Common use of Recipient Representations Clause in Contracts

Recipient Representations. The Recipient makes the following representations and warranties to FII as of the date of this Agreement, with the intention that FII will rely on such representations and warranties in entering into this Agreement, and which representations and warranties will survive the execution and delivery of this Agreement and related documents: (a) the Recipient is duly created and is validly existing under the laws of its jurisdiction of incorporation; (b) the Recipient has the power, capacity and authority to own its assets and enter into this Agreement and to do all acts and things and execute and deliver all other documents or instruments as are required to be done, observed or performed by it pursuant to the provisions of this Agreement; (c) the Recipient does not know of any fact that materially adversely affects, or could materially adversely affect, its properties, assets, condition (financial or otherwise), business or operations or its ability to fulfil its obligations under this Agreement; (d) the Recipient is not aware of any breach of, or any default under all applicable laws, by-laws, rules and regulations that apply to or are binding on the Recipient, that materially affects or could materially affect the Recipient’s ability to fulfil its obligations under this Agreement; (e) this Agreement is binding upon and enforceable against the Recipient; and (f) all matters, statements, representations, warranties and covenants set out in the Project Proposal were true at the time the Project Proposal was submitted to FII and are true as of the date of this Agreement, and the Recipient will be bound by all commitments made in the Project Proposal.

Recipient Representations. The Recipient makes the following representations and warranties to FII as of the date of this Agreement, with the intention that FII will rely on such representations and warranties in entering into this Agreement, and which representations and warranties will survive the execution and delivery of this Agreement and related documents: (a) the Recipient is duly created and is validly existing under the laws of its jurisdiction of incorporation; (b) the Recipient has the power, capacity and authority to own its assets and enter into this Agreement and to do all acts and things and execute and deliver all other documents or instruments as are required to be done, observed or performed by it pursuant to the provisions of this Agreement; (c) the Recipient does not know of any fact that materially adversely affects, or could materially adversely affect, its properties, assets, condition (financial or otherwise), business or operations or its ability to fulfil its obligations under this Agreement; (d) the Recipient is not aware of any breach of, or any default under all applicable laws, by-laws, rules and regulations that apply to or are binding on the Recipient, that materially affects or could materially affect the Recipient’s ability to fulfil its obligations under this Agreement;( (e) this Agreement is binding upon and enforceable against the Recipient; and (f) all matters, statements, representations, warranties and covenants set out in the Project Proposal were true at the time the Project Proposal was submitted to FII and are true as of the date of this Agreement, and the Recipient will be bound by all commitments made in the Project Proposal.