Common use of Representations, Guarantees and Warranties of Both Parties Clause in Contracts

Representations, Guarantees and Warranties of Both Parties. 5.1 Both parties shall represent and guarantee to the other party respectively: (a) The party is a legal person legally established and effectively subsists. It has obtained all government approvals, qualifications, licenses etc. for conducting relevant businesses in accordance with relevant and applicable laws and shall be entitled to sign this Agreement and perform the obligations hereunder. The board of directors or other similar power authorities of the party has formally and effectively taken all necessary measures or other actions to approve the signing, submission and performance of this Agreement. This Agreement shall be effective and have binding effects over both parties after coming into effect and can enforce against the other party in accordance with the provisions of this Agreement. (b) The signing, submission and performance of this Agreement: (i) shall not have conflicts with the following documents, breach their provisions or breach the following documents after receiving relevant notices or with the passage of time: (A) its business license, articles of association, approvals, government approvals on its establishment, agreements in relation to its establishment or any other guidance documents, (B) any PRC Laws or other laws and regulations having binding effects on it, (C) any contracts or other documents to which it is a party in question or having binding effects on it or its assets; (ii) shall not cause its assets to have any mortgages or other encumbrances or make any third parties to be entitled to set any mortgages or encumbrances on its assets; (iii) shall not result in the termination or modification to the provisions of any contracts or other documents to which it is a party in question or having binding effects on it or its assets or cause any other third parties to be entitled to terminate or modify the provisions of such documents; (iv) shall not result in the suspension, revoking, damage, confiscation or unrenewablity upon expiry of any government approvals, licenses, registration etc. applicable to it; (c) There are no happened or pending lawsuits, arbitrations or other judicial or administrative procedures affecting the ability of the party in performing the obligations hereunder and to its knowledge, no one threat to take the foregoing actions; and (d) The party has disclosed all contracts, government approvals or licenses possibly having significant and adverse effects on its ability in full performance of the obligations hereunder or other documents to which it is a party in question or having binding effects on it or its assets to the other party and there are no untrue statements or the omission of any important statements in the documents previously provided to the other party by it. 5.2 Beijing Jinfu shall make the following further warranties to Wanchi Technology: (a) Beijing Jinfu shall pay the Service Fees to Wanchi Technology in time and in full in accordance with the provisions hereof.

Appears in 1 contract

Samples: Exclusive Management and Consultation Service Agreement

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Representations, Guarantees and Warranties of Both Parties. 5.1 Both parties shall represent and guarantee to the other party respectively: (a) The party is a legal person legally established and effectively subsists. It has obtained all government approvals, qualifications, licenses etc. for conducting relevant businesses in accordance with relevant and applicable laws and shall be entitled to sign this Agreement and perform the obligations hereunder. The board of directors or other similar power authorities of the party has formally and effectively taken all necessary measures or other actions to approve the signing, submission and performance of this Agreement. This Agreement shall be effective and have binding effects over both parties after coming into effect and can enforce against the other party in accordance with the provisions of this Agreement. (b) The signing, submission and performance of this Agreement: (i) shall not have conflicts with the following documents, breach their provisions or breach the following documents after receiving relevant notices or with the passage of time: (A) its business license, articles of association, approvals, government approvals on its establishment, agreements in relation to its establishment or any other guidance documents, (B) any PRC Laws or other laws and regulations having binding effects on it, (C) any contracts or other documents to which it is a party in question or having binding effects on it or its assets; (ii) shall not cause its assets to have any mortgages or other encumbrances or make any third parties to be entitled to set any mortgages or encumbrances on its assets; (iii) shall not result in the termination or modification to the provisions of any contracts or other documents to which it is a party in question or having binding effects on it or its assets or cause any other third parties to be entitled to terminate or modify the provisions of such documents; (iv) shall not result in the suspension, revoking, damage, confiscation or unrenewablity upon expiry of any government approvals, licenses, registration etc. applicable to it; (c) There are no happened or pending lawsuits, arbitrations or other judicial or administrative procedures affecting the ability of the party in performing the obligations hereunder and to its knowledge, no one threat to take the foregoing actions; and (d) The party has disclosed all contracts, government approvals or licenses possibly having significant and adverse effects on its ability in full performance of the obligations hereunder or other documents to which it is a party in question or having binding effects on it or its assets to the other party and there are no untrue statements or the omission of any important statements in the documents previously provided to the other party by it. 5.2 Beijing Jinfu Jinxi shall make the following further warranties to Wanchi Technology: (a) Beijing Jinfu Jinxi shall pay the Service Fees to Wanchi Technology in time and in full in accordance with the provisions hereof.

Appears in 1 contract

Samples: Exclusive Management and Consultation Service Agreement

Representations, Guarantees and Warranties of Both Parties. 5.1 Both parties shall represent and guarantee to the other party respectively: (a) The party is a legal person legally established and effectively subsists. It has obtained all government approvals, qualifications, licenses etc. for conducting relevant businesses in accordance with relevant and applicable laws and shall be entitled to sign this Agreement and perform the obligations hereunder. The board of directors or other similar power authorities of the party has formally and effectively taken all necessary measures or other actions to approve the signing, submission and performance of this Agreement. This Agreement shall be effective and have binding effects over both parties after coming into effect and can enforce against the other party in accordance with the provisions of this Agreement. (b) The signing, submission and performance of this Agreement: (i) shall not have conflicts with the following documents, breach their provisions or breach the following documents after receiving relevant notices or with the passage of time: (A) its business license, articles of association, approvals, government approvals on its establishment, agreements in relation to its establishment or any other guidance documents, (B) any PRC Laws or other laws and regulations having binding effects on it, (C) any contracts or other documents to which it is a party in question or having binding effects on it or its assets; (ii) shall not cause its assets to have any mortgages or other encumbrances or make any third parties to be entitled to set any mortgages or encumbrances on its assets; (iii) shall not result in the termination or modification to the provisions of any contracts or other documents to which it is a party in question or having binding effects on it or its assets or cause any other third parties to be entitled to terminate or modify the provisions of such documents; (iv) shall not result in the suspension, revoking, damage, confiscation or unrenewablity upon expiry of any government approvals, licenses, registration etc. applicable to it; (c) There are no happened or pending lawsuits, arbitrations or other judicial or administrative procedures affecting the ability of the party in performing the obligations hereunder and to its knowledge, no one threat to take the foregoing actions; and (d) The party has disclosed all contracts, government approvals or licenses possibly having significant and adverse effects on its ability in full performance of the obligations hereunder or other documents to which it is a party in question or having binding effects on it or its assets to the other party and there are no untrue statements or the omission of any important statements in the documents previously provided to the other party by it. 5.2 Beijing Jinfu Jinshou shall make the following further warranties to Wanchi Technology: (a) Beijing Jinfu Jinshou shall pay the Service Fees to Wanchi Technology in time and in full in accordance with the provisions hereof.

Appears in 1 contract

Samples: Exclusive Management and Consultation Service Agreement

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Representations, Guarantees and Warranties of Both Parties. 5.1 Both parties shall represent and guarantee to the other party respectively: (a) The party is a legal person legally established and effectively subsists. It has obtained all government approvals, qualifications, licenses etc. for conducting relevant businesses in accordance with relevant and applicable laws and shall be entitled to sign this Agreement and perform the obligations hereunder. The board of directors or other similar power authorities of the party has formally and effectively taken all necessary measures or other actions to approve the signing, submission and performance of this Agreement. This Agreement shall be effective and have binding effects over both parties after coming into effect and can enforce against the other party in accordance with the provisions of this Agreement. (b) The signing, submission and performance of this Agreement: (i) shall not have conflicts with the following documents, breach their provisions or breach the following documents after receiving relevant notices or with the passage of time: (A) its business license, articles of association, approvals, government approvals on its establishment, agreements in relation to its establishment or any other guidance documents, (B) any PRC Laws or other laws and regulations having binding effects on it, (C) any contracts or other documents to which it is a party in question or having binding effects on it or its assets; (ii) shall not cause its assets to have any mortgages or other encumbrances or make any third parties to be entitled to set any mortgages or encumbrances on its assets; (iii) shall not result in the termination or modification to the provisions of any contracts or other documents to which it is a party in question or having binding effects on it or its assets or cause any other third parties to be entitled to terminate or modify the provisions of such documents; (iv) shall not result in the suspension, revoking, damage, confiscation or unrenewablity upon expiry of any government approvals, licenses, registration etc. applicable to it; (c) There are no happened or pending lawsuits, arbitrations or other judicial or administrative procedures affecting the ability of the party in performing the obligations hereunder and to its knowledge, no one threat to take the foregoing actions; and (d) The party has disclosed all contracts, government approvals or licenses possibly having significant and adverse effects on its ability in full performance of the obligations hereunder or other documents to which it is a party in question or having binding effects on it or its assets to the other party and there are no untrue statements or the omission of any important statements in the documents previously provided to the other party by it. 5.2 Beijing Jinfu Jinlu shall make the following further warranties to Wanchi Technology: (a) Beijing Jinfu Jinlu shall pay the Service Fees to Wanchi Technology in time and in full in accordance with the provisions hereof.

Appears in 1 contract

Samples: Exclusive Management and Consultation Service Agreement

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