Common use of Cargill Clause in Contracts

Cargill. and the EPC Parties each represent, warrant and agree to the other that, as of the Effective Date and at all times during the term of this Agreement, (a) it is (and will be) a corporation duly incorporated, validly existing and in good standing under the laws of the state of its incorporation, with full power, right and authority to own its properties and conduct its business as now being conducted and to execute, deliver and perform its obligations under this Agreement, (b) the execution, delivery and performance by it of this Agreement has been duly authorized by all necessary corporate action, requires no action by or in respect of, or filing with, any governmental authority and does not (and will not) contravene, or constitute a default under, any provision of applicable law, rule or regulation or its constitutional documents or any contract or agreement, judgment, injunction, order, decree or other instrument binding upon it, and (c) this Agreement is the legal, valid and binding obligation of it, enforceable against it in accordance with its terms.

Appears in 2 contracts

Sources: Business Development Agreement, Business Development Agreement (Environmental Power Corp)