REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor does hereby represent, warrant and covenant that: (a) the Purchase Agreement is in full force and effect, the Assignor is not in default thereunder and to the best of the Assignor's knowledge, the Vendor is not in default thereunder; (b) the Assignor has not assigned or pledged, and hereby covenants that it will not assign or pledge so long as this Assignment shall remain in effect, the whole or any part of the rights hereby assigned to anyone other than the Assignee; (c) except for the Purchase Agreement, the Assignor is not a party to or a beneficiary of any document, instrument or other agreement pursuant to which any other party has made any representation or warranty or granted any indemnity or any other type of protection with respect to the Equipment; (d) the Purchase Agreement has not been amended, modified, supplemented, restated and/or replaced at any time; and (e) the Assignor shall not agree to any amendment, modification, supplementation, restatement and/or replacement to the Purchase Agreement without the prior written consent of the Assignee and any such amendment, modification, supplementation, restatement and/or replacement entered into without such consent from the Assignee shall be deemed null and void.
Appears in 2 contracts
Sources: Participation Agreement (Coca Cola Bottling Co Consolidated /De/), Participation Agreement (Coca Cola Bottling Co Consolidated /De/)