Representations, Warranties and Covenants of the Agents. (a) The Canadian Agent hereby represents, warrants and covenants to the Company that: (i) it is and will remain so, while this Agreement remains in effect, appropriately registered under applicable Canadian Securities Laws so as to permit it to lawfully fulfill its obligations hereunder with respect to the sale of Offered Shares in Canada; (ii) it has good and sufficient right and authority to enter into this Agreement and complete the transactions contemplated under this Agreement on the terms and conditions set forth herein; and (iii) it will comply with applicable Canadian Securities Laws in connection with the transactions contemplated under this Agreement in all jurisdictions in which the Offered Shares may be sold. (b) Each U.S. Agent hereby represents, warrants and covenants to the Company that: (i) it is and will remain so, while this Agreement remains in effect, appropriately registered under applicable U.S. Securities Laws so as to permit it to lawfully fulfill its obligations hereunder with respect to the sale of Offered Shares in the United States; (ii) it has good and sufficient right and authority to enter into this Agreement and complete the transactions contemplated under this Agreement on the terms and conditions set forth herein; and (iii) it will comply with applicable U.S. Securities Laws in connection with the transactions contemplated under this Agreement in all jurisdictions in which the Offered Shares may be sold.
Appears in 2 contracts
Sources: Equity Distribution Agreement (SolarBank Corp), Equity Distribution Agreement (SolarBank Corp)
Representations, Warranties and Covenants of the Agents. (a) The Canadian Agent hereby represents, warrants and covenants to the Company that:
(i) it is and will remain so, while this Agreement remains in effect, appropriately registered under applicable Canadian Securities Laws so as to permit it to lawfully fulfill its obligations hereunder with respect to the sale of Offered Shares in Canada;
(ii) it has good and sufficient right and authority to enter into this Agreement and complete the transactions contemplated under this Agreement on the terms and conditions set forth herein; and
(iii) it will comply with applicable Canadian Securities Laws in connection with the transactions contemplated under this Agreement in all jurisdictions in which the Offered Shares may be sold.
(b) Each The U.S. Agent hereby represents, warrants and covenants to the Company that:
(i) it is and will remain so, while this Agreement remains in effect, appropriately registered under applicable U.S. Securities Laws so as to permit it to lawfully fulfill its obligations hereunder with respect to the sale of Offered Shares in the United States;
(ii) it has good and sufficient right and authority to enter into this Agreement and complete the transactions contemplated under this Agreement on the terms and conditions set forth herein; and
(iii) it will comply with applicable U.S. Securities Laws in connection with the transactions contemplated under this Agreement in all jurisdictions in which the Offered Shares may be sold.
Appears in 1 contract