THE APPLICANT'S REPRESENTATIONS AND WARRANTIES Sample Clauses
THE APPLICANT'S REPRESENTATIONS AND WARRANTIES. 3.1 As at the date of this Agreement and on the date of each Claim, and on each Funding Date (by reference to the facts and circumstances then pertaining) the Applicant makes the representations and warranties set out in clauses 3.2 to 3.6.
THE APPLICANT'S REPRESENTATIONS AND WARRANTIES. The Applicant warrants, represents and undertakes to the Agency that:
3.1 the Applicant is validly existing and has full power to enter into and perform this Agreement, the execution of this Agreement by the Applicant has been validly authorised and the obligations expressed as being assumed by the Applicant under this Agreement constitute valid legal and binding obligations of the Applicant enforceable against the Applicant in accordance with their terms;
3.2 neither the execution of this Agreement by the Applicant nor the performance or observation of any of its obligations under it will :−
3.2.1 conflict with or result in any breach of any law or enactment or any deed, agreement or other instrument, obligation or duty to which the Applicant is bound save that this clause shall not operate to ▇▇▇▇▇▇ the exercise of the Council’s statutory powers nor constrain or prevent the Council’s compliance with its statutory duties; or
3.2.2 cause any limitation (otherwise than as set out in this Agreement) on any of the powers whatsoever of the Applicant;
3.3 the Applicant is not in default under any law or enactment or under any deed agreement or other instrument or obligation by which it is bound so as to affect adversely its ability to perform its obligations under this Agreement;
3.4 all consents, required in connection with the execution, delivery, issue, validity or enforceability of this Agreement have been obtained and have not been withdrawn;
3.5 the Applicant is not under any statutory obligation to undertake the Scheme or any part thereof;
3.6 no civil or criminal litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a material adverse effect on its business, assets, condition or operations or might affect adversely its ability to perform its obligations under this Agreement;
3.7 all information documents and accounts of the Applicant supplied to the Agency for its appraisal of the Scheme for the purposes of this Agreement including the Proposal are true complete and accurate and no change has occurred since the date on which such information was supplied which renders the same untrue or misleading in any respect and that there has been no material adverse change in the business, assets, finances operations affai...
THE APPLICANT'S REPRESENTATIONS AND WARRANTIES. 3.1 As at the date of this Agreement, the date of each Claim and the date of delivery of each Quarterly Progress Report and the Final Report (by reference to the facts and circumstances then pertaining) the Applicant makes the representations and warranties set out in Clauses
3.2 to 3.5