Representations and Warranties by Xxxxxxxxx. Developer represents and warrants that:
Representations and Warranties by Xxxxxxxxx. If you are a trustee or other fiduciary, you represent and warrant that: (i) you are a duly appointed and acting fiduciary; (ii) you have full power and authority to make this Agreement (including all requisite authorizations, waivers and consents) and to take all actions provided for in this Agreement with respect to the Account;
Representations and Warranties by Xxxxxxxxx. Developer hereby represents and warrants the following to the Township for the purpose of inducing the Township to enter into this Redevelopment Agreement and to consummate the transactions contemplated hereby, all of which shall be true as of the Effective Date, and which shall survive this Agreement:
Representations and Warranties by Xxxxxxxxx. If you are a trustee or other fiduciary, you represent and warrant that: (i) you are a duly appointed and acting fiduciary; (ii) you have full power and authority to make this Agreement (including all requisite authorizations, waivers and consents) and to take all actions provided for in this Agreement with respect to the Account; (iii) the terms of this Agreement do not violate any provision of any statute, governing instrument, court order or other document governing your authorities and actions; and (iv) if the Account is for a trust, the trust is a domestic United States trust. You will notify us in writing when there is any change to your powers and authorities. You agree that we are authorized to honor transactions based on the current legal documentation we have on file until you provide us with new legal documentation acceptable to us and we have had a reasonable opportunity to act. We have no duty or obligation to verify or update any of your powers and authorities or to receive copies of any statute, governing instrument, court order or other documentation evidencing such powers and authorities. References to a trustee or other fiduciary in this Agreement are to the trustee or fiduciary from time to time acting on the Account.
Representations and Warranties by Xxxxxxxxx. Xxxxxx Associates, Inc. In order to induce Wasatch Pharmaceutical, Inc. to accept its Preferred Stock, Xxxxxxxxx-Xxxxxx Associates, Inc., hereby represents and warrants to Wasatch Pharmaceutical, Inc. as follows:
Representations and Warranties by Xxxxxxxxx. Developer recognizes that City intends to commence construction and expend substantial monies in reliance upon the accuracy of the representations and warranties of Developer as set forth in this Section 6. Developer represents that:
Representations and Warranties by Xxxxxxxxx. As of the Effective Date of this Agreement, Developer represents and warrants to CVEC as follows: Developer has full legal capacity to enter into this Agreement and to perform all its obligations hereunder; The execution of this Agreement has been duly authorized, and each person executing this Agreement on behalf of Developer has full authority to do so and to fully bind Developer; Developer knows of no pending or threatened action, suit, proceeding, inquiry, or investigation before or by any judicial court or administrative or law enforcement agency against or affecting Developer or its properties wherein any unfavorable decision, ruling, or finding would materially and adversely affect the validity or enforceability of this Agreement or Developer’s ability to carry out its obligations under this Agreement; None of the documents or other written or other information furnished by or on behalf of Developer to CVEC or its agents pursuant to this Agreement contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; Developer acknowledges, agrees, and intends for purposes of “safe harbor” under the Bankruptcy Code that, without limitation, as applicable: (i) the transactions pursuant to this Agreement constitute “forward contracts” within the meaning of the Bankruptcy Code or a “swap agreement” within the meaning of the Bankruptcy Code; (ii) all payments made or to be made by one Party to the other Party under this Agreement with respect to forward contracts constitute “settlement payments” and/or “margin payments” within the meaning of the Bankruptcy Code; and (iii) all transfers of performance assurance by one Party to another Party under this Agreement constitute “margin payments” within the meaning of the Bankruptcy Code; and Developer: (i) has received a copy of the Inter-Governmental PDA; (ii) agrees to comply with all of CVEC’s obligations set forth in Article III(Leased Premises) and Article IV of the Inter-Governmental PDA; (iii) has read and understood such document; and (iv) has had an adequate opportunity to ask questions regarding such document.
