Additional Representations and Warranties of Customer Sample Clauses

Additional Representations and Warranties of Customer. CUSTOMER is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization. CUSTOMER has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and legally binding obligations of CUSTOMER and is enforceable in accordance with its terms and conditions. Neither the execution or delivery of this Agreement, nor the consummation of the transactions contemplated hereby, will violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government Agency, or court to which CUSTOMER is subject or any charter of CUSTOMER, or conflict with or create any right to accelerate, terminate, modify, or cancel or require any notice under any other agreement, or other arrangement to which CUSTOMER is a party or by which either is bound. CUSTOMER has provided to PROCESSOR a copy of any and all government or Agency inquiries or complaints regarding CUSTOMER or any of its subsidiaries, predecessors, principals, officers, or managing members. The information, authorizations, documents, reports, financial statements, and other documentation provided by CUSTOMER pursuant to this Agreement are correct, accurate, and complete and do not contain any untrue or misleading statement or fact. CUSTOMER acknowledges receiving notice of the NACHA Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and neither PROCESSOR nor ODFI shall be deemed to have paid the Receiver the amount of the Entry. The representations and warranties made by CUSTOMER in this Agreement, including but not limited to this Section 10, shall survive termination of this Agreement and the termination of services provided by PROCESSOR.
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Additional Representations and Warranties of Customer. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
Sample 1Sample 2Sample 3See All (11)
Additional Representations and Warranties of Customer. Customer hereby warrants and represents to Ameresco that:
Sample 1Sample 2Sample 3See All (4)
Additional Representations and Warranties of Customer. Customer represents and warrants to Galileo as follows:
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Additional Representations and Warranties of Customer. Customer represents and warrants that (a)
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Additional Representations and Warranties of Customer. Customer represents and warrants that (a) it has the full power and authority over the provision of Energy and other Energy-related services to the Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) it is, for each Facility and Account, and will continue to be during the Contract Term, a participant in retail access under the Act and Rules; (c) it is not, nor is any Facility or Account, a "residential customer" or a "small commercial customer" under the Act or Rules, and it and each Facility and Account are eligible to receive service hereunder pursuant to the Act and Rules; (d) it either (1) owns assets with a value in excess of ten million dollars ($10,000,000) or (2) has a tangible net worth in excess of one million dollars ($1,000,000), in each case calculated according to generally accepted accounting principles consistently applied; and (e) it is a commercial user of Energy and it has entered into this Agreement solely for non-speculative purposes related to its business.
Sample 1
Additional Representations and Warranties of Customer. Customer represents and warrants that (a) it has the full power and authority over the provision of energy and other energy-related services to the Facilities, including participation in retail access under the Act and Rules and the selection of a Competitive Supplier thereunder; (b) it is, for each Facility, and will continue to be during the Contract Term, a participant in retail access under the Act and Rules; (c) it is not and no Facility is, a "residential customer" or a "small commercial customer" under the Act or Rules, and it and each Facility are eligible to receive service hereunder pursuant to the Act and Rules; (d) it either (1) owns assets with a value in excess of ten million dollars ($10,000,000) or (2) has a tangible net worth in excess of one million dollars ($1,000,000), in each case calculated according to generally accepted accounting principles consistently applied; (e) it is a commercial user of energy and it has entered into this Agreement solely for non-speculative purposes related to its business; [and] (f) it has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this Agreement; [NY only add: and (g) it has received a copy of EESI's disclosure statement as required by the Rules and has read and understands the information contained therein].
Sample 1
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Related to Additional Representations and Warranties of Customer

  • Representations and Warranties of Customer The Customer represents and warrants to the Transfer Agent that:

  • Additional Representations and Warranties of the Company (i) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 2(c) that, except as disclosed in writing to the Purchaser or such Depositor prior to such date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

  • Representations and Warranties of Contractor Contractor represents and warrants to the Owner that:

  • Additional Representations and Warranties of the Seller (a) The Seller shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Subsection 34.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date: (i) the Seller is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Seller; (ii) the Interim Servicer has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Interim Servicer as servicer has been disclosed or reported by the Seller; (iv) no material changes to the Interim Servicer's policies or procedures with respect to the servicing function it will perform under the Interim Servicing Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the related Securitization Transaction; (v) there are no aspects of the Interim Servicer's financial condition that could have a material adverse effect on the performance by the Interim Servicer of its servicing obligations under the Interim Servicing Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Seller, Interim Servicer, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Seller, Interim Servicer, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

  • Additional Representations and Warranties The representations and warranties regarding creation, perfection and priority of security interests in the Receivables, which are attached to this Agreement as Exhibit C, are true and correct to the extent they are applicable.

  • Additional Representations and Warranties of the Servicer Except as disclosed in writing to the Seller, the Master Servicer, the Depositor and the Trustee prior to the Closing Date: (i) the Servicer is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Servicer; (ii) the Servicer has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Servicer as servicer has been disclosed or reported by the Servicer; (iv) no material changes to the Servicer’s policies or procedures with respect to the servicing function it will perform under this Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the Closing Date; (v) there are no aspects of the Servicer’s financial condition that could have a material adverse effect on the performance by the Servicer of its servicing obligations under this Agreement and (vi) there are no affiliations, relationships or transactions relating to the Servicer or any Subservicer with any party listed on Exhibit I hereto.

  • Representations and Warranties of Client Client represents and warrants that:

  • Representations and Warranties of Party A Party A hereby represents and warrants to Party B as follows:

  • Representations and Warranties of Party B 5.1 Party B is the legal owner of the Equity Interest.

  • Representations and Warranties of Consultant Consultant warrants to The Company that:

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