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This excerpt taken from the MPZ 8-K filed Jul 17, 2008. Representations and Warranties. The Debtor represents, warrants, and agrees that: (i) except with respect to the Senior Lien, no financing statement or other lien notice covering any portion of the Collateral is on file in any public office; (ii) the Debtor is and at all times will be the lawful owner of all Collateral, free of all liens and claims whatsoever except the Senior Lien and the Lien; (iii) the Debtor has full power and authority to execute this Agreement and to perform the Debtor's obligations hereunder, and to subject the Collateral to the Lien; (iv) all information with respect to Collateral set forth in any schedule, certificate or other writing at any time heretofore, and all other written information
heretofore or hereafter furnished by the Debtor to the Secured Party is and will be true and correct in all respects as of the date furnished; (v) the Locations include the address at which any portion of the Collateral is located and Debtor will immediately notify Secured Party of any other location at which any portion of the Collateral is hereafter located; and (vi) there is no litigation or regulatory complaint against the Debtor or affecting or relating to the Collateral or any portion thereof which is pending or threatened as of this date other than as set forth on Exhibit "E" of the Assignment Agreement.
This excerpt taken from the MPZ 10-Q filed Nov 14, 2007. 5. Representations and Warranties
5.1 Representations and Warranties of Gateway. Gateway represents and warrants that:
5.1.1 Gateway owns the Licensed Marks and has the right to grant the rights given to MPC in this Agreement; and
5.1.2 Gateway has the requisite corporate power and authority to enter into this Agreement and to consummate the transactions contemplated thereby.
5.2 Representations and Warranties of MPC. MPC represents and warrants that:
5.2.1 MPC’s uses of the Licensed Marks will be limited to, and consistent with, the purpose of this Agreement; and
5.2.2 MPC has the requisite corporate power and authority to enter into this Agreement and to consummate the transactions contemplated thereby.
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