REPRESENTATIONS AND WARRANTIES. All the representations and warranties set out in this Clause 10 (Representations and warranties) are made by the Borrower for the benefit of the Lender on the Signing Date. All the representations and warranties in this Clause 10 (Representations and warranties) are also deemed to be made by the Borrower on the date on which all of the conditions precedent listed in Part III of Schedule 4 (Conditions Precedent) are satisfied, on the date of each Drawdown Request, on each Drawdown Date and on each Payment Date, except that the repeating representations contained in Clause 10.9 (No misleading information) are deemed to be made by the Borrower in relation to the information provided by the Borrower since the date on which the representation was last made.
REPRESENTATIONS AND WARRANTIES. 22
10.1 Power and authority 22
10.2 Validity and admissibility in evidence 22 10.3 Binding obligations 22 10.4 No filing or stamp taxes 22 10.5 Transfer of funds 23 10.6 No conflict with other obligations 23
10.7 Governing Law and Enforcement 23
10.8 No Default 23
10.9 No Misleading Information 23
10.10 Pari Passu Ranking 24
10.11 Licit Origin of the funds and Prohibited Practices 24 10.12 No Material Adverse Effect 24 10.13 No Immunity 24
10.14 List of activities excluded from the Expenditure Framework 24
REPRESENTATIONS AND WARRANTIES. 8.1. Stupanjem u ovaj Ugovor Strane izjavljuju i jamče sljedeće:
8.1. By entering into this Agreement, the Parties represent and warrant the following:
8.1.1. Strane i njihovi potpisnici su ovlašteni zaključiti ovaj Ugovor i preuzeti obaveze sadržane u njemu;
8.1.1. The Parties and their signatories have the right to conclude this Agreement and undertake the obligations set forth in it;
8.1.2. Strane preuzimaju valjane obaveze po ovom Ugovoru kojima se izražava prava volja Strana za svrhe Ugovora, uspostavljaju principi reguliranja pravnih odnosa između Strana, u mjeri u kojoj nisu regulirani drugim primjenjivim propisima. Stranke jamče da ostali sporazumi među Stranama ili preuzete obaveze po drugim osnovama neće biti u suprotnosti s odredbama ovog Ugovora;
8.1.2. The Parties undertake valid obligations under this Agreement which express a true will of the Parties for the purpose of this Agreement, establishing the principles of regulation of legal relations between the Parties, as far as those are not governed by applicable laws. The Parties guarantee that other agreements between the Parties or obligations undertaken on other basis shall not contradict the provisions of this Agreement;
8.1.3. Obaveze koje Strane preuzimaju po ovom Ugovoru, koliko je Stranama poznato ili treba biti poznato, ne krše nikakva prava i/ili pravne interese trećih strana.
REPRESENTATIONS AND WARRANTIES. 21
10.1 Power and authority 21
10.2 Validity and admissibility in evidence 21 10.3 Binding obligations 22 10.4 No filing or stamp taxes 22 10.5 Transfer of funds 22 10.6 No conflict with other obligations 22
REPRESENTATIONS AND WARRANTIES. The Guarantor represents and warrants to each Finance Party, on each day that its obligations under this Guarantee continue, in the terms set out in clauses 5.1 (Status) to 5.13 (No misleading information) below.
REPRESENTATIONS AND WARRANTIES. The Borrower represents and warrants that: it is not and none of its officers, directors, agents or employees is a Sanctioned Person or is the subject of a final and irrevocable court ruling in connection with Prohibited Practices perpetrated in the exercise of its professional duties and none of them did or does enter into business relationships with Sanctioned Persons; its competent bodies have authorised it to enter into the Agreement and have given the signatory(ies) the authorisation therefor, in accordance with the laws, decrees, regulations, articles of association and other texts applicable to it;
REPRESENTATIONS AND WARRANTIES. The Borrower represents and warrants that:
(a) it is not and none of its officers, directors, agents or employees is a Sanctioned Person or is the subject of a final and irrevocable court ruling in connection with Prohibited Practices perpetrated in the exercise of its professional duties and none of them did or does enter into business relationships with Sanctioned Persons;
(b) its competent bodies have authorised it to enter into the Agreement and have given the signatory(ies) the authorisation therefor, in accordance with the laws, decrees, regulations, articles of association and other texts applicable to it;
(c) the execution and delivery of, the performance of its obligations under and compliance with the provisions of this Agreement do not:
(i) contravene or conflict with any applicable law, statute, rule or regulation, or any judgment, decree or permit to which it is subject;
(ii) contravene or conflict with any Debt Instrument or any other agreement binding upon it which might reasonably be expected to give rise to a Material Adverse Change;
(d) no event or circumstance is outstanding that constitutes a default under any Debt Instrument or any other agreement, which is binding on it or to which its assets are subject, which might reasonably be expected to give rise to a Material Adverse Change;
(e) no Security has been granted to a third party in breach of Sub-clause 7.2;
(f) no litigation, arbitration or administrative proceedings of or before any court, arbitral tribunal or agency which might reasonably be expected to give rise to a Material Adverse Change have (to the best of its knowledge and belief) been started or threatened against it; and (g) it has received a copy of the Loan Regulations, the Loan Policy, the Environmental and Social Safeguards Policy, the Procurement Guidelines and the Personal Data Protection Regulation and has taken note thereof. The above representations and warranties are deemed repeated on the date of signature of each Disbursement Request and on the date of each Certificate. Any change in relation to the above representations and warranties must, for the entire Loan period, be notified and any supporting documents provided to the CEB immediately after the Borrower having become aware of the change. If any of the above representations and warranties is or proves to have been incorrect or misleading in any respect, this would constitute an event in the terms of Article 3.3 (h) of the Loan Regulations and may give ris...
REPRESENTATIONS AND WARRANTIES. 10.1 Power and authority
10.2 Validity and admissibility in evidence 10.3 Binding obligations 10.4 No filing or stamp taxes
10.5 Transfer of funds 10.6 No conflict with other obligations
10.7 Governing Law and Enforcement
10.8 No Default
10.9 No Misleading Information
10.10 Pari Passu Ranking 10.11 Origin of funds, Acts of Corruption, Fraud and Anti-Competitive Practices 10.12 No Material Adverse Effect 10.13 No immunity
REPRESENTATIONS AND WARRANTIES. The Borrower represents and warrants that: