document and to carry out the transactions that it contemplates;
(b) (corporate authority) it has taken all corporate action that is necessary or desirable to authorise its entry into this document and to carry out the transactions contemplated;
(c) (Authorisations) it holds each Authorisation that is necessary or desirable to:
(i) enable it to properly execute this document and to carry out the transactions that it contemplates;
(ii) ensure that this document is legal, valid, binding and admissible in evidence; or
(iii) enable it to properly carry on its business as it is now being conducted, and it is complying with any conditions to which any of these Authorisations is subject;
(d) (documents effective) this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (except to the extent limited by equitable principles and laws Laws affecting creditors' ’ rights generally), subject to any necessary stamping or registration;
(e) (solvency) there are no reasonable grounds to suspect that it will not be able to pay its debts as and when they become due and payable; and
(f) (no controller) no controller is currently appointed in relation to any of its property, or any property of any of its subsidiaries.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Mutual Warranties. Each party represents and warrants that:
(a) (power) it Council has full legal capacity and power to enter into this document and to carry out the transactions that it contemplates and the Developer warrants that it has the consent of the Owner to enter into this document and to carry out the transactions that it contemplates;
(b) (corporate authority) it has taken all corporate action that is necessary or desirable to authorise its entry into this document and to carry out the transactions contemplated;
(c) (Authorisations) it holds each Authorisation that is necessary or desirable to:
(i) enable it to properly execute this document and to carry out the transactions that it contemplates;
(ii) ensure that this document is legal, valid, binding and admissible in evidence; or
(iii) enable it to properly carry on its business as it is now being conducted, and it is complying with any conditions to which any of these Authorisations is subject;,
(d) (documents effective) this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (except to the extent limited by equitable principles and laws affecting creditors' ’ rights generally), subject to any necessary stamping or registration;
(e) (solvency) there are no reasonable grounds to suspect that it will not be able to pay its debts as and when they become due and payable; and
(f) (no controller) no controller is currently appointed in relation to any of its property, or any property of any of its subsidiaries.
Appears in 1 contract
Samples: Planning Agreement
Mutual Warranties. Each party represents and warrants that:
(a) (power) it has full legal capacity and power to:
(i) own its property and to carry on its business; and
(ii) enter into this document and to carry out the transactions that it contemplates;
(b) (corporate authority) it has taken all corporate action that is necessary or desirable to authorise its entry into this document and to carry out the transactions contemplated;
(c) (Authorisations) it holds each Authorisation that is necessary or desirable to:
(i) enable it to properly execute this document and to carry out the transactions that it contemplates;
(ii) ensure that this document is legal, valid, binding and admissible in evidence; or
(iii) enable it to properly carry on its business as it is now being conducted, and it is complying with any conditions to which any of these Authorisations is subject;
(d) (documents effective) this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (except to the extent limited by equitable principles and laws affecting creditors' rights generally), subject to any necessary stamping or registration;
(e) (solvency) there are no reasonable grounds to suspect that it will not be able to pay its debts as and when they become due and payable; and
(f) (no controllerController) no controller Controller is currently appointed in relation to any of its property, or any property of any of its subsidiaries.
Appears in 1 contract
Samples: Major Services Contract