Representations and Warranties of the BLPC. The BLPC represents and warrants to the RE Supplier, and acknowledges that the RE Supplier is relying on such representations and warranties in entering into the PPA: (a) It has the requisite power, authority and capacity to enter into the PPA and to carry out its obligations under the PPA. (b) The PPA has been duly authorized, executed, and delivered by it and, assuming the due execution and delivery by the other Party, the PPA constitutes the legal, valid and binding obligation enforceable against it in accordance with its terms, except as such enforcement may be limited by Insolvency Legislation or other laws affecting the rights of creditors generally and except that equitable remedies may only be granted in the discretion of a court of competent jurisdiction. (c) The execution and delivery of the PPA by it and the consummation of the transactions contemplated hereby will not result in the breach or violation of any of the provisions of, or constitute a default under, or conflict with or cause the termination, cancellation or acceleration of, its material obligations or any judgment, decree, order or award to which it is subject or any licence, permit, approval, consent or authorization held by it. (d) It is not subject to an Event of Insolvency. (e) There are no actions, suits, proceedings, judgments, rulings or orders by or before any Government Agency or arbitrator, or, to its knowledge, threatened against it, that could have a material adverse effect on its ability to perform its obligations under the PPA. (f) All requirements for it to make any declaration, filing or registration with, give any notice to, or to obtain any Permit from or of any Government Agency as a condition to entering into the PPA have been satisfied.
Appears in 1 contract
Sources: Renewable Energy Supplier Agreement
Representations and Warranties of the BLPC. The BLPC represents and warrants to the RE Supplier, and acknowledges that the RE Supplier is relying on such representations and warranties in entering into the PPA:
(a) It has the requisite power, authority and capacity to enter into the PPA and to carry out its obligations under the PPA.
(b) The PPA has been duly authorized, executed, and delivered by it and, assuming the due execution and delivery by the other Party, the PPA constitutes the legal, valid and binding obligation enforceable against it in accordance with its terms, except as such enforcement may be limited by Insolvency Legislation or other laws affecting the rights of creditors generally and except that equitable remedies may only be granted in the discretion of a court of competent jurisdiction.
(c) The execution and delivery of the PPA by it and the consummation of the transactions contemplated hereby will not result in the breach or violation of any of the provisions of, or constitute a default under, or conflict with or cause the termination, cancellation or acceleration of, its material obligations or any judgment, decree, order or award to which it is subject or any licence, permit, approval, consent or authorization held by it.
(d) It is not subject to an Event of Insolvency.
(e) There are no actions, suits, proceedings, judgments, rulings or orders by or before any Government Agency or arbitrator, or, to its knowledge, threatened against it, that could have a material adverse effect on its ability to perform its obligations under the PPA.
(f) All requirements for it to make any declaration, filing or registration with, give any notice to, or to obtain any Permit from or of any Government Agency as a condition to entering into the PPA have been satisfied.
Appears in 1 contract
Sources: Renewable Energy Supplier Agreement