Common use of Representations and Warranties of Both Participants Clause in Contracts

Representations and Warranties of Both Participants. As of the Effective Date, each Participant warrants and represents to the other that: (a) it is a corporation duly organized and in good standing in its state of incorporation and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate, board of directors, shareholder, surface and mineral rights owner, lessor, lessee and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) it will not breach any other agreement or arrangement by entering into or performing this Agreement; (d) it is not subject to any governmental order, judgment, decree, debarment, sanction or Laws that would preclude the permitting or implementation of Operations under this Agreement; and (e) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Representations and Warranties of Both Participants. As of the Effective Date, each Participant represents and warrants and represents to the other that: (a) it is a corporation duly organized and in good standing in its state jurisdiction of incorporation and is qualified to do business and is in good standing in those states jurisdictions where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate, board of directors, shareholder, surface directors and mineral rights owner, lessor, lessee and other shareholder actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) it will not breach any other agreement or arrangement by entering into or performing this Agreement; (d) it is not subject to any governmental order, judgment, decree, debarment, sanction or Laws that would preclude the permitting or implementation of Operations under this Agreement; and (e) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Representations and Warranties of Both Participants. As of the Effective Date, each Participant represents and warrants and represents to the other that: (a) it is a corporation duly organized incorporated and in good standing in its state of incorporation and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate, board of directors, shareholder, surface and mineral rights owner, lessor, lessee lessee, regulatory and other approvals and actions required to authorize it to enter into and perform this Agreement have been properly takentaken or obtained; (c) it will not breach any other agreement or arrangement by entering into or performing this Agreement; (d) it is not subject to any governmental order, judgment, decree, debarment, sanction or Laws that would preclude the permitting or implementation of the Operations under this Agreement; and; (e) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms; and (f) it has no knowledge of any pending or threatened actions, suits, claims or other proceedings affecting the Assets.

Representations and Warranties of Both Participants. As of the Effective Date, each Participant warrants and represents to the other that: (a) it is a corporation or limited liability company duly organized and in good standing in its state of incorporation and is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate, board of directors, shareholder, surface and mineral rights owner, lessor, lessee and other approvals or other actions required to authorize it to enter into and perform this Agreement have been properly obtained or taken, as applicable; (c) it will not breach any other agreement or arrangement applicable to it by entering into or performing this Agreement; (d) it is not subject to any governmental order, judgment, decree, debarment, sanction or Laws that would preclude the permitting or implementation of Operations under this Agreement; and (e) assuming due execution and delivery of the other party hereto, this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Representations and Warranties of Both Participants. As of the Effective Date, each Participant warrants and represents to the other that: (a) it is a corporation or limited liability company, as applicable, duly organized and in good standing in its state and country of incorporation or organization and is qualified to do business and is in good standing in those countries and states where necessary in order to carry out the purposes of this Agreement; (b) it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate, board of directors, shareholder, surface and mineral rights owner, lessor, lessee and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) it will not breach any other agreement or arrangement by entering into or performing this Agreement; (d) it is not subject to any governmental order, judgment, decree, debarment, sanction or Laws that would preclude the permitting or implementation of Operations under this Agreement; and (e) this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.