Representations and warranties of the Solar Power Developer a) it is duly organized, validly existing and in good standing under the laws of India;
Representations and warranties of the Solar Power Developer a) it is duly organized, validly existing and in good standing under the laws of India;
b) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated hereby;
c) it has taken all necessary corporate and other action under Applicable Laws and its constitutional documents to authorize the execution, delivery and performance of this Agreement;
d) it has the financial standing and capacity to undertake the Project;
e) this Agreement constitutes its legal, valid and binding obligation enforceable against it in accordance with the terms hereof;
f) the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, constitute a default under or accelerate performance required by any of the terms of the Solar Power Developer's Memorandum and Articles of Association or any Applicable Laws or any covenant, agreement, understanding, decree or order to which it is a party or by which it or any of its properties or assets are bound or affected;
g) there are no actions, suits, proceedings or investigations pending or to the Solar Power Developer's knowledge threatened against it at law or in equity before any court or before any other judicial, quasi-judicial or other authority, the outcome of which may constitute Solar Power Developer Event of Default or which individually or in the aggregate may result in Material Adverse Effect;
h) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Agency which may result in Material Adverse Effect;
i) it has complied with all Applicable Laws and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have Material Adverse Effect;
j) no representation or warranty by the Solar Power Developer contained herein or in any other document furnished by it to APDCL or to any Government Agency in relation to Applicable Permits contains or will contain any untrue statement of material fact or omits or will omit to state a material fact necessary to make such representation or warranty not misleading; and
k) Without prejudice to any express provision contained in this Agreement, the Solar Power Developer acknowledges that prior to the execution of this Agreement, the Solar Power Developer has after a complete and careful e...
Representations and warranties of the Solar Power Developer. 1.87.1 The SPD hereby represents and warrants to and agrees with Xxxxxxxx as follows and acknowledges and confirms that Xxxxxxxx is relying on such representations and warranties in connection with the transactions described in this PPA.
1.87.2 The SPD has all requisite power authorising and has been duly authorised to execute and consummate this PPA;
1.87.3 This PPA is enforceable against the SPD in accordance with its terms;
1.87.4 The consummation of the transactions contemplated by this PPA on the part of the SPD will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, PPA, license, permit, evidence of indebtedness, restriction, or other contract to which the SPD is a party or to which the SPD is bound which violation, default or power has not been waived;
1.87.5 The SPD is not insolvent, and no insolvency proceedings have been instituted, or not threatened or pending by or against the SPD;
1.87.6 There are no actions, suits, claims, proceedings or investigations pending or, to the best of SPD knowledge, threatened in writing against the SPD at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgements, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this PPA.
1.87.7 The SPD makes all the representations and warranties above to be valid as on the Execution Date of the PPA.
Representations and warranties of the Solar Power Developer. The SPD represents and warrants to APDCL that:
a) it is duly organized and validly existing under the laws of India, and has full power and authority to execute and perform its obligations under this Agreement and to carry out the transactions contemplated hereby b) it has taken all necessary corporate and / or other actions under Applicable Laws to authorise the execution and delivery of this Agreement and to validly exercise its rights and perform its obligations under this Agreement
Representations and warranties of the Solar Power Developer a) it is duly organised, validly existing and in good standing under the laws of India;
b) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated hereby;
c) it has taken all necessary corporate and other action under Applicable Laws and its constitutional documents to authorise the execution, delivery and performance of this Agreement;
d) it has the financial standing and capacity to undertake the Project;
