Common use of Representations and Warranties of the Client Clause in Contracts

Representations and Warranties of the Client. 19.1 The Client represents and warrants that he/she/it is duly authorized, eligible and competent to enter into this Agreement and appoint Portfolio Manager to manage the Assets of the Account. 19.2 The Client having agreed to avail the services offered by the Portfolio Manager shall be deemed to have satisfied eligibility in this respect. The Client shall at all times comply with all relevant laws, rules and regulations as may apply to his/her/its portfolio, or dealing therein 19.3 The Client hereby warrants and represents to the Portfolio Manager that cash corpus/securities handed over to the Portfolio Manager upon execution hereof, absolutely belongs to him/her/it and there is no encumbrance on the same, of whatsoever nature and he/she/it shall not create any encumbrance on the assets whether by way of pledge, lien. Mortgage, hypothecation or any other charge, during the tenure of the Agreement and shall also at all times comply with all relevant laws, rules and regulations as may apply to his/her/its dealings therein. 19.4 The Client warrants that all information which he/she/it has provided to the Portfolio Manager in relation to his/her/its status, including in particular his/her/its residence and domicile for taxation purpose is complete and correct and agrees to provide any further information, if required by any competent authority or the Portfolio Manager. The Client hereby agrees and undertakes to notify the Portfolio Manager forthwith if there is any change in any such information provided. 19.5 The Client Understands and agrees that the Services provided by the Portfolio Manager to the Client are not deemed to be exclusive, the Portfolio Manager being free to render investment advisory, portfolio management and/or other services to other Clients. 19.6 In the event of any change in the constitution, identity by change of name and/or residential status of the Client during the Tenure of this Agreement, it shall be the duty of the Client to keep the Portfolio Manager duly informed of such changes. The Portfolio Manager shall seek advice or appropriate directions where required, from competent authority, under applicable laws, with regard to the continuation of this Agreement and other Agreements with the Client, if any affected by such change under the applicable law.

Appears in 1 contract

Sources: Portfolio Management Services Agreement

Representations and Warranties of the Client. 19.1 24.1 The Client represents and warrants that he/she/it is duly authorized, eligible and competent to enter into this Agreement and appoint the Portfolio Manager to manage the Assets of the Account. 19.2 , and notice of such appointment has been given (or concurrently herewith is being given) to the Custodian. The Client having agreed to avail the services offered by the Portfolio Manager shall be deemed to have satisfied himself with regard to eligibility in this respect. The Client shall at all times comply be in compliance with all relevant laws, rules and regulations as may apply to his/her/its portfolio, or dealing therein. 19.3 24.2 The Client also warrants that the Portfolio Manager shall have full authority to execute in the name and on behalf of the Client, all necessary deeds, documents, writings, forms, applications, as may be necessary to be filed with any company, banks and other financial organizations, institutions, depository participants, government bodies, or departments in any manner relating to the management of the Account and to take all necessary actions to enable the Portfolio Manager to effectively exercise the authority conferred in hereto and for any incidental and consequential actions. 24.3 The Client hereby warrants and represents to the Portfolio Manager that cash corpus/securities handed over to the Portfolio Manager upon execution hereof, absolutely belongs to him/her/it and there is no encumbrance on the same, of whatsoever nature nature, and he/she/it shall not create any encumbrance on the assets whether by way of pledge, lien. Mortgage, mortgage, hypothecation or any other charge, during the tenure currency of the this Agreement and shall also at all times comply with all the relevant laws, rules and regulations as may apply to his/his/ her/its dealings therein. 19.4 24.4 The Client warrants that all information which he/she/it has provided to the Portfolio Manager in relation to his/her/its status, including in particular his/her/its residence and domicile for taxation purpose purpose, is complete and correct and agrees to provide any further information, if required by any competent authority or the Portfolio Manager. The Client hereby agrees and undertakes to notify the Portfolio Manager forthwith if there is any change in any such information provided. 19.5 24.5 The Client Understands shall not acquire any rights against the Portfolio Manager except as expressly conferred on such Client hereby, nor shall the Portfolio Manager be bound to make payment to the Client, except out of the funds held by it for the purpose under the provisions of these presents. 24.6 Except the companies/bodies corporate stated in Schedule 2 forming part of this Agreement, the Client is not privy to or does not have access, directly or indirectly to price sensitive information of any other company/body corporate. 24.7 The Portfolio Manager shall deal exclusively with the Client in respect of this Agreement and shall, under no circumstances, recognize or take cognizance of any privity of contract between the Client and any other person, or entity in respect of this Agreement except in cases of duly constituted attorney(s) and/or authorised agent(s) notified in writing to the Portfolio Manager by the Client, who will be recognized strictly for the limited purpose of representing the Client under this Agreement. The decisions and directions of such duly constituted attorney / authorized agent (s) given to the Portfolio Manager and consequent actions/results thereof shall be binding on the Client. 24.8 In the case of further placement of funds in the Account by the same Client on one or more occasion (s) or on a continual basis, each such placement of funds shall be for a minimum period as may be prescribed by SEBI from time to time and shall be subject to the terms herein contained. Availing of the Services provided under this Agreement is not and shall not be, in any manner or for any purpose whatsoever, inter changeable with participation in the service under any other agreement or arrangement. 24.9 The Client understands and agrees that the Services provided by the Portfolio Manager to the Client are not deemed to be exclusive, the Portfolio Manager being free to render investment advisory, portfolio management and/or other services to other Clientsclients. Directors, officers and employees of the Portfolio Manager, and the Portfolio Manager and its clients, are or may become interested in the Client as a shareholder or otherwise. 19.6 24.10 In the event of any change including in the constitution, identity by change of name and/or and / or residential status of the Client during the Tenure currency of this Agreement, it shall be the duty of the Client to keep the Portfolio Manager duly informed of such changesa change. The Portfolio Manager shall seek advice or appropriate directions where required, from competent authority, under applicable laws, with regard to the continuation of this Agreement and other Agreements agreements with the Client, if any affected by such a change under the applicable law. 24.11 The Client undertakes to maintain the Minimum Participation Amount.

Appears in 1 contract

Sources: Discretionary Portfolio Management Agreement

Representations and Warranties of the Client. 19.1 The Client represents and warrants that he/she/it is duly authorized, eligible and competent to enter into this Agreement and appoint Portfolio Manager to manage the Assets of the Account. 19.2 The Client having agreed to avail the services offered by the Portfolio Manager shall be deemed to have satisfied eligibility in this respect. The Client shall at all times comply with all relevant laws, rules and regulations as may apply to his/her/its portfolio, or dealing therein 19.3 The Client hereby warrants and represents to the Portfolio Manager that cash corpus/securities handed over to the Portfolio Manager upon execution hereof, absolutely belongs to him/her/it and there is no encumbrance on the same, of whatsoever nature and he/she/it shall not create any encumbrance on the assets whether by way of pledge, lien. Mortgage, mortgage, hypothecation or any other charge, during the tenure of the Agreement and shall also at all times comply with all relevant laws, rules and regulations as may apply to his/her/its dealings therein. 19.4 The Client warrants that all information which he/she/it has provided to the Portfolio Manager in relation to his/her/its status, including in particular his/her/its residence and domicile for taxation purpose is complete and correct and agrees to provide any further information, if required by any competent authority or the Portfolio Manager. The Client hereby agrees and undertakes to notify the Portfolio Manager forthwith if there is any change in any such information provided. 19.5 The Client Understands understands and agrees that the Services services provided by the Portfolio Manager to the Client are not deemed to be exclusive, the Portfolio Manager being free to render investment advisory, portfolio management and/or other services to other Clients. 19.6 In the event of any change in the constitution, identity by change of name and/or residential status of the Client during the Tenure of this Agreement, it shall be the duty of the Client to keep the Portfolio Manager duly informed of such changes. The Portfolio Manager shall seek advice or appropriate directions where required, from competent authority, under applicable laws, with regard to the continuation of this Agreement and other Agreements with the Client, if any affected by such change under the applicable law.

Appears in 1 contract

Sources: Portfolio Management Services Agreement

Representations and Warranties of the Client. 19.1 The Client represents and warrants that he/shehe /she/it is duly authorized, eligible and competent to enter into in to this Agreement and appoint Portfolio Manager to manage the Assets of the Account. 19.2 . The Client having agreed to avail the services offered by the Portfolio Manager shall be deemed to have satisfied eligibility in this respect. The Client shall at all times comply with all relevant laws, rules and regulations as may apply to his/her/its portfolio, or dealing therein. 19.2 The Client also warrants that the Portfolio Manager shall have full authority to execute in the name and on behalf of the Client, all necessary deeds, documents, writings, forms, applications, as may be necessary to file with any company, banks and other financial organizations, institutions, securities registrars, depository participants, government bodies, or departments in any manner relating to the management of the Account and to take all necessary actions which enables the Portfolio Manager to effectively exercise the authority conferred in here to and for any incidental and consequential actions. 19.3 The Client hereby here by warrants and represents to the Portfolio Manager that cash corpus/securities handed over to the Portfolio Manager upon execution hereofhere of, absolutely belongs to him/her/it and there is no encumbrance on the same, of whatsoever nature what so ever nature, and he/she/it shall not create any encumbrance on the assets whether by way of pledge, lien. Mortgage, mortgage, hypothecation or any other charge, during the tenure of the this Agreement and shall also at all times comply with all relevant laws, rules and regulations as may apply to his/her/its dealings thereinthere in. 19.4 The Client warrants that all information which he/she/it has provided to the Portfolio Manager in relation to his/her/its status, including in particular his/her/its residence and domicile for taxation purpose purpose, is complete and correct and agrees to provide any further information, if required by any competent authority or the Portfolio Manager. The Client hereby agrees and undertakes to notify the Portfolio Manager forthwith forth with if there is any change in any such information provided. 19.5 The Client Understands understands and agrees that the Services provided by the Portfolio Manager to the Client are not deemed to be exclusive, the Portfolio Manager being free to render investment advisory, portfolio management and/or other services to other Clients. 19.6 In the event of any change in the constitution, identity by change of name and/or residential status of the Client during the Tenure tenure of this Agreement, it shall be the duty of the Client to keep the Portfolio Manager duly informed of such changes. The Portfolio Manager shall seek advice or appropriate directions where required, from competent authority, under applicable laws, with regard to the continuation of this Agreement and other Agreements with the Client, if any affected by such a change under the applicable law. 19.7 The Client undertakes to maintain the Minimum Participation Amount as specified in the Product Paper.

Appears in 1 contract

Sources: Portfolio Management Service Agreement