Representations of Subordinated Creditor Vzorová ustanovení

Representations of Subordinated Creditor. The Subordinated Creditor represents and warrants to the Investor and the Security Agent that: (a) it is a state enterprise, duly incorporated or formed and validly existing under the laws of its jurisdiction of incorporation or formation; (b) the obligations expressed to be assumed by it in this Agreement are, subject to any general principles of law limiting its obligations which are applicable to creditors generally, legal, valid, binding and enforceable obligations, including (without limitation) pursuant to the Act No. 374/2014 Coll. on state claims, as amended and Act No. 111/1990 Coll., on state enterprise, as amended; (c) all necessary approvals and consents (including state consents) have been obtained for its entry into and performance by it of this Agreement; (d) the entry into and performance by it of this Agreement does not: (i) conflict with any law or regulation applicable to it, its constitutional documents or any agreement or instrument binding upon it or any of its assets; or (ii) constitute a default or termination event (however described) under any agreement or instrument binding on it or any of its assets; and (e) it is not bankrupt or insolvent under any law applicable to it, it is not unable and has not admitted inability to pay its debts as they fall due, it has not suspended making payments on any of its debts or, by reason of actual or anticipated financial difficulties, it has not commenced negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness.