Representations and Warranties Anatomy

Representations and Warranties Anatomy™ →Go uptown Representations and warranties generally | Representations | Warranties | Covenants | Acknowledgements | Representations in the ISDA | Warranties in the GMSLA | Representations in the GMRA | Waiver by estoppel | AcknowledgementCommon representations: Status | Capacity | Authority | No violation | Consents | Obligations binding | Principal | Understanding | Non-reliance | No representation | Unencumbered owner | No default or potential event of default | No litigation | No fiduciary obligation | Representations and warranties Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

• Absence of litigation

• Status. It is duly organised and validly existing under the laws of its jurisdiction and is in good standing;
• Powers. It has the power to execute, deliver and perform this agreement and has done everything needed to do so;
• No breach. Its execution, delivery and performance does not breach law, its constitutional documents, or any court or government order or contractual restriction affecting it or its assets;
• Consents. It has all regulatory approvals needed to enter and perform this agreement and they remain unconditional and in full force; and
• Obligations binding. Its obligations are its legal, valid and binding obligations, enforceable in accordance with their terms (subject to general laws affecting creditors’ rights and equitable principles).
• No default or potential default