Common use of Representations and Warranties of ET Clause in Contracts

Representations and Warranties of ET. ET hereby warrants and represents as of the Effective Date and as of the Closing Date as follows: (a) Authorization/Validity. ET is duly organized, validly existing and in good standing in the state of its formation; the execution, delivery and performance by ET of this Agreement and the transactions contemplated herein have been duly authorized by all necessary actions and do not contravene or constitute a default or require the further consent of any person under any provision of applicable law or regulation or of the organization documents of ET, or of any agreement, judgment, injunction, order, decree or other instrument binding upon ET or to which any of its properties are subject; the execution, delivery and performance by ET of this Agreement and the other agreements executed or to be executed by ET in connection with the transactions contemplated by this Agreement (the "Transaction Documents") require no action by or in respect of, or filing with, any governmental body, agency or official, and no third?party consents are required to consummate this transaction; this Agreement has been duly executed by, and constitutes a valid and binding agreement of ET enforceable in accordance with its terms (except as the same may be restricted, limited or delayed by applicable bankruptcy or other laws affecting creditor's rights generally), subject in each case to receipt of consent from ET's lenders as identified on Exhibit 5.2, and neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated herein, will constitute a default under any other agreement, License and Permit, or Legal Requirement.

Representations and Warranties of ET. ET hereby warrants and represents as of the Effective Date and as of the Closing Date as follows: (a) Authorization/Validity. ET is duly organized, validly existing and in good standing in the state of its formation; the execution, delivery and performance by ET of this Agreement and the transactions contemplated herein have been duly authorized by all necessary actions and do not contravene or constitute a default or require the further consent of any person under any provision of applicable law or regulation or of the organization documents of ET, or of any agreement, judgment, injunction, order, decree or other instrument binding upon ET or to which any of its properties are subject; the execution, delivery and performance by ET of this Agreement and the other agreements executed or to be executed by ET in connection with the transactions contemplated by this Agreement (the "Transaction Documents") require no action by or in respect of, or filing with, any governmental body, agency or official, and no third?party consents are required to consummate this transaction; this Agreement has been duly executed by, and constitutes a valid and binding agreement of ET enforceable in accordance with its terms (except as the same may be restricted, limited or delayed by applicable bankruptcy or other laws affecting creditor's rights generally), subject in each case to receipt of consent from ET's lenders as identified on Exhibit 5.2, and neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated herein, will constitute a default under any other agreement, License and Permit, or Legal Requirement.

Representations and Warranties of ET. ET hereby warrants and represents as of the Effective Date and as of the Closing Date as follows: (a) Authorization/Validity. ET is duly organized, validly existing and in good standing in the state of its formation; the execution, delivery and performance by ET of this Agreement and the transactions contemplated herein have been duly authorized by all necessary actions and do not contravene or constitute a default or require the further consent of any person under any provision of applicable law or regulation or of the organization documents of ET, or of any agreement, judgment, injunction, order, decree or other instrument binding upon ET or to which any of its properties are subject; the execution, delivery and performance by ET of this Agreement and the other agreements executed or to be executed by ET in connection with the transactions contemplated by this Agreement (the "Transaction Documents") require no action by or in respect of, or filing with, any governmental body, agency or official, and no third?party third-party consents are required to consummate this transaction; this Agreement has been duly executed by, and constitutes a valid and binding agreement of ET enforceable in accordance with its terms (except as the same may be restricted, limited or delayed by applicable bankruptcy or other laws affecting creditor's rights generally), subject in each case to receipt of consent from ET's lenders as identified on Exhibit 5.2, and neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated herein, will constitute a default under any other agreement, License and Permit, or Legal Requirement.