Representations and Warranties of BCC. BCC represents and warrants that (i) this Agreement constitutes a legal, valid and binding obligation of BCC, was duly authorized, executed and delivered by BCC, and is fully enforceable against BCC in accordance with its terms (except as may be limited by bankruptcy and creditor's rights laws and general principles of equity), (ii) BCC is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and is duly authorized and qualified to do all things required of it under this Agreement; (iii) neither this Agreement nor any agreement, document or instrument executed or to be executed in connection herewith, violates the terms of any other agreement to which BCC is a party and (iv) the recitals set forth above are hereby incorporated by this reference and made a part of this Agreement, and BCC represents and warrants that such recitals are true and correct. Any material breach by BCC of the representations and warranties set forth herein shall be a default under this Agreement.
Appears in 3 contracts
Samples: Working Capital Assurance Agreement (Balanced Care Corp), Working Capital Assurance Agreement (Balanced Care Corp), Working Capital Assurance Agreement (Balanced Care Corp)
Representations and Warranties of BCC. BCC represents and warrants that (i) this Agreement constitutes a legal, valid and binding obligation of BCC, was duly authorized, executed and delivered by BCC, and is fully enforceable against BCC in accordance with its terms (except as may be limited by bankruptcy and creditor's rights laws and general principles of equity), (ii) BCC is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and is duly authorized and qualified to do all things required of it under this Agreement; (iii) neither this Agreement nor any agreement, document or instrument executed or to be executed in connection herewith, violates the terms of any other agreement to which BCC is a party and (iv) the recitals set forth above are hereby incorporated by this reference and made a part of this Agreement, and BCC represents and warrants that such recitals are true and correct. Any material breach by BCC of the representations and warranties set forth herein shall be a default under this Agreement.recitals
Appears in 1 contract
Samples: Working Capital Assurance Agreement (Balanced Care Corp)
