Representations, Warranties and Covenants. Each party hereto represents and warrants to and for the benefit of the other party that as of the date hereof and during the term hereof:
A.It is a corporation or limited liability company organized, validly existing and in good standing under the laws of the state where its principal office is located;
B.It has full authority and power to enter into this Agreement and to perform its obligation under this Agreement.
C.Its performance of this Agreement will not violate any applicable law or regulation or
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any agreement to which it may now be bound;
D.This Agreement represents its valid obligation and is fully enforceable against it; an
E.It is not a party to any pending litigation that would have an impact on this Agreement and has never been fined or penalized by Visa, MasterCard, NACHA or any other association in the credit
ISO covenants that during the term hereof and so long as it is bound by the non-interference provisions hereof, it shall:
payments or banking industry; and
A. Comply with any and all Program policies and guidelines established by Advantage Capital Funding from time to time and all applicable laws that govern its duties under this Agreement;
B. Accurately describe the Program when marketing and promoting the Program on behalf of Advantage Capital Funding, which includes, but is not limited to, not describing the Program as a loan program;
C. Immediately inform Advantage Capital Funding of any changes that become known to ISO with respect to ISO’s or any Seller’s address or ownership, or business operations that has a material impact on ISO’s performance of its obligations under this Agreement or Seller’s performance under any Seller Agreement;
D. Immediately inform Advantage Capital Funding of any pending or threatened litigation against ISO which relate to the Program;
E. Immediately inform Advantage Capital Funding in the event any regulatory authority, whether or not such regulatory authority is believed to have jurisdiction, begins any investigation or makes any inquiry of ISO, or commences or threatens to commence any legal proceedings which relate to the Program;
F. Deliver to Advantage Capital Funding all documents that Advantage Capital Funding may require as part of a Seller’s application, including, without limitation: Seller application form, Seller bank and/or payment card processing statement, and any other documents required Advantage Capital Funding to Advantage Capital Funding ’s guidelines, as they may be modified from time to time.