Concerning the Issuer Clause Samples
The 'Concerning the Issuer' clause defines the rights, responsibilities, and representations of the party issuing a security, financial instrument, or other contractual obligation. It typically outlines the issuer's obligations to provide accurate information, comply with relevant laws, and fulfill the terms of the agreement. For example, it may require the issuer to disclose material facts or maintain certain financial standards. This clause ensures that the issuer is held accountable for its actions and provides assurance to other parties that the issuer will act in good faith and in accordance with the contract, thereby reducing the risk of misrepresentation or default.
Concerning the Issuer. In order to induce ▇▇▇▇▇▇▇▇ and the Isracann Securityholders to enter into this Agreement and complete their respective obligations hereunder, the Issuer represents and warrants to Isracann and the Isracann Securityholders that:
(a) the Issuer is a valid and subsisting corporation incorporated under the laws of Alberta and continued to British Columbia;
(b) the Issuer is a “reporting issuer” in British Columbia, Alberta and Ontario as that term is defined in the Securities Acts, is not in material default of any requirement of the Securities Acts or any material Applicable Law and is not noted as being a “defaulting reporting issuer” (or any analogous terms) in any such jurisdiction;
(c) the Issuer will have, at the Time of Closing, full corporate power and authority to carry on its Business as now carried on by it, to enter into this Agreement and complete the Transaction and related transactions and to carry out its obligations hereunder and the Transaction will have been, prior to the Time of Closing, authorized by all necessary shareholder (if necessary) and corporate action on the part of the Issuer. This Agreement has been duly executed and delivered by the Issuer and constitutes a legal, valid and binding obligation of the Issuer enforceable against the Issuer in accordance with its terms, subject to the qualification that such enforceability may be limited by bankruptcy, insolvency, reorganization or other laws of general application relating to or affecting rights of creditors and that equitable remedies, including specific performance, are discretionary and may not be ordered;
(d) the authorized capital of the Issuer consists of an unlimited number of common shares, of which, as of the date hereof, 114,944,923 Issuer Shares are issued and outstanding as fully paid and non-assessable;
(e) as of the date hereof, there are (i) 89,059,405 Issuer Warrants outstanding; (ii) 6,525,000 Issuer Options outstanding; and (iii) 30,588,236 Subscription Receipts outstanding;
(f) except for the holders of the securities set out in Section 8.1(e), no Person has any right, agreement or option, present or future, contingent or absolute, or any right capable of becoming such a right, agreement or option, for the issue or allotment of any unissued shares in the capital of the Issuer or any other security convertible into or exchangeable for any such shares, or to require the Issuer to purchase, redeem or otherwise acquire any of the issued and outstanding shares in i...
Concerning the Issuer. The Issuer is a public body corporate and politic duly created and operating in the State of Georgia and is authorized by the Act (i) to offer, issue, sell and deliver the Bonds for the purposes specified in the Bond Resolution, and (ii) to enter into and perform its obligations under this Bond Purchase Agreement, the Bond, the Rental Agreement, the Bond Resolution, the Option Agreement, the Security Deed, the EDA and any other instrument or agreement to which the Issuer is a party and which has been executed by the Issuer in connection with the transactions contemplated by the foregoing documents (herein referred to together as the “Issuer Documents”) in order to accomplish the foregoing actions;
Concerning the Issuer. The Issuer is a public body corporate and politic duly created and operating in the State of Georgia and is authorized by the Act (i) to offer, issue, sell and deliver the Bonds for the purposes specified in the Bond Resolution, and (ii) to enter into and perform its obligations under this Bond Purchase Agreement, the Bond, the Rental Agreement, the Bond Resolution, the Option Agreement, the Security Deed, the EDA and any other instrument or agreement to which the Issuer is a party and which has been executed by the Issuer in connection with the transactions contemplated by the foregoing documents (herein referred to together as the “Issuer Documents”) in order to accomplish the foregoing actions;