Representations and Warranties of SMC. SMC represents and warrants that: (a) SMC has been in, and shall continue to be in compliance in all material respects with all provisions of law, including Section 17A(c) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), required in connection with the performance of its duties under this Agreement; (b) the various procedures and systems which SMC has implemented with regard to safekeeping from loss or damage attributable to fire, theft or any other cause of the blank checks, records, and other data of the Company and SMC's records, data, equipment, facilities and other property used in the performance of its obligations hereunder are adequate and that it will make such changes therein from time to time as are reasonably required for the secure performance of its obligations hereunder; and (c) this Agreement has been duly authorized by SMC and, when executed and delivered by SMC, will constitute a legal, valid and binding obligation of SMC, enforceable against SMC in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the right and remedies of creditors and secured parties. Except as expressly provided in this agreement, all representations and warranties, including, without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (irrespective of any course of dealing, custom or usage of trade) concerning the services or any goods provided incidental to the services provided under this agreement by SMC are completely disclaimed.
Representations and Warranties of SMC. SMC represents and warrants to ACM as follows:
Representations and Warranties of SMC. SMC hereby represents and warrants to Savers as follows:
Representations and Warranties of SMC. SMC represents and warrants to each of ACM and ACM Shanghai as follows:
Representations and Warranties of SMC. AND THE TRANSFERORS SMC and the Transferors, jointly and severally, represent, warrant and covenant that:
Representations and Warranties of SMC a. SMC is duly organized, validly existing and in good standing as a corporation under the laws of the State of Georgia and is duly qualified to transact business is or will be in compliance with the laws of each jurisdiction in which SMC does business, except where such qualification is not required or where the failure to be so qualified or remain in good standing would not have a Material Adverse Effect upon SMC or SMC's ability to perform its obligations hereunder.
Representations and Warranties of SMC. SMC hereby represents and warrants to the Company as follows:
Representations and Warranties of SMC. (a) SMC is a corporation validly existing under the laws of the Commonwealth of Kentucky and has all power and authority to own or lease its properties and to carry on its business where such properties are located and such business is conducted.
