REPRESENTATIONS AND WARRANTIES OF ATS. 9 4.1 Organization and Business; Power and Authority; Effect of Transaction..................9 4.2 Broker or Finder......................................................................10 4.3 Solvency..............................................................................10 4.4
REPRESENTATIONS AND WARRANTIES OF ATS. ATS represents, warrants and covenants to, and agrees with, Seller as follows:
REPRESENTATIONS AND WARRANTIES OF ATS. ATS represents, warrants and covenants to, and agrees with, Meridian as follows:
REPRESENTATIONS AND WARRANTIES OF ATS. ATS represents, warrants and covenants to, and agrees with, Diablo as follows:
REPRESENTATIONS AND WARRANTIES OF ATS. ATS hereby represents and warrants to ATC as follows (it being understood and agreed by the parties that, except as the context otherwise requires, the representations and warranties of ATS set forth in this Article shall apply to each of its Subsidiaries with the same force and effect as though each of them were named in each Section hereof):
REPRESENTATIONS AND WARRANTIES OF ATS. As a material inducement to the Purchasers to enter into this Agreement and purchase the Subject Shares, ATS hereby makes the following representations and warranties to each of the Purchasers.
REPRESENTATIONS AND WARRANTIES OF ATS. 16 5.1 Organization and Business; Power and Authority; Effect of Transaction.................16 5.2
REPRESENTATIONS AND WARRANTIES OF ATS. ATS represents, warrants and covenants to, and agrees with, CSD as follows:
REPRESENTATIONS AND WARRANTIES OF ATS. ATS represents, warrants and covenants to, and agrees with, DBC as follows:
REPRESENTATIONS AND WARRANTIES OF ATS. ATS represents and warrants to the Trust that:
3.01. It is a corporation duly organized and existing and in good standing under the laws of Delaware.
3.02. It is duly qualified to carry on its business in all jurisdictions where such qualification is required.
3.03. It is empowered under applicable laws and by its charter and bylaws to enter into and perform this Agreement.
3.04. All requisite corporate proceedings have been taken to authorize it to enter into and perform this Agreement.
3.05. It has and will continue to have access to the necessary facilities, equipment and personnel to perform its duties and obligations under this Agreement.
3.06. It is and will continue to be registered with the Securities and Exchange Commission as a transfer agent in accordance with Section 17A(c) and (d) of the Securities Exchange Act of 1934 and the rules thereunder.