Agent’s Representations Clause Samples

The Agent’s Representations clause sets out the specific statements and assurances that the agent makes to the other party regarding their authority, qualifications, and ability to perform under the agreement. Typically, this clause requires the agent to confirm that they are duly authorized to act on behalf of their principal, possess any necessary licenses or permits, and will comply with applicable laws. By including these representations, the clause helps ensure that the principal and any third parties can rely on the agent’s legitimacy and capacity, thereby reducing the risk of disputes or invalid transactions.
Agent’s Representations. Agent will comply with Applicable Law governing its business operations and profession. Agent will operate in compliance with the Governing Documents of the Homeowners Association.
Agent’s Representations. The Agent represents to, and covenants and agrees with, Party A on and as of the date hereof and on each date on which a Transaction is entered into and regardless of whether such Transaction or any portion thereof has been finally allocated to the Fund that: (i) it is duly incorporated and validly existing under the laws of its place of incorporation; (ii) it is "commodity trading advisor" or a "commodity pool operator" registered under the Commodity Exchange Act, as amended, and all similar state laws under which it is required to be registered or is exempt from any such registration, and it maintains the records required by, and complies in all other material respects with, all such laws; (iii) the Agent represents (a) that it is entering into this Agreement and each Transaction on behalf of the Fund as agent; (b) the persons executing this Agreement on its behalf have been authorized to do so; (c) that it has the power and the authority to execute and deliver this Agreement as agent for the Fund and to bind the Fund and to act on its behalf in all matters related to this Agreement; and (d) this Agreement is binding upon the Fund and enforceable against the Fund in accordance with its terms and does not and will not violate the terms of any agreement by which the Fund is bound; (iv) it will enter into a Transaction only when the assets in the accounts of the Fund under its control are sufficient to meet the obligations resulting from such Transaction; (v) pursuant to the Investment Management Agreement the Fund authorized it to take all action with respect to Transactions on behalf of the Fund, including, without limitation, opening accounts with Party A on behalf of the Fund; it has examined all applicable trust instruments, corporate charters, by-laws or authorizations, partnership agreements, trust indentures or other authorizing documentation of the Fund and is satisfied that the person or persons signing the Investment Management Agreement were themselves properly authorized by the Fund; (vii) it agrees to indemnify Party A and Party A's Affiliates, to the fullest extent permitted by law, from and against any loss, liability, cost, claim, action, demand or expense (including, without limitation, the costs, expenses and disbursements of legal counsel), whether direct, indirect, incidental or consequential, resulting from, arising out of or relating to (i) any claim by Party B that any Transaction entered into by the Agent on Party B's behalf was not...
Agent’s Representations. Agent herein warrants and represents that it is duly licensed and insured to engage in the business of real estate property management and is in compliance with all requirements set forth by the state and municipal governments and will abide by all federal, state, and local laws, ordinances and regulations governing fair housing rules and practices regarding discrimination.
Agent’s Representations. Agent herein warrants and represents that it is duly licensed and bonded to engage in the business of real estate property management and sales and is in compliance with all requirements set forth by the state and municipal governments and will abide by all federal, state, and local laws, ordinances and regulations governing fair housing rules and practices regarding discrimination. If the Property remains unrented after the initial 120 days of this agreement, either Agent or Owner may terminate this agreement upon written notice. In the event Owner terminates the agreement within the original 120 days, Owner agrees to forfeit the Minimum Reserve to Agent. THE OWNER HEREBY DELEGATES TO THE AGENT THE FOLLOWING AUTHORITY AND POWERS (ALL OF WHICH MAY BE EXERCISED IN THE NAME OF THE OWNER) AND ASSUMES ALL EXPENSE IN CONNECTION THEREWITH: PROCURE LEASES / RENTAL AMOUNT Make all diligent efforts to procure a suitable tenant as soon as possible at the Market Rent or such other amount as may be deemed acceptable by Agent, but in no event less than the Minimum Rent without Owner’s approval. RENEW / CANCEL LEASES Negotiate and execute leases, renewals, or subsequent leases on behalf of the Owner, as in Agent’s best judgment provide a fair return to Owner, and are consistent with Owner’s instructions. Leases are to be written on the lease form provided by the Agent. COLLECT RENTS Collect all rents and other charges which become due in accordance with the terms of the Lease Agreement via legal process or other means provided owner funds are sufficient to offset the expense of same, exercising due diligence in this pursuit, but nothing in this Agreement shall be construed as a guarantee by the Agent of the payment of rents or other charges by Tenant.
Agent’s Representations. The Agent hereby represents and acknowledges the following:
Agent’s Representations. Agent shall make no representations, warranties, promises, understandings, or agreements which deviate from the rates and time frames established for delivery of service and/or otherwise concerning HYP or HYP's Services not approved in advance in writing by HYP, nor shall Agent represent itself as the provider of HYP'
Agent’s Representations. Agent warrants and represents to Lender as of the date hereof that: (a) a true, correct and complete copy of the Management Agreement is attached hereto as Exhibit A, that the Management Agreement has not been modified or amended, that the entire agreement between Agent and Lessee is evidenced by the Management Agreement; (b) Agent has agreed to act as manager of the Property pursuant to the Management Agreement, (c) the entire agreement between Agent and Lessee for the management of the Property is evidenced by the Management Agreement, (d) the Management Agreement constitutes the valid and binding agreement of Agent, enforceable in accordance with its terms, and Agent has full authority under all state and local laws and regulations, to perform all of its obligations under the Management Agreement, (e) Lessee is not in default in the performance of any of its obligations under the Management Agreement and all payments and fees required to be paid by Lessee to Agent thereunder have been paid to the date hereof, (f) it has reviewed the Operations and Maintenance Agreement (the “O&M Agreement”) dated as of the Original Closing Date, if any, and agrees to comply with all of the terms and conditions thereof, and further, agrees that, in the event that Borrower is required to maintain an operations and maintenance program for the management of asbestos, lead-based paint, radon or any other Hazardous Substances (as defined in the Mortgage) at the Property, then the Agent shall review same and comply with all of the terms and conditions thereof, (g) Agent has adequate leasing .and operational authority to effectively manage and lease the Property on behalf of Lessee, and (h) Agent acknowledges and agrees that Lender is a third party beneficiary under the Management Agreement.

Related to Agent’s Representations

  • Applicants' Representations Each of the Funds is registered under the 1940 Act as an open-end management investment company and was organized as a Massachusetts business trust. The Templeton Trust currently consists of eight separate series, and the VIP Trust consists of twenty-five separate series. Each Fund's Declaration of Trust permits the Trustees to create additional series of shares at any time. The Funds currently serve as the underlying investment medium for variable annuity contracts and variable life insurance policies issued by various insurance companies. The Funds have entered into investment management agreements with certain investment managers ("Investment Managers") directly or indirectly owned by Franklin Resources, Inc. ("Resources"), a publicly owned company engaged in the financial services industry through its subsidiaries.

  • Client Representations The Client represents to the Firm the following and understands and agrees that the Firm is relying on these representations as an inducement to enter into this Agreement: • The Client affirms to be legally empowered to enter into or perform this agreement. • If this Agreement is established by a legal entity, the undersigned certifies that the Agreement has been duly authorized, executed and delivered on behalf of such entity, and that the Agreement is valid by way of resolution or amendment made by the entity to that effect, and authorizing the appropriate officer or director to act on its behalf in connection with this Agreement. • The Client agrees to provide the Firm with the necessary information to provide the agreed upon services, including, but not limited to current contact information for Client, such as address, email and phone number. • The Client agrees and acknowledges that the responsibility for financial planning decisions is theirs and that the Client has the right to not act upon, either wholly or in part, any recommendation or suggestion provided by the Firm. • The Client affirms that the Firm performs services for other clients and may make recommendations to those clients that differ from the recommendations made to the Client. The Client affirms the Firm does not have an obligation to recommend for purchase or sale any security or other asset it may recommend to any other client. • The Client affirms that the Firm obtains information from a wide variety of publicly available sources and cannot guarantee the accuracy of the information or success of the advice which it may provide. The information and recommendations developed by the Firm is based on the professional judgment of the Firm and the information the Client provides to the Firm. • The Client acknowledges and agrees that the Firm shall not be obligated to provide any services under this Agreement with or for the Client if, in the Firm’s reasonable judgment, this would (i) violate any applicable federal or state law or any applicable rule or regulation of any regulatory agency, or (ii) be inconsistent with any internal policy maintained by the Firm relating to its business conduct with its Clients. • The Client acknowledges all investments involve risks and that some investment decisions will result in losses, including the potential for the loss of Client’s principal that has been invested. The Client is hereby informed that the Firm cannot guarantee Client’s investment goals or planning objectives will be achieved. • If the Client account(s) served by the Firm contains only a portion of the Client’s total assets, the Firm shall not be responsible for the supervision of those Client assets not set forth through this Agreement. • The Client understands and agrees that the Firm will not be liable for any loss incurred as a result of the services provided to the Client by the Custodian of Record via the Client’s instructions.

  • Customer Representations Customer represents and warrants that (i) it has a legitimate business interest or obtained all permissions and consent required by law to transfer the Content so that ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ may lawfully use and process in accordance with this Agreement; and (ii) it has delegated authority to its advisors in providing instructions in connection with the Services, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ has no duty to verify such instructions with Customer; and (iii) it will not use the Services for any fraudulent or unlawful purposes, not allow others to do so.

  • Joint Representations Each party represents and warrants, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (A) It is a corporation, partnership, trust, or other entity duly organized and validly existing in good standing under the laws of the jurisdiction in which it is organized. (B) To the extent required by Applicable Law (defined below), it is duly registered with all appropriate regulatory agencies or self-regulatory organizations and such registration will remain in full force and effect for the duration of this Agreement. (C) For the duties and responsibilities under this Agreement, it is currently and will continue to abide by all applicable federal and state laws, including, without limitation, federal and state securities laws; regulations, rules, and interpretations of the SEC and its authorized regulatory agencies and organizations, including FINRA; and all other self-regulatory organizations governing the transactions contemplated under this Agreement (collectively, “Applicable Law”). (D) It has duly authorized the execution and delivery of this Agreement and the performance of the transactions, duties, and responsibilities contemplated by this Agreement. (E) This Agreement constitutes a legal obligation of the party, subject to bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting the rights and remedies of creditors and secured parties. (F) Whenever, in the course of performing its duties under this Agreement, it determines that a violation of Applicable Law has occurred, or that, to its knowledge, a possible violation of Applicable Law may have occurred, or with the passage of time could occur, it shall promptly notify the other party of such violation.

  • Borrower’s Representations Borrower hereby represents and warrants that, after giving effect to this Amendment Agreement and the transactions contemplated hereby, no Potential Default or Event of Default has occurred and is continuing under the Credit Agreement or other Loan Documents.