BY THE COMPETITIVE SUPPLIER. As a material inducement to entering into this ESA, the Competitive Supplier hereby represents and warrants to the Town as of the Effective Date of this ESA as follows:
BY THE COMPETITIVE SUPPLIER. As a material inducement to entering into this Agreement, the Competitive Supplier hereby represents and warrants to the Town as of the Effective Date as follows:
BY THE COMPETITIVE SUPPLIER. As a material inducement to entering into this ESA, the Competitive Supplier hereby represents and warrants to the Municipality as follows: as of the date of execution of this ESA, this ESA constitutes a legal, valid and binding obligation of the Competitive Supplier enforceable against it in accordance with the ESA’s terms, and the Competitive Supplier can and will perform its obligations hereunder to the Municipality in conformance with the terms and conditions of this ESA, subject to Bankruptcy, insolvency, reorganization and other laws affecting creditor's rights generally and general principles of equity. as of the Effective Date of this ESA, and subject to the conditions set forth in Article 2.4: it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary for it to perform its obligations under this ESA; it has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; the execution, delivery and performance of this ESA are within its powers, have been duly authorized by all necessary action and do not violate any of the terms or conditions in its governing documents or any contract to which it is a party or any Governmental Rule applicable to it; no Bankruptcy is pending against it or to its knowledge threatened against it; none of the documents or other written information furnished by or on behalf of Competitive Supplier to or for the benefit of the Municipality pursuant to this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and all information furnished by Competitive Supplier in response to the Request for Proposals for competitive electric supply services is true and accurate.
