Frontier Airlines 2011 Annual Report Download - page 202
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provisions hereof specifically including all waivers, releases and remunerations by the Buyer set out herein.
22.5 Certain Representations of the Parties
22.5.1 Buyer’s Representations
The Buyer represents and warrants to the Seller:
(i) the Buyer is a corporation organized and existing in good standing under the laws of the State of Delaware and has the
corporate power and authority to enter into and perform its obligations under this Agreement;
(ii) neither the execution and delivery by the Buyer of this Agreement, nor the consummation of any of the transactions by the
Buyer contemplated thereby, nor the performance by the Buyer of the obligations thereunder, constitutes a breach of any
agreement to which the Buyer is a party or by which its assets are bound;
(iii) this Agreement has been duly authorized, executed and delivered by the Buyer and constitutes the legal, valid and binding
obligation of the Buyer enforceable against the Buyer in accordance with its terms.
22.5.2 Seller’s Representations
The Seller represents and warrants to the Buyer:
(i) the Seller is organized and existing in good standing under the laws of the Republic of France and has the corporate power and
authority to enter into and perform its obligations under the Agreement;
(ii) neither the execution and delivery by the Seller of this Agreement, nor the consummation of any of the transactions by the
Seller contemplated thereby, nor the performance by the Seller of the obligations thereunder, constitutes a breach of any
agreement to which the Seller is a party or by which its assets are bound;
(iii) this Agreement has been duly authorized, executed and delivered by the Seller and constitutes the legal, valid and binding
obligation of the Seller enforceable against the Seller in accordance with its terms.
22.6 Interpretation and Law
22.6.1 THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED AND THE PERFORMANCE THEREOF WILL
BE DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING
EFFECT TO ITS CONFLICTS OF LAWS PROVISIONS THAT WOULD RESULT IN THE APPLICATION OF THE
LAW OF ANY OTHER JURISDICTION.
* Confidential