The Vendor. The Vendor is a company incorporated in the British Virgin Islands with limited liability and an indirect wholly-owned subsidiary of the Company. The principal business activity of the Vendor is investment holding.
The Vendor must not claim that MMCAP endorses its products or services.
The Vendor the Borrower and each other Person that shall subsequently become party to this Agreement agree to the provisions contained in Schedule I.
The Vendor. The Vendor represents and warrants to the Purchaser as follows, with the intention that the Purchaser will rely thereon in entering into this Agreement, that:
The Vendor. Builder shall preserve all assignable rights and claims that the Builder may have against manufacturers, suppliers, vendors, builders, contractors, sub-contractors and others in respect of any breach of warranty or other defect in respect of the Homes, and shall, forthwith upon the request of Tarion, assign and transfer all such rights and claims to and in favour of Tarion, or as it may direct, and shall execute and deliver such assignments and other instruments and do such acts and things as Tarion may reasonably require in order to enable Tarion or its designate to prosecute and enforce such rights and claims as fully and effectually as the same could be prosecuted and enforced by the Vendor/Builder subject however to the overriding provisions of any assignment of such rights, claims and/or interests involving any manufacturers, suppliers, builders, contractors and/or sub-contractors heretofore or hereafter made by the Vendor/Builder to and in favour of the lender(s) providing construction financing for the Homes, and which assignment to the construction lender(s) shall take priority over any such assignment by the Vendor/Builder to and in favour of Tarion, regardless of when same have been respectively created and Tarion shall correspondingly execute a financing change statement under the PPSA to evidence and confirm said postponement and subordination to and in favour of the construction lender(s)], and following any such assignment to the construction lender Tarion shall not pursue nor enforce any rights and/or claims under or pursuant to any such assignment so granted by the Vendor/Builder to Tarion whatsoever.
The Vendor. The Vendor will be responsible for its own legal, accounting, consulting and other fees with respect to the transaction including, but not limited to, the following costs and expenses:
The Vendor. 2.5 The Vendor (the Warrantor) is duly incorporated or established and is validly existing under the laws of its jurisdiction of incorporation, with full power and authority to own, lease and operate its properties and assets and to execute and perform its obligations under this Agreement.
The Vendor. 2.1 The Vendor has full power to enter into and perform this Agreement and this Agreement constitutes a binding obligation on the Vendor in accordance with its terms.
The Vendor. 11. The Vendor represents and warrants as follows to the Company and acknowledges and confirms that the Company is relying on such representations and warranties in connection with its purchase of the Assets: