Representations and Warranties of the Applicant. The Applicant represents and warrants the following, all of which shall survive the Closing:
a. The Applicant is a corporation organized, existing, and in good standing under the laws of Nebraska. The Applicant has full power and authority to enter into this Agreement and carry out the transactions contemplated by this Agreement. The Applicant’s execution, delivery and performance of this Agreement have been authorized by all necessary action on the part of the Applicant. This Agreement, and each agreement and instrument delivered by the Applicant pursuant to it, is the legal and binding obligation of the Applicant, enforceable against the Applicant in accordance with its terms.
b. No representation or warranty made by the Applicant in this Agreement contains or will contain any untrue statement of any material fact, or omits or will fail to state any material fact known to the Applicant that are required to make the statements not misleading.
c. The execution and performance of this Agreement will not violate any provision of law, or conflict with or result in any breach of any of the terms or conditions of, or constitute a default under any indenture, mortgage, agreement or other instrument to which the Applicant is a party or by which they are bound. All representations and warranties made by the Applicant shall survive the Loan Closing.
Representations and Warranties of the Applicant. Upon the date hereof, the Applicant makes to Citibank the representations and warranties set forth in Article IV of the Credit Agreement with each reference therein to “this Agreement”, “the Credit Documents”, “hereunder”, “hereof” and words of like import referring to the Credit Agreement being deemed to be a reference to this Agreement. In addition, each request by the Applicant for an amendment to this Agreement or for the issuance of a Credit or for any amendment to any Credit shall constitute the Applicant’s representation and warranty that such representations and warranties are true and correct in all material respects as if made on the date of such request.
Representations and Warranties of the Applicant. The Applicant hereby represents and warrants as follows to the IESO and acknowledges and confirms that the IESO is relying on such representations and warranties without independent inquiry (save and except for any testing or inspection that the IESO may have participated in) (i) to ascertain whether the Applicant satisfies the requirements for authorization as a market participant and/or registration with the IESO as a program participant; (ii) to ascertain whether the Applicant is ready and able to participate in the IESO-administered markets and/or programs, and, where applicable, to cause or permit electricity to be conveyed into, through or out of the IESO-controlled grid; and (iii) to authorize the Applicant as a market participant and/or program participant under the market rules:
4.2.1 it is a duly and existing under the laws of ;
4.2.2 it has all the necessary corporate power to enter into and perform its obligations under this Agreement;
4.2.3 the execution, delivery and performance of this Agreement by it has been duly authorized by all necessary corporate and/or governmental action and in the Applicant's good faith belief and after making reasonable inquiry does not (or would not with the giving of notice, the lapse of time or the happening of any other event or condition) result in a violation or a breach of or a default under or give rise to a right of termination, greater rights or increased costs, amendment or cancellation or the acceleration of any obligation under (i) any charter or by-law instruments of the Applicant; (ii) any contracts or instruments to which the Applicant is a party or by which the Applicant is bound; or (iii) any laws applicable to it;
4.2.4 the individual(s) executing this Agreement, and any document in connection herewith, on behalf of the Applicant have been duly authorized to execute this Agreement and have the full power and authority to bind the Applicant; INFORMATION ONLY
4.2.5 this Agreement constitutes a legal and binding obligation on the Applicant, enforceable against the Applicant in accordance with its terms;
4.2.6 except for authorization as a market participant and/or registration as a program participant, and registration of any of its facilities or boundary entities by the IESO pursuant to the market rules, as applicable, it holds all permits, licenses and other authorizations that may be necessary to enable it to carry on the business and perform the functions and obligations of a market participant ...
Representations and Warranties of the Applicant. To induce the Bank to enter into this Agreement, the Applicant hereby represents and warrants to the Bank as follows:
Representations and Warranties of the Applicant. The Applicant represents and warrants that
Representations and Warranties of the Applicant. 1. The Applicant hereby represents as follows:
(i) It is an enterprise legal person duly established and validly existing in accordance with the PRC Law. All necessary approvals have been obtained from government authorities and are sufficient and effective.
(ii) It has completed all approval procedures as required by the company for the execution and performance of this Contract, and has obtained sufficient authorization. The issuance of L/C hereunder does not result in any breach of any contract or agreement with any third party to which it is a party or any letter of commitment or guarantee made by it unilaterally.
(iii) Upon execution by the parties hereto, this Contract shall become legal, valid and binding on the parties hereto. The issuance of L/C to the Applicant hereunder does not violate any law, regulation, rule or government approval document of the People’s Republic of China.
(iv) Except as set forth in any previous written notice executed by the parties to this Contract to the Issuing Bank hereunder, there are no litigations or suits pending against (or to the knowledge of the Applicant, threatened against) the Applicant or affecting the Applicant which could affect its ability to perform this Contract before any court, arbitration organization or government administrative authority.
(v) The relevant information provided by the Applicant to the Issuing Bank in the course of the negotiation and execution of this Contract, is true, correct and sufficient, and does not omit any misleading material fact or content.
(vi) To the knowledge of the Applicant or as foreseen by the Applicant, there are no fact that has not been disclosed to the issuing Bank in writing which may affect its ability to perform this Contract.
(vii) The audited financial statements provided by the Applicant to the Issuing Bank are true and accurately reflect its current financial and tax condition, with no material adverse change.
(viii) Except as set forth in any previous executed written notice to the Issuing Bank hereunder, there has been no event of default under any contract or agreement with any third party to which it is a party (including this Contract) or any letter of commitment or guarantee made by it unilaterally which could affect its ability to repay the debts.
(ix) The Applicant hereby undertakes and confirms: upon its receipt of the claims documents set forth in the standby L/C as provided by the beneficiary of the L/C, the Issuing Bank will exercise its abso...
Representations and Warranties of the Applicant. The Applicant represents and warrants the following, all of which shall survive the Closing:
a. The Applicant is a limited liability company organized, existing, and in good standing under the laws of Delaware and is authorized to do business in Nebraska. The Applicant has full power and authority to enter into this Agreement and carry out the transactions contemplated by this Agreement. The Applicant’s execution, delivery and performance of this Agreement have been authorized by all necessary action on the part of the Applicant. This Agreement, and each agreement and instrument delivered by the Applicant pursuant to it, is the legal and binding obligation of the Applicant, enforceable against the Applicant in accordance with its terms.
b. No representation or warranty made by the Applicant in this Agreement contains or will contain any untrue statement of any material fact, or omits or will fail to state any material fact known to the Applicant that are required to make the statements not misleading.
c. The execution and performance of this Agreement will not violate any provision of law, or conflict with or result in any breach of any of the terms or conditions of, or constitute a default under any indenture, mortgage, agreement or other instrument to which the Applicant is a party or by which they are bound. All representations and warranties made by the Applicant shall survive the Loan Closing.
Representations and Warranties of the Applicant. The Applicant hereby represents and warrants as follows to NSPSO and acknowledges and confirms that NSPSO is relying on such representations and warranties without independent inquiry to ascertain whether the Applicant satisfies the requirements for Accreditation as a Market Participant under the Market Rules; and to authorize the Applicant as an Accredited Market Participant under the Market Rules:
(a) it is a [form of business organization] duly [incorporated/formed/registered] an existing under the laws of [location];
(b) it has all the necessary corporate power to enter into and perform its obligations under this Agreement;
Representations and Warranties of the Applicant. The Applicant represents and warrants the following, all of which shall survive the Closing:
a. The Applicant has full power and authority to enter into this Agreement and carry out the transactions contemplated by this Agreement. This Agreement, and each agreement and instrument delivered by the Applicant pursuant to it, is the legal and binding obligation of the Applicant, enforceable against the Applicant in accordance with its terms.
b. No representation or warranty made by the Applicant in this Agreement contains or will contain any untrue statement of any material fact, or omits or will fail to state any material fact known to the Applicant that are required to make the statements not misleading.
c. The execution and performance of this Agreement will not violate any provision of law, or conflict with or result in any breach of any of the terms or conditions of, or constitute a default under any agreement or instrument to which the Applicant is a party or by which it is bound.
d. The Applicants principal source of revenue is from the manufacturing or the sales of services in interstate commerce. All representations and warranties made by the Applicant shall survive the Closing.
Representations and Warranties of the Applicant. The Applicant represents and warrants the following, all of which shall survive the Closing:
a. The Applicant is a limited liability company organized, existing, and in good standing under the laws of Nebraska. The Applicant has full power and authority to enter into this Agreement and carry out the transactions contemplated by this Agreement.
b. The Applicant is engaged in the hotel business. A portion of its business includes renting rooms to persons who are not residents of Nebraska.
c. No representation or warranty made by the Applicant in this Agreement contains or will contain any untrue statement of any material fact, or omits or will fail to state any material fact known to the Applicant that are required to make the statements not misleading.
