REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global covenants, represents and warrants to Modular that:
a. It is on the date of this Agreement, and will be on the Effective Date, (a) a corporation duly organized and existing and in good standing under the laws of the jurisdiction of the State of Nevada, (b) duly authorized under its articles, and under applicable laws, to engage in the business carried on by it, and (c) it is fully qualified to do business in the State of California;
b. Its Board of Directors and its shareholders have authorized and approved the execution and delivery of this Agreement, and the performance of the transactions contemplated by this Agreement, and is a legal, valid, and binding obligation of the company, and is enforceable in accordance with its terms and conditions.
c. It has complied with, and is not in violation of any applicable Federal, State, or local statutes, laws, and regulations affecting its properties or the operation of its business.
d. The execution and delivery of this Agreement and its performance in the time and manner contemplated will not cause, constitute, or conflict with, or result in any of the following: (1) a breach or violation of any provisions of or constitute a default under any license, indenture, mortgage instrument, article of incorporation, bylaw, other agreement or instrument to which the company is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those required or (2) any event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the company.
e. It will use its best efforts to collect the accounts receivable owned by it and will follow its past practices in connection with the extension of any credit prior to the Effective Date;
f. All fixed assets owned by it and employed in its business are of the type, kind and condition appropriate for its business and will be operated in the ordinary course of business until the Effective Date;
g. It has not been represented by any broker in connection with the transaction contemplated, except as it has advised Global in writing;
h. It is a fully reporting company under the Securities Exchange Act of 1934, and is current in all its reporting requirements;
i. Its common stock is listed and trading on the Over the Counted Bulletin Board (under the trading symbol "GFDO") and no restrictions have been imposed on the trading of these shares by the National ...
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global hereby represents and warrants to the Plaintiffs as follows:
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global represents and warrants to Holdings that:
REPRESENTATIONS AND WARRANTIES OF GLOBAL. As a material inducement to Erekesef to enter into and execute this Agreement and to perform its covenants, agreements, duties and obligations hereunder, and in consideration therefor, Global hereby makes the following representations and warranties (as used in this Section 2 the term "Global" shall be deemed to refer also to any Subsidiary of Global (as defined in Section 2.3)).
REPRESENTATIONS AND WARRANTIES OF GLOBAL. The Global represents and warrants as follows:
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global hereby represents and warrants as of the date hereof to U S WEST as follows:
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global represents and warrants to the Company, Western Land JV and Western Water as follows:
A. Global is a corporation duly organized, validly existing and in good standing under the laws of Ontario, Canada, with all requisite power and authority to enter into this Agreement and to conduct the business of the Company as contemplated by this Agreement.
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Except as set forth in the disclosure letter delivered to Santa Fe by Global at or prior to the execution hereof (the "Global Disclosure Letter") and making reference to the particular subsection of this Agreement to which exception is being taken, Global represents and warrants to Santa Fe, Sub and Merger Sub that:
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global represents and warrants to Qwest as of the date hereof that:
REPRESENTATIONS AND WARRANTIES OF GLOBAL. Global and Shareholders hereby jointly and severally represent and warrant to ATDH as follows:
