Information and Representations Clause Samples

The Information and Representations clause establishes the parties’ obligations to provide accurate and complete information relevant to the agreement. It typically requires each party to confirm that any statements, facts, or disclosures they make are true and not misleading, and may specify what types of information must be shared or updated if circumstances change. This clause helps ensure transparency and trust between the parties, reducing the risk of disputes arising from misinformation or incomplete disclosures.
Information and Representations. You certify that all of the information you provide will be accurate and complete (including your name, address, Deposit Account information, and that you will update such information, as needed, to maintain its accuracy. Anytime you use FINSYNC’s electronic funds transfer capability (ACH) to have a paper check converted into an ACH deposit you become the originator of such request under the ACH Rules, and FINSYNC, as your agent, will create and transmit credit and debit entries necessary to process your Deposit. The origination, receipt, return, adjustment, correction, cancellation, amendment and transmission of Deposits made via Electronic Deposit must be in accordance with the Operating Rules of the ACH, which may be amended from time to time (the “ACH Rules”). You agree to comply with and be bound by the ACH Rules and all future amendments. You acknowledge that under the ACH Rules, FINSYNC indemnifies certain persons. You agree to reimburse FINSYNC for any loss FINSYNC incurs, including its reasonable attorneys' fees and legal expenses, as the result of the enforcement of an indemnity, unless enforcement resulted solely from FINSYNC’s own gross negligence. Once we receive paper checks in the FINSYNC Lockbox and successfully convert those paper checks into electronic form, FINSYNC will immediately issue an electronic funds transfer (EFT) request to the check originator’s bank account to verify availability of funds. Upon verification that the funds are available, and within a commercially reasonable time period, FINSYNC will deposit the funds via ACH into your designated deposit account.
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Information and Representations. You certify that all of the information you provide will be accurate and complete (including your name, address, Payment Account information, Payee information) and that you will update such information, as needed, to maintain its accuracy. You authorize us to use the data you provide to perform background checks. If you fail to provide accurate and complete information during Payment Account enrollment for the Bill Pay Service, we will suspend your use of the Bill Pay Service. You certify that you own each Payment Account you enroll with the Bill Pay Service, that you have the authority to use the Payment Account for the Bill Pay Service and no other person’s authorization is needed to approve the use of the Payment Account. You are responsible for ensuring that you have sufficient funds in your Payment Account. You understand that the Bill Pay Service is subject to the policies regarding demand drafts and demand debits of the financial institutions that hold your Payment Accounts and where the Payee deposits the Paper Check or received Electronic Check. When you enroll an account for the Bill Pay Service, you authorize us to obtain information from any financial institutions holding the Payment Accounts to confirm your ownership. You also authorize us to request information regarding you and your Payment Accounts from other third party sources to verify your identity, account ownership, protect against fraud, comply with applicable law or otherwise as necessary to provide the Bill Pay Service to you. You authorize us to make a micro- deposit (less than $1.00) and a single debit of the same amount to each Payment Account you enroll in the Bill Pay Service. We will verify the amount deposited using the financial account information from your Payment Account’s financial institution that you have authorized us to retrieve through the FINSYNC Service. If the micro-deposit does not post to your account for any reason, and the subsequent debit is successful and results in an overdraft or NSF, we will be held harmless for the results of this condition. Any credit FINSYNC gives to you towards a Payment is provisional until FINSYNC receives the debit, or the final settlement, for which credit was given. If FINSYNC does not receive final settlement from you, it is entitled to a refund from the Payee and you will not be deemed to have paid that Payee. Upon request, FINSYNC will make a reasonable effort to reverse a Payment, but will have no responsibility for the fa...
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Information and Representations. You certify that all of the information you provide will be accurate and complete (including your name, address, Payment Account information) and that you will update such information, as needed, to maintain its accuracy. You authorize us to use the data you provide to perform background checks. If you fail to provide accurate and complete information during Account enrollment for the Financing Service, we will suspend your use of the Financing Service. You certify that you own each Payment Account you enroll with the Financing Service, that you have the authority to use the Payment Account for the Financing Service and no other person’s authorization is needed to approve the use of the Payment Account.
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Information and Representations. The purchaser acknowledges that, subject to clause 4.3 of this special condition any information, representation, comment, opinion or warranty by the vendor, the vendor’s agent or the vendor’s legal practitioners was not supplied or made with the intention or knowledge that it would be relied on by the purchaser. The purchaser is not entitled to rely on any information, representation, comment, opinion or warranty except those expressly included in this contract.
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Information and Representations. All information and certificates furnished and representations made by the Borrower on or prior to the execution date of this Agreement or which are furnished or made at any time after such date by or on behalf of the Borrower (including, without limitation, all information and representations contained in the Loan Documents) under or in connection with this Agreement, with the other Loan Documents, or any transaction contemplated thereunder, is and shall be as of such date, true, complete, and correct in all material respects and does not contain or omit (and shall not contain or omit), at the time submitted or made, any information or representation required to make such information or statement true, complete, and correct in all material respects.
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Related to Information and Representations

  • Recognition and Representation 1. The Union is the exclusive representative of all bargaining unit employees and has a right to be represented in negotiations, formal discussions, and meetings between employees and the Agency that concern conditions of employment, grievances, personnel policies and practices, or any other matter affecting general working conditions regardless of whether employees desire Union representation, to include during meetings conducted for the purpose of alternative dispute resolution (ADR) such as mediation. This may include Agency sponsored Committees/Meetings dealing with the above subjects. 2. The right to meet and confer will apply to all levels of management within the SCNG and within the Union, starting with the Union ▇▇▇▇▇▇▇ (if one is assigned) and the first level supervisor. It is the intent of the Parties to meet and confer at the lowest level for problem resolution. If the Parties at the initial point of contact feel resolution of a matter is outside their jurisdiction, the matter will be referred to a higher level. This includes Agency sponsored Committees/Meetings dealing with the subjects herein. 3. The Union’s right to be represented does not extend to informal discussions and meetings between an employee and the Agency. 4. The Agency shall recognize all Officers and Representatives designated by the Union, to include National Representatives. Upon request, the Union will provide the Agency, in writing, a list of all current Officers and Representatives, to include Stewards. 5. The Union’s primary point of contact for all matters is the designated State Representative, or any other representative appointed by the Union. The State Representative or designee will be given reasonable notice of and will be provided reasonable time to be present at meetings or formal discussions concerning any grievance, personnel policy or practice, or other general condition of employment. 6. The Agency shall not interfere in internal Union business. Internal Union business shall be conducted during non-duty hours, or while an employee is in a non-duty status. 7. The Agency agrees that there will be no restraint, interference, coercion, or discrimination against Union representatives as a result of performing their authorized duties under the Statute, and that no employee will be reassigned as a result of participating in protected activity. 8. To the extent that it does not interfere with Management’s Rights under Article 4, the Union, in consonance with its right to represent, may propose new policy, changes in policy, or resolutions to issues, involving conditions of employment or working conditions that are not covered by this Agreement. When the Union submits a proposal to the Agency IAW this Paragraph, the Parties have a duty to negotiate (to the extent that the subject is negotiable) and/or bargain the impact/implementation of said proposal IAW Section 6.3. 9. The LIUNA Local 1776 Business Manager, or their designated representative, is the only official authorized to reach final binding agreement on behalf of the Union concerning any workplace matter and regardless of whether the matter is covered by this Agreement. 10. Most of the information an employee shares with the Union is confidential, unless: a. The Union waives confidentiality; b. The Union reveals the information to someone other than a Union representative; or, c. If the Agency has an overriding need for the information or if it deems their need to know the information as a serious matter.

  • MARKETING AND REPRESENTATIONS 8.1 The Fund or its underwriter shall periodically furnish Insurance Company with the following documents, in quantities as Insurance Company may reasonably request: a. Current Prospectus and any supplements thereto; b. other marketing materials. Expenses for the production of such documents shall be borne by Insurance Company in accordance with Section 5.2 of this Agreement. 8.2 Insurance Company shall designate certain persons or entities which shall have the requisite licenses to solicit applications for the sale of Contracts. No representation is made as to the number or amount of Contracts that are to be sold by Insurance Company. Insurance Company shall make reasonable efforts to market the Contracts and shall comply with all applicable federal and state laws in connection therewith. 8.3 Insurance Company shall furnish, or shall cause to be furnished, to the Fund, each piece of sales literature or other promotional material in which the Fund, its investment adviser or the administrator is named, at least fifteen Business Days prior to its use. No such material shall be used unless the Fund approves such material. Such approval (if given) must be in writing and shall be presumed not given if not received within ten Business Days after receipt of such material. The Fund shall use all reasonable efforts to respond within ten days of receipt. 8.4 Insurance Company shall not give any information or make any representations or statements on behalf of the Fund or concerning the Fund or any Series in connection with the sale of the Contracts other than the information or representations contained in the registration statement or Prospectus, as may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved by the Fund. 8.5 Fund shall furnish, or shall cause to be furnished, to Insurance Company, each piece of the Fund's sales literature or other promotional material in which Insurance Company or the Separate Account is named, at least fifteen Business Days prior to its use. No such material shall be used unless Insurance Company approves such material. Such approval (if given) must be in writing and shall be presumed not given if not received within ten Business Days after receipt of such material. Insurance Company shall use all reasonable efforts to respond within ten days of receipt. 8.6 Fund shall not, in connection with the sale of Series shares, give any information or make any representations on behalf of Insurance Company or concerning Insurance Company, the Separate Account, or the Contracts other than the information or representations contained in a registration statement or prospectus for the Contracts, as may be amended or supplemented from time to time, or in published reports for the Separate Account which are in the public domain or approved by Insurance Company for distribution to Contractholders or Participants, or in sales literature or other promotional material approved by Insurance Company. 8.7 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. rules, the Act or the 1933 Act.

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • Covenants and Representations (1) Borrower represents and warrants that there have not been during the period of Borrower's possession of any interest in the Property and, to the best of its knowledge after reasonable inquiry, there have not been at any other times, any activities on the Property involving, directly or indirectly, the use, generation, treatment, storage or disposal of any Hazardous Substances except in compliance with Applicable Law (i) under, on or in the land included in the Property, whether contained in soil, tanks, sumps, ponds, lagoons, barrels, cans or other containments, structures or equipment, (ii) incorporated in the buildings, structures or improvements included in the Property, including any building material containing asbestos, or (iii) used in connection with any operations on or in the Property. (2) Without limiting the generality of the foregoing and to the extent not included within the scope of this Section 8.2(b), Borrower represents and warrants that it is in full compliance with Applicable Law and has received no notice from any Person or any governmental agency or other entity of any violation by Borrower or its Affiliates of any Applicable Law. (3) Borrower shall be solely responsible for and agrees to indemnify FINOVA, protect and defend FINOVA with counsel reasonably acceptable to FINOVA, and hold FINOVA harmless from and against any claims, actions, administrative proceedings, judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlements of claims), interest or losses, attorneys' fees (including any fees and expenses incurred in enforcing this indemnity), consultant fees, expert fees, and other out-of-pocket costs or expenses actually incurred by FINOVA (collectively, the "Environmental Costs"), that may, at any time or from time to time, arise directly or indirectly from or in connection with: (i) the presence, suspected presence, release or suspected release of any Hazardous Substance whether into the air, soil, surface water or groundwater of or at the Property, or any other violation of Applicable Law, or (ii) any breach of the foregoing representations and covenants; except to the extent any of the foregoing result from the actions of FINOVA, its employees, agents and representatives. All Environmental Costs incurred or advanced by FINOVA shall be deemed to be made by FINOVA in good faith and shall constitute Obligations hereunder.

  • GENERAL WARRANTIES AND REPRESENTATIONS The Borrower warrants and represents to the Agent and the Lenders that except as hereafter disclosed to and accepted by the Agent and the Majority Lenders in writing: