Warranties of Merchant. Merchant represents and warrants to Bank and Company at the time of execution and during the term of this Agreement the following: (a) All information contained in the Merchant Application or any other documents delivered to Bank or Company is true and complete and properly reflects Merchant’s business, financial condition, and principal partners, owners, or officers.
Warranties of Merchant. Merchant hereby represents and warrants to Servicers at the time of submission of the Merchant Application and during the term of this Agreement that:
(a) All information contained in the Merchant Application or any other documents delivered to or on behalf of Servicers in connection therewith is true and complete and accurately reflects Merchant’s business, financial condition and principal partners, owners or officers.
(b) Merchant is duly organized and in good standing under the laws of the jurisdiction of its organization, and is duly qualified to conduct business in each jurisdiction where failure to do so would have a material adverse effect on its business.
(c) Merchant has the power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, constitutes a valid and binding obligation of Merchant and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject.
(d) Merchant has all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so.
(e) There is no action, suit or proceeding at law or in equity now pending or to Merchant’s knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations.
(f) Unless Merchant notifies Servicers in writing (either on the Merchant Application or otherwise) and is approved by Servicers, no other processing relationship for any of the services offered by Servicers under this Agreement may exist between Merchant and another Card processing institution, for any business owned or operated by Merchant.
(g) (i) the taxpayer identification number (“TIN”) provided on the Merchant Application is Merchant’s true and correct TIN; (ii) Merchant is not subject to backup withholding because (a) Merchant is exempt from backup withholding, (b) Merchant has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Merchant that it is no longer subject to backup withholding, and (iii) Merchant is a citizen of the United States of America (“U.S.”) or other U.S. person. (For federal tax purposes, Merchant is considered a U.S. person if Merchant is: an individual who is a U.S. citizen, or U.S. resident alien, partnership, corporation, company or associati...
Warranties of Merchant. Merchant represents and warrants to Bank and NMS at the time of execution and during the term of this Agreement the following:
Warranties of Merchant. Merchant represents and warrants to Service Provider at the time of execution and during the term of this Agreement the following: (a) All information contained in the Merchant Application or any other documents delivered to Service Provider in connection herewith and therewith is true and complete and properly reflects Merchant’s business, financial condition, and principal partners, owners or officers. (b) Merchant is a Corporation, Limited Liability Company, Partnership, Sole Proprietorship or other legitimate and legally organized organization validly existing and organized in the United States.
Warranties of Merchant. Merchant represents and warrants to Service Provider at the time of execution and during the T erm: (a) All information contained in the Application or any other documents delivered to Service Provider in connection herewith and therewith is true and complete and properly reflects Merchant’s business, financial condition, and principal partners, owners or officers.
Warranties of Merchant. Merchant represents and warrants to Bank an d C om p an y at the time of execution and during the term of this Agreement the following: (a) All information contained in the Merchant Application or any other documents delivered to Bank and Company in connection herewith and therewith is true and complete and properly reflects Merchant’s business, financial condition, and principal partners, owners or officers. (b) Merchant is a Corporation, Limited Liability Company, Partnership, Sole Proprietorship or other legitimate and legally organized organization validly existing and organized in the United States.
Warranties of Merchant. Merchant hereby provides the following warranties to Bank and BCC: (a) All information contained in the Merchant Application or any other documents delivered to Bank and /or BCC in connection therewith is true and complete and properly reflects Merchant’s business, financial condition and principal partners, owners or officers.
Warranties of Merchant. Merchant hereby provides the following warranties to RMS at the time of execution and during the term of this Agreement that:
(a) All information contained in the Merchant Application or any other documents delivered to RMS in connection therewith is true and complete and properly reflects Merchant’s business, financial condition, and principal partners, owners or officers.
(b) Merchant has the power to execute, deliver, and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject.
(c) Merchant has all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so.
(d) There is no action, suit or proceeding at law or in equity now pending or to Merchant’s knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations.
(e) Each Sales Draft presented to RMS’s Bank for collection is genuine and is not the result of any fraudulent transaction or telemarketing sale or is not being deposited on behalf of any business other than Merchant. Further, Merchant warrants that each Sales Draft is the result of a bona fide Card Transaction for the purchase of goods or services by the Cardholder in the total amount stated on the Sales Draft.
(f) Merchant has performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction evidenced thereby.
(g) Merchant has complied with RMS ’s procedures accepting Cards, and the Card Transaction itself shall not involve any element of credit for any other purposes other than as set forth in this Agreement and shall not be subject to any defense, dispute, offset or counter claim which may be raised by any Cardholder under the rules, the Consumer Credit Protection Act (15 USC 1601) or other relevant state or federal statutes or regulations.
(h) Merchant warrants that any Credit Voucher, which it issues represent a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted.
(i) Unless Merchant notifies RMS in writing (either on the Merchant Application or otherwise), no other processing relationship exists between Merchant and another Bankcard processing institution, for this, or any other business run or owned by Merchant.
Warranties of Merchant. Merchant represents and warrants to Bank at the time of execution and during the term of this Agreement the following:
Warranties of Merchant. Merchant represents and warrants to ISO at the time of execution and during the term of this Agreement the following: (a) All information contained in the Merchant Application or any other documents
