Common use of Representations and Warranties of Operator Clause in Contracts

Representations and Warranties of Operator. 13.2.1 As of the Effective Date and until the expiration of this Agreement, Operator represents, undertakes and warrants that: (a) Operator is and shall remain duly formed and in good standing under the laws of Germany and is and shall remain duly qualified to do business in Germany; (b) Operator has the requisite power, authority and legal right to execute and deliver, and to perform its obligations under this Agreement; (c) Operator has not incurred any liability to any financial advisor, broker or finder for any financial advisory, brokerage, finder's or similar fee or commission in connection with the transactions contemplated by this Agreement for which User or any of its Affiliates could be liable; and (d) neither the execution, delivery nor performance of this Agreement, violates or will violate, results or will result in a breach of, or constitutes or will constitute a default under, any provision of Operator's memorandum and articles of association, any law, judgment, order, decree, rule or regulation of any court, administrative agency or other instrumentality of any Governmental Authority or of any other material agreement or instrument to which Operator is a party.

Representations and Warranties of Operator. ‌ 13.2.1 As of the Effective Date and until the expiration of this Agreement, Operator represents, undertakes and warrants that: (a) Operator is and shall remain duly formed and in good standing under the laws of Germany and is and shall remain duly qualified to do business in Germany; (b) Operator has the requisite power, authority and legal right to execute and deliver, and to perform its obligations under this Agreement; (c) Operator has not incurred any liability to any financial advisor, broker or finder for any financial advisory, brokerage, finder's or similar fee or commission in connection with the transactions contemplated by this Agreement for which User or any of its Affiliates could be liable; and (d) neither the execution, delivery nor performance of this Agreement, violates or will violate, results or will result in a breach of, or constitutes or will constitute a default under, any provision of Operator's memorandum and articles of association, any law, judgment, order, decree, rule or regulation of any court, administrative agency or other instrumentality of any Governmental Authority or of any other material agreement or instrument to which Operator is a party.