THE CLIENT’S REPRESENTATIONS AND WARRANTIES Sample Clauses

THE CLIENT’S REPRESENTATIONS AND WARRANTIES. 4.1 By signing the AGREEMENT, the CLIENT agrees that: - The CLIENT is fully authorized (or will be authorized) to sign and fulfill all liabilities under this AGREEMENT or by any other agreements and applications; - The INFORMATION submitted by the CLIENT to the BANK in the form of APPLICATION or otherwise, is true, correct and complete; - By carrying out the OPERATION stipulated herein no TERMS AND CONDITIONS of other AGREEMENTs or other liabilities of the CLIENT (where applicable) or any law, provision, rule, order, judicial decision, decree, instruction, court decree or any restriction established by the state, state or regulatory, judicial or arbitration authorities to be met by the CLIENT will be breached. Carrying out the OPERATION under this AGREEMENT will not contradict or breach any agreement, contract, license or other agreement the CLIENT is a party to; - The CLIENT is not a party to or under a threat of a proceeding a result of which may affect his/her financial condition or business; - The CLIENT is not involved in or is not a party to any illegal activity (including money laundering, weapon trading, terrorism or any other illegal activity) as stipulated by any legislation of any jurisdiction (including the Georgian legislation as well as legislation of the country the CLIENT is a citizen of); 4.2 The abovementioned representations do not depend on any INFORMATION the CLIENT has a factual or other knowledge and such INFORMATION shall not restrict any claims with regard to guarantees or any indemnification under these TERMS AND CONDITIONS; 4.3 The abovementioned representations shall be valid through the end of this AGREEMENT; 4.4 The CLIENT shall ensure that the persons related to him/her (including without limitation the ADDITIONAL CARD HOLDER(s)), during the term of this AGREEMENT, will not take an action which violate the warranties included herein; 4.5 As this AGREEMENT is in effect, the CLIENT shall immediately give written notice to the BANK on any circumstances which may cause violation of the warranties made herein or which may contradict the abovementioned representations; 4.6 Where the abovementioned representations are violated (not restricting the BANK’s right to claim for damages which may be caused by such violation of these warranties), if the CLIENT is not able to eliminate the violation within ten (10) BANKING DAYS upon receipt of notification, the CLIENT agrees to indemnify and hold the BANK protected against any damages (incl...
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THE CLIENT’S REPRESENTATIONS AND WARRANTIES. 6.1. The Client has full legal capacity, power, and authority to accept and agree with this Agreement and to perform its obligations hereunder. This Agreement constitutes a valid and binding obligation of the Client, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency, or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity. 6.2. The Client has such knowledge and experience in financial and business matters that the Client is capable of evaluating the merits and risks of the provision of the Assets, and is able to bear the economic risk of any transactions indicated herein. The Client hereby has sufficient knowledge and experience in business and financial matters and is able to bear the risks thereof. The Client represents that they meet the qualifications of a “professional investor” (or any equivalent designation in the jurisdiction of the Client’s residence or domicile) as defined by the applicable legislation. The Client hereby also represents and warrants, and signature hereof constitutes a signed declaration that the Client is a qualified investor as defined under the laws of the Republic of Panama and his / her country of residence. 6.3. The Client fully and completely assumes, including, but not limited to, the risk that (i) the technology associated with API will not function as intended; (ii) the Company may be subject to investigation and punitive actions from any governmental authorities. The Client understands and expressly accepts that the Client has not relied on any representations or warranties made by the Company outside of this Agreement, including, but not limited to, conversations of any kind, whether through oral or electronic communication, or any marketing information. 6.4. By accepting this Agreement, the Client: 6.4.1. has determined that the applicable laws of its jurisdiction of the residence allow entering into this Agreement and any transactions herein and it will not result in any breach of legal requirements of the Client’s jurisdiction of residence or domicile; 6.4.2. acknowledges that entering into this Agreement involves high risks and there is a chance that the Client will lose the Assets; 6.4.3. acknowledges that the origin of the Client’s Assets including Virtual Assets used under this Agreement is legal and confirms that the provided (if any) compliance-related declarations (including, among others,...
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THE CLIENT’S REPRESENTATIONS AND WARRANTIES. 4.1. By registering an Account, the Client expressly represents and warrants that he/she: • follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services; • has accepted these Terms of Use; • is at least 18 years old and has the right to accept these Terms & Conditions and participate in transactions involving Cryptocurrencies. 4.2. The Client represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorized and have the capacity to enter into the Transactions on the Platform. 4.3. The Client represents and warrants that the funds deposited to the Account belong to the User and derived from legal sources. 4.4. The Client represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise BitandBuy does not hold any liability for the consequences of such withdrawal. 4.5. The Client represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws. 4.6. The Client understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the Client.
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THE CLIENT’S REPRESENTATIONS AND WARRANTIES. 7.1 The Client is a duly organized and validly existing legal person, has the full right, power and authority to enter into this Contract and to perform all of its obligations hereunder, and is able to be held independently accountable for civil liability. 7.2 It is the Client’s real intention to execute and perform this Contract and the Client has obtained all approvals required either by applicable laws or by its corporate bylaws for its execution and performance of this Contract, and all necessary approvals and authorizations by the regulatory authority (if any) and/or its corporate authority (board of directors, shareholders’ meeting) and there exist no flaws at law. 7.3 All documents, statements, materials and information provided by the Client to the Bank during execution and/or performance of this Contract are true, accurate, complete and valid; the Client did not hold back any information that might have an effect on its financial condition and/or ability to pay back the Debts. 7.4 The Client has the right of import and export. There are real and lawful transactions from which the letter of credit /collection arises and the imported goods specified therein are within the approved scope of business of the Client. 7.5 The Client warrants that neither its execution nor its performance of the Contract will result in a default or violation of any regulation applying to or covenant or undertaking binding to the Client or any of its assets or any agreement to which the Client is a party. 7.6 The Client hereby confirms that the documents and title to the goods under the foregoing letter of credit/collection and the rights and interests under the insurance policy are the properties of the Bank, and the Client warrants that it will go through all necessary formalities in order for the Bank to be entitled to the foregoing rights and will cause the Bank to be listed as the first beneficiary in the insurance policy. The Client shall not, without authorization by the Bank, dispose of any of the said documents and/or goods in any manner. None of the foregoing acts will result in deduction or release of or set-off against the debts owned by the Client to the Bank.
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THE CLIENT’S REPRESENTATIONS AND WARRANTIES 
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Related to THE CLIENT’S REPRESENTATIONS AND WARRANTIES

  • Client Representations and Warranties 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

  • The Company’s Representations and Warranties The Company represents and warrants to the Investor as follows:

  • Covenants, Representations and Warranties 3.1 The Borrower ratifies, confirms and reaffirms, without condition, all the terms and conditions of the Agreement and the other Loan Documents and agrees that it continues to be bound by the terms and conditions thereof as amended by this Amendment; and, the Borrower further confirms and affirms that it has no defense, set off or counterclaim against the same. The Agreement and this Amendment shall be construed as complementing each other and as augmenting and not restricting the Bank's rights, and, except as specifically amended by this Amendment, the Agreement shall remain in full force and effect in accordance with its terms. 3.2 The Borrower ratifies, confirms and reaffirms without condition, all liens and security interests granted to the Bank pursuant to the Agreement and the other Loan Documents, if any, and such liens and security interests shall continue to secure the indebtedness and obligations of the Borrower to the Bank under the Agreement, the Note and the other Loan Documents, including, but not limited to, all loans made by the Bank to the Borrower as amended by this Amendment. 3.3 The Borrower represents and warrants to the Bank that: (a) This Amendment has been duly executed and delivered by the Borrower and constitutes the legal, valid and binding obligations of the Borrower enforceable in accordance with its terms; (b) The execution and delivery of this Amendment by the Borrower and the performance and observance by the Borrower of the provisions hereof, do not violate or conflict with the organizational agreements of the Borrower or any law applicable to the Borrower or result in a breach of any provision of or constitute a default under any other agreement, instrument or document binding upon or enforceable against the Borrower; (c) The representations and warranties set forth within Article III of the Agreement continue to be true and correct in all material respects as of the date of this Amendment except those changes resulting from the passage of time; and (d) No material adverse change has occurred in the business, operations, consolidated financial condition or prospects of the Borrower since the date of the most recent annual financial statement delivered to the Bank, and no Event of Default or condition which, with the passage of time, the giving of notice or both, could become an Event of Default has occurred and is continuing. 3.4 The Borrower shall execute or cause to be executed and deliver to the Bank all other documents, instruments and agreements deemed necessary or appropriate by the Bank in connection herewith.

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