Common use of WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS Clause in Contracts

WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS. 23.1 You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms and on each Contract Date) that: (a) all information that you supply to us is complete, true, accurate and not misleading in any material respect; (b) all sums which you send to us or are sent to us on your behalf (until these monies become due to us or are paid back to you) are and will remain owned by you and you have not created and will not create any charge or other encumbrance over or in respect of such monies. (c) If you place an FX Order with us to enter into a Forward FX Contract this will be for the purpose of facilitating a means of payment for identifiable goods and / or services or for direct investment; (d) you are acting as principal and not as another party’s agent or representative; (e) you are not prevented by any legal disability or subject to any law or regulation from performing your obligations under these Terms and any related transactions contemplated by them. (f) you have all necessary consents and have the authority to enter into an agreement under these Terms and subsequent FX Contracts and Payment Contracts and if you are a body corporate, you are properly empowered and have obtained all necessary corporate or other authority pursuant to its constitutional and organisational documents; and (g) you comply with all relevant laws, regulations, exchange control requirements and registration requirements. 23.2 You undertake to inform us with immediate effect where your beneficial ownership changes by more than 10%.

Appears in 6 contracts

Samples: Business Framework Terms, Business Framework Terms, Business Framework Terms

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WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS. 23.1 7.1 You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms this Agreement and on the date you enter into each Contract DateContract) that: (a) you are acting in the course of a business, trade or profession; (b) that you have appointed the Associated Service Provider as your agent to place orders to enter into Contracts with us and otherwise communicate with us; (c) all information that you supply to us is complete, true, accurate and not misleading in any material respect; (bd) all sums which you send to us or are sent to us on your behalf (until these monies become due to us or are paid back to you) are and will remain owned by you and you have not created and will not create any charge or other encumbrance over or in respect of such monies. (c) If you place an FX Order with us to enter into a Forward FX Contract this will be for the purpose of facilitating a means of payment for identifiable goods and / or services or for direct investment; (d) you are acting as principal and not as another party’s agent or representative; (e) you are not prevented by any legal disability or subject to any law or regulation from performing your obligations under these Terms this Agreement and any related transactions contemplated by them.; (f) you have all necessary consents and have the authority to enter into an agreement under these Terms this Agreement and subsequent FX Contracts and Payment Contracts and if you are a body corporate, you are properly empowered and have obtained all necessary corporate or other authority pursuant to its constitutional and organisational documents; and; (g) you comply with all relevant laws, regulations, exchange control requirements and registration requirements. 23.2 7.2 You undertake to inform us with immediate effect effect, if you are a corporation, where your beneficial ownership of your corporation changes by more than 10%.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS. 23.1 17.1 You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms this Agreement and on each Contract Date) that: (a) you are acting in the course of a business, trade or profession; (b) all information that you supply to us is complete, true, accurate and not misleading in any material respect; (bc) all sums which you send to us or are sent to us on your behalf (until these monies become due to us or are paid back to you) are and will remain owned by you and you have not created and will not create any charge or other encumbrance over or in respect of such monies. (c) If you place an FX Order with us to enter into a Forward FX Contract this will be for the purpose of facilitating a means of payment for identifiable goods and / or services or for direct investment; (d) you are acting as principal and not as another party’s agent or representative; (e) you are not prevented by any legal disability or subject to any law or regulation from performing your obligations under these Terms this Agreement and any related transactions contemplated by them. (fe) you have all necessary consents and have the authority to enter into an agreement under these Terms this Agreement and subsequent FX Contracts and Payment Contracts and if you are a body corporate, you are properly empowered and have obtained all necessary corporate or other authority pursuant to its constitutional and organisational documents; and; (gf) you comply with all relevant laws, regulations, exchange control requirements and registration requirements. 23.2 17.2 You undertake to inform us with immediate effect effect, if you are a corporation, where your beneficial ownership of your corporation changes by more than 10%.

Appears in 2 contracts

Samples: Representative Service Agreement, Representative Service Agreement

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WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS. 23.1 ‌ 21.1. You warrant and represent to us (such representations and warranties to be made both on the date you sign these Terms and on each Contract Date) that: (a) all information that you supply to us is complete, true, accurate and not misleading in any material respect; (b) all sums which you send to us or are sent to us on your behalf (until these monies become due to us or are paid back to you) are and will remain owned by you and you have not created and will not create any charge or other encumbrance over or in respect of such monies.; (c) If if you place an FX Order with us to enter into a Forward FX Contract this will be for the purpose of facilitating a means of payment for identifiable goods and / or services or for direct investment; (d) you are acting as principal and not as another party’s agent or representative;representative;‌ (e) you are not prevented by any legal disability or subject to any law or regulation from performing your obligations under these Terms and any related transactions contemplated by them.; and (f) you have all necessary consents and have the authority to enter into an agreement under these Terms and subsequent FX Contracts and Payment Contracts and if you are agreeing to these Terms on behalf of a body corporate, you are properly empowered and have obtained all necessary corporate or other authority pursuant to its constitutional and organisational documents; anddocuments to do so.. (g) you comply with all relevant laws, regulations, exchange control requirements and registration requirements. 23.2 21.2. You undertake to inform us with immediate effect where your beneficial ownership changes by more than 10%.

Appears in 1 contract

Samples: Framework Contract

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