Representations of all Parties. Each of the Parties represents and warrants that: (a) such party has the capacity to enter into and give full effect to this Agreement; (b) in the case of Parties other than natural persons, this Agreement has been duly authorized by it and, in all cases, this Agreement has been duly executed and delivered by such party and constitutes a valid and binding obligation enforceable against such party in accordance with its terms; and (c) in the case of Parties other than natural persons, the execution, delivery and performance of this Agreement does not and will not contravene the provisions of its articles, by-laws, constating documents or other organizational documents or the documents by which it was created or established and, in all cases, the execution, delivery and performance of this Agreement does not and will not contravene the provisions of any indenture, agreement or other instrument to which such party is a party or by which such party may be bound.
Appears in 2 contracts
Sources: Shareholder Agreement (Hostopia.com Inc.), Shareholder Agreement (Hostopia.com Inc.)