WARRANTIES AND COVENANTS 6. 1 Warranties (a) Xxxxxxx warrants and represents to the Parties that: (i) he is the legal and beneficial owner of the Xxxxxxx ETQ Shares, and all such Xxxxxxx ETQ Shares are free of all Encumbrances; (ii) he has the legal right and full power and authority to execute and deliver, and to exercise his rights and perform his obligations under this Agreement, and further that this Agreement constitutes a valid, legally binding and enforceable obligation on him in accordance with its terms; and (iii) this Agreement constitutes, and the documents, if any, referred to in this Agreement which are to be executed by him, when executed, will constitute, valid and binding agreements enforceable in accordance with their respective terms. (b) Each of TRGI, ETQ and FM respectively warrant and represent to each of the Parties that: (i) each is a company duly incorporated and validly existing under the laws of its incorporation or, if applicable, continuation, and has the power to own its assets and carry on its business as it is being conducted;
