Warranties by the parties. Each party warrants to the others that it has the requisite power to enter into this Agreement from the Execution Date.
Warranties by the parties. (i) Each of the parties warrants that it has the power to enter into this Contract and has obtained all necessary resolutions and approvals to do so.
(ii) The Purchaser warrants that:
1. When entering into this Contract, it is not acting as the agent of any other person, company or other organization; and
2. The Goods will not be used by the Purchaser for personal, domestic or household purposes.
Warranties by the parties. The parties warrant in favour of each other that:
33.1 they the legal capacity and all necessary approvals required to empower and authorize them to enter into this agreement and that such approvals pre-date of signature of this agreement by both parties; and
33.2 they are not aware of the existence of any fact or circumstance that may impair their ability to comply with all of their obligations in terms of this agreement.
Warranties by the parties. 21.1 Each of the Parties warrants, represents and undertakes severally to the others that:
(a) in the event it is a company, it is and will remain validly incorporated or established in terms of the relevant legislation in the jurisdiction in which it is incorporated or established;
(b) it has the requisite power, authority and resources to enter into, to perform its obligations under and to carry out the transactions contemplated in this Agreement;
(c) it has and will continue to have the necessary legal capacity to enter into and perform each of its obligations under this Agreement and has taken all necessary corporate steps and/or has complied with its own internal procedures to authorise the execution and performance of this Agreement;
(d) the execution of and performance by it of its obligations under this Agreement:
(i) does not contravene any law or regulation to which it is subject;
(ii) does not contravene any provision of its founding or governing documents; and
(iii) will not conflict with, or result in a breach of any of the terms of, or constitute a default under any agreement or other instrument to which it is a party or is subject;
(e) it will have all necessary consents, licenses and approvals required in connection with the entry into and performance of its obligations under this Agreement; and
(f) the terms of this Agreement are and will remain legally binding on it and the exercise and performance of all rights and obligations conferred or imposed on it pursuant to this Agreement will be valid.
21.2 Time of and reliance on representations, warranties and undertakings
(a) The representations, warranties and undertakings given by the Parties in clause 21.1 above are given as at the Signature Date.
(b) Each Party:
(i) acknowledges that each representation, warranty and undertaking given by it in terms of clause 21.1 is a separate representation, warranty and undertaking which induced the other Parties to enter into this Agreement; and
(ii) acknowledges that the other Parties relied on the representations, warranties and undertakings given by it in terms of clause 21.1 in entering into this Agreement.
Warranties by the parties. (1). The Lender should wire the Loan into a bank account designated by the Borrower with the Washington Mutual Bank of Los Angles, California, United States. The bank account number is 094-440471-4.
Warranties by the parties. Each Party warrants to each other Party that:
(a) it is a company duly incorporated and validly existing under the Laws of the place of its incorporation;
(b) it enters into and performs this Agreement on its own account and not as trustee for or nominee of any other person;
(c) it has the legal right and power to enter into this Agreement and to perform its obligations under the terms of this Agreement;
(d) the execution, delivery and performance of this Agreement by it has been duly and validly authorised by all necessary corporate or other action on its part;
(e) this Agreement is a valid and binding agreement on it, enforceable in accordance with its terms;
(f) the execution and performance of this Agreement by it does not, and the other transactions contemplated by this Agreement do not, violate or conflict with or result in a breach of or constitute a default under:
(i) any Law or treaty or any judgement, ruling, order, authorisation, requirement or decree of any governmental agency binding on it;
(ii) its constitution or other constituent documents; or
(iii) any other document or agreement which is binding upon it or its assets;
(g) it has the financial capacity to perform all of its obligations under this Agreement; and
(h) to the best of its knowledge, no petition has been issued against it for winding up, no receiver, administrator, receiver and manager, official manager, liquidator or provisional liquidator has been appointed to it, no action has been taken to seize or take possession of any of its assets and there are no unsatisfied judgements against it nor has any sequestration order been made or writ of execution issued against it or any of its assets.
Warranties by the parties. Each of the Parties hereby represents and warrants to and undertakes with the others, as at the date of this Agreement, as follows:
10.1.1 that it has full power and authority to enter into and perform this Agreement and this Agreement constitutes valid and binding obligations on it, in accordance with its terms; and
10.1.2 that the execution and delivery of, and the performance by it of its obligations under this Agreement will not:
(i) result in breach of any provision of its constitutional documents;
(ii) result in a breach of any order, judgment or decree of any court, governmental agency or regulatory body to which it is a party or by which it is bound; or
(iii) result in a breach of any material agreement to which it is a party or by which it is bound.
Warranties by the parties. The parties warrant in favour of one another that –
15.1 it/he/she has the legal capacity and has all necessary approvals required to empower and authorise it to enter into this Agreement and such approvals pre-date the date of signature of this Agreement by both parties; and
15.2 it is not aware of the existence of any fact or circumstance that may impair its ability to comply with all of its obligations in terms of this Agreement; and
15.3 the natural person who signs this Agreement on behalf of any company, close corporation or trust warrants that he/she is duly authorised to so sign.
Warranties by the parties. 13.1. The Seller and the Company represent and warrant to the Purchaser that each of the warranties provided below is true and accurate in all respects and not misleading.
13.2. Each of the Seller and the Company (as may be applicable) hereby represent and warrant to the Purchaser the following:
13.2.1. It has full power and authority to enter into and perform this Agreement and all other documents executed by it (as may be required), each of which constitutes (when executed) its legal, valid and binding obligations in accordance with its respective terms.
13.2.2. The execution, delivery and performance by it of the Agreement will not result in a breach of or constitute a default under (a) any provision of its Charter Documents, (b) Law or regulation or any order, judgment or decree of any court or Governmental Authority by which it is bound, or (c) any agreement or instrument to which it is a party or by which it is bound.
13.2.3. The execution, delivery and performance by it of the Agreement will not, except as specifically provided in this Agreement, require any consent, authorisation, approval, exemption or other action by, or any filing, registration or qualification with, any Person.
13.2.4. As may be applicable they are duly incorporated and validly existing under the laws of India.
13.2.5. They shall take such further acts, execute and deliver such further instruments and documents, and generally do all such other things as may be reasonably necessary to accomplish the transactions contemplated in this Agreement.
13.2.6. There are no legal, quasi-legal, administrative, arbitration, mediation, conciliation or other proceedings, claims, actions, governmental investigations, orders, judgments or decrees of any nature made, existing, or pending or, to its best knowledge, threatened or anticipated, which may prejudicially affect the due performance or enforceability of this Agreement or any obligation, act, omission or transactions contemplated hereunder.
13.2.7. That it will comply with all applicable Laws and regulatory requirements in connection with the performance of its obligations under this Agreement, and will not do or permit anything to be done which might cause or otherwise result in a breach of this Agreement or cause any detriment to the transactions herein envisaged.
13.2.8. The Seller is the sole legal and beneficial owners of the Purchase Shares.
13.2.9. All Purchase Shares are free from any Encumbrances and there is no agreement or comm...
Warranties by the parties. (1). The Lender should wire the Loan into a bank account designated by the Borrower with the Bank of China, Hainan Branch before March 31, 1996. The bank account number is 01-02-01-2039000.