Other Liens; Adverse Claim. The Company represents and warrants, as of the date hereof, that: (i) it has not assigned any of its rights under any Accounts except as part of the Collateral; (ii) it has not executed and is not aware of any effective financing statement, security agreement, control agreement or other instrument similar in effect covering all or any part of the Accounts, except those in favor of Collateral Agent; and (iii) it has full power and authority to grant a security interest in and assign its right, title and interest in the Accounts and all financial assets held therein or credited thereto and all proceeds thereof hereunder. The Company represents, warrants and covenants that it has not granted, and shall not grant, to any Person (other than Collateral Agent) any interest in any of the Accounts and that it has kept, and shall keep, the Accounts free from all other Liens (other than Liens in favor of Collateral Agent and Permitted Liens).
Appears in 5 contracts
Samples: Depositary Agreement (Bloom Energy Corp), Depositary Agreement (Bloom Energy Corp), Depositary Agreement (Bloom Energy Corp)