Jumia Technologies AG 6-K March 18, 2021 08:28
(w) Accuracy of exposures. There is no contract or document that needs to be described in the registration statement, preliminary prospectus or prospectus or that needs to be filed as exhibits to the registration statement (those so filed, collectively, on? ?Documents filed??) which have not been so described and filed as required. Neither the Company nor any of its subsidiaries has sent or received any communication regarding the termination or, if applicable, the intention not to renew, any of the documents filed, and no termination or non-renewal has been threatened by the Company or one of its subsidiaries or, to the best knowledge of the Company, by any other party to such a contract or agreement.
(X) No additional requirements. No filing, authorization, approval, consent, license, order, registration, qualification or decree of any government entity is necessary or required for the authorization, performance and delivery or performance by the Company of its obligations. under this Agreement or for the offer, issue, sale or delivery of investment ADS or the completion of any transactions contemplated in this Agreement, except those which have already been obtained or which may be required under the 1933 Act, the 1933 Act Regulations, the NYSE rules, the securities laws of any state or non-US jurisdiction or the rules of the Financial Industry Regulatory Authority, Inc. (??FINRA??).
(y) Possession of licenses and permits. The Company and its subsidiaries, if any, possess such permits, licenses, approvals, consents and other authorizations (collectively, the “ Government Licenses ”) issued by the appropriate government entities necessary for the conduct of the business currently operated by them. , except when the failure to comply with this property cannot reasonably be expected to have, individually or in aggregate, a material adverse effect. The Company and its subsidiaries, if any, are and have been in compliance with the terms and conditions of all such government licenses, unless failure to comply with such licenses would not reasonably be expected to have, individually or in the aggregate , a reverse effect material. All government licenses are valid and in full force and effect, except where the invalidity of such government licenses or the fact that such government licenses are not in full force and effect would not reasonably be expected to have, singly or in whole. , a significant side effect. All requests, notifications, submissions, information, claims, reports and other data used as the basis for or submitted in connection with all government license applications were true, complete and correct in all material respects on the date of submission, and all necessary or required updates, changes, corrections or modifications of such requests, notifications, submissions, information, complaints, reports and data have been submitted to the government entity, unless failure to submit them would not, individually or globally. , cause a significant side effect. Neither the Company nor any subsidiary has received any notice of proceedings relating to the suspension, revocation or modification of these government licenses which, if they were the subject of a decision, decision or adverse conclusion, would reasonably be expected to have, in isolation or in the aggregate, a material adverse effect, and no event has occurred which permits, or after notice or a lapse of time, such suspension, revocation or modification.
(z) Property title. The Company and its subsidiaries, if applicable, hold valid and negotiable title to all real estate owned by it and good title to all other properties they own, in each case free and exempt from all mortgages, pledges, liens, sureties, claims, restrictions or charges of any kind, except those (A) described in the Registration Statement, the General Disclosure Package and the Prospectus or (B) do not affect, individually or globally, significantly the value of all these properties, taken as a whole and do not significantly interfere with the use made and proposed to be made of these properties by the Company or any of its subsidiaries. All leases and subleases material to the activities of the Company and its subsidiaries, if any, considered as a single enterprise, and under which the Company or one of its subsidiaries holds property described in the registration statement, the general information dossier or the prospectus, are in full force and effect, and neither the Company nor any of its subsidiaries has been notified of any material claim of any kind whatsoever which has been invoked by anyone against their rights under any of the leases or sub-leases mentioned above or affecting or putting the rights to continued possession of the premises leased or sublet under such lease or under -location.
(aa) Intellectual property. The Company and its subsidiaries own or possess, or may acquire on reasonable terms, adequate patents, patent rights, licenses, inventions, copyrights, know-how (including, without limit, trade secrets and other proprietary or confidential unpatented and / or unpatentable information, systems or procedures), trademarks, service marks, trade names or other intellectual property (collectively, “ intellectual property ” ) necessary to carry on the business currently operated by them, and the company (i) has not received any notice or is otherwise aware of any infringement or conflict with the claimed rights of others in any intellectual property or of any fact or circumstance that would render any intellectual property invalid or inadequate to protect the interests of the company or any of its subsidiaries, and what infringement or conflict (if it is ob decision, judgment or unfavorable finding) or invalidity or insufficiency, alone or in the