By the Developer. The Developer represents, warrants, covenants and agrees as the basis for the undertakings on its part herein contained that: (1) The Developer is a limited liability company duly organized and existing under the laws of the State of Delaware and authorized to transact business in Missouri and has power to enter into, and by proper action has been duly authorized to execute, deliver and perform, this Agreement. (2) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement, conflicts with or results in a breach of any of the terms, conditions or provisions of any restriction, agreement or instrument to which the Developer is now a party or by which the Developer is bound. (3) There are no lawsuits either pending or threatened that would affect the ability of the Developer to proceed with the completion or operation of the District Project.
Appears in 5 contracts
Samples: District Project Agreement, District Project Agreement, District Project Agreement
