Common use of Representations Relating to Documents and Legal Compliance Clause in Contracts

Representations Relating to Documents and Legal Compliance. Borrower represents and warrants to Silicon as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's books and records are and shall be genuine and in all respects what they purport to be. All sales and other transactions underlying or giving rise to each Account shall comply in all material respects with all applicable laws and governmental rules and regulations. To the best of Borrower's knowledge, all signatures and endorsements on all documents, instruments, and agreements relating to all Accounts are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except as enforcement may be limited by equitable principles and by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to creditors' rights generally).

Appears in 2 contracts

Samples: Loan and Security Agreement (Zhone Technologies Inc), Loan and Security Agreement (Zhone Technologies Inc)

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Representations Relating to Documents and Legal Compliance. Borrower represents and warrants to Silicon Bank as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's ’s books and records are and shall be genuine and in all respects what they purport to be. All sales and other transactions underlying or giving rise to each Account shall comply in all material respects with all applicable laws and governmental rules and regulations. To the best of Borrower's ’s knowledge, all signatures and endorsements on all documents, instruments, and agreements relating to all Accounts are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except as enforcement to the extent that the enforceability thereof may be limited by equitable principles and by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to affecting creditors' rights generallygenerally and by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 2 contracts

Samples: Loan and Security Agreement (Redback Networks Inc), Loan and Security Agreement (Redback Networks Inc)

Representations Relating to Documents and Legal Compliance. Borrower represents Borrowers, jointly and warrants severally, represent and warrant to Silicon as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's Borrowers’ books and records are and shall be genuine and in all respects what they purport to be. All sales and other transactions underlying or giving rise to each Account shall comply in all material respects with all applicable laws and governmental rules and regulations. To the best of each Borrower's ’s knowledge, all signatures and endorsements on all documents, instruments, and agreements relating to all Accounts are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except as enforcement to the extent that the enforceability thereof may be limited by equitable principles and by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to affecting creditors' rights generally)generally and by equitable principles regardless of whether enforcement is sought in equity or at law.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

Representations Relating to Documents and Legal Compliance. Borrower represents and warrants to Silicon as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts are and shall be true and correct in all material respects as of the date of such invoice, instrument, or document and all such invoices, instruments and other documents and all of Borrower's ’s books and records are and shall be genuine and in all respects what they purport to be. All sales and other transactions underlying or giving rise to each Account shall fully comply in all material respects with all applicable laws and governmental rules and regulationsregulations to the extent that such failure to comply would reasonably be expected to have a material adverse effect on Borrower. To the best of Borrower's ’s knowledge, all signatures and endorsements on all documents, instruments, and agreements relating to all Accounts are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except as enforcement may be limited by equitable principles (whether considered in a proceeding at law or in equity), and by bankruptcy, insolvency, reorganization, moratorium moratorium, or similar laws relating to creditors' creditor’s rights generally).

Appears in 1 contract

Samples: Loan and Security Agreement (Tut Systems Inc)

Representations Relating to Documents and Legal Compliance. Borrower represents and warrants to Silicon Bank as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's books and records are and shall be genuine and in all respects what they purport to be. All sales and other transactions underlying or giving rise to each Account shall comply in all material respects with all applicable laws and governmental rules and regulations. To the best of Borrower's knowledge, all signatures and endorsements on all documents, instruments, and agreements relating to all Accounts are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except as enforcement to the extent that the enforceability thereof may be limited by equitable principles and by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to affecting creditors' rights generallygenerally and by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Loan and Security Agreement (Fiberstars Inc /Ca/)

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Representations Relating to Documents and Legal Compliance. Borrower represents and warrants to Silicon Bank as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's ’s books and records are and shall be genuine and in all respects what they purport to be. All sales and other transactions underlying or giving rise to each Account shall comply in all material respects with all applicable laws and governmental rules and regulations. To the best of Borrower's ’s knowledge, all signatures and endorsements on all documents, instruments, and agreements relating to all Accounts are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except as enforcement to the extent that the enforceability thereof may be limited by equitable principles and by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws relating to affecting creditors' rights generallygenerally and by equitable principles (regardless of whether enforcement is sought in equity or at law).

Appears in 1 contract

Samples: Loan and Security Agreement (Fiberstars Inc /Ca/)

Representations Relating to Documents and Legal Compliance. Borrower represents and warrants to Silicon Greyrock as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Accounts Receivables are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's books and records are and shall be genuine and in all respects what they purport to be, and all signatories and endorsers have the capacity to contract. All sales and other transactions underlying or giving rise to each Account Receivable shall comply in all material respects with all applicable laws and governmental rules and regulations. To the best of Borrower's knowledge, all All signatures and endorsements indorsements on all documents, instruments, and agreements relating to all Accounts Receivables are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms (except terms, except, as enforcement the enforceability may be limited by equitable principles and by (i) bankruptcy, reorganization, moratorium, insolvency, reorganization, moratorium or similar other laws of general application relating to or affecting the enforcement of creditors' rights generally)or (ii) the exercise of judicial discretion in accordance with general principles of equity.

Appears in 1 contract

Samples: Loan and Security Agreement (Greenfield Online Inc)

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