Developer’s Representations. Developer represents and warrants to Agency as follows:
Developer’s Representations. All representations and warranties of Developer contained in this Agreement shall be accurate as of the Closing Date.
Developer’s Representations. Developer represents and warrants to City as follows:
Developer’s Representations. AND UNDERTAKINGS
Developer’s Representations. Developer hereby represents and warrants that:
a. Developer is the owner of the real property for which this Agreement is made;
b. Any streets and/or easements in which the District will be required to maintain its facilities have been or will be dedicated as public streets or recorded as sanitary sewer easements in the office of the appropriate county recorder;
c. The District has been granted, or is hereby granted, the full right to enter at any time upon all property within the Development to operate, inspect, maintain, replace and/or remove the District’s sewer lines and facilities.
Developer’s Representations. Developer hereby acknowledges and represents to the District that:
a. Developer is the owner of the property described above and for which this Agreement is made;
b. Any streets and/or easements related to the property for which this Agreement is made, and in which the District will be required to install or maintain its facilities as a result of this Agreement have been dedicated as public streets or recorded as sanitary sewer easements in the Office of the Salt Lake County Recorder, State of Utah.
Developer’s Representations. Developer represents to the City as follows:
11.1.1 Developer is a limited liability company organized under the laws of the State of South Dakota and is, and will remain, in good standing;
11.1.2 Developer has the authority to enter into this Agreement and to perform the requirements of this Agreement without further action;
11.1.3 Developer’s performance under this Agreement will not violate any applicable judgment, order, law, or regulation, or previous obligation of Developer;
11.1.4 Developer’s performance under this Agreement will not result in the creation of any claim against the City for money or performance, any lien, charge, encumbrance or security interest upon any asset of the City; and
11.1.5 Developer has sufficient capital and financing to perform all of its obligations under this Agreement and the Project Plan.
Developer’s Representations. Developer represents and warrants as follows, and Developer covenants that until the expiration or earlier termination of this Agreement, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.1 not to be true, Developer shall immediately give written notice of such fact or condition to City. Developer acknowledges that City shall rely upon Xxxxxxxxx’s representations made herein notwithstanding any investigation made by or on behalf of City.
Developer’s Representations. Developer represents and warrants to the Coach Member, as of the date hereof, as follows:
(a) Developer is a limited liability company duly formed, validly existing and in good standing under the laws of the State of Delaware and has all requisite power and authority to carry on its business as now being conducted. Developer has the requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder. The execution, delivery and performance by Developer of this Agreement and the transactions contemplated hereby have been duly and validly authorized by all requisite organizational action (including such requisite action by the direct and indirect members of Developer). This Agreement has been duly executed and delivered by Developer. This Agreement constitutes a legal, valid and binding obligation of Developer enforceable against Developer in accordance with its terms.
(b) The execution and delivery of this Agreement by Developer and the consummation of the transactions contemplated hereby by Developer do not and will not (i) violate or conflict with the limited liability company agreement of Developer, (ii) violate or conflict with any judgment, decree or order of any court applicable to or affecting Developer, (iii) breach any provisions of, or constitute a default under, any contract, agreement, instrument or obligation to which Developer is a party or by which Developer is bound, or (iv) violate or conflict with any Laws applicable to Developer.
(c) No approval, authorization, consent or other actions by or filing with any third party or governmental agency or authority is required for the execution of this Agreement by Developer and the performance of Developer’s obligation hereunder, other than (i) any such approval, authorization, consent or other action or filing which has been obtained, taken or made, and (ii) building and other similar governmental permits or approvals which, in accordance with best construction practices in New York City for similar first class projects, will be obtained in the regular course of construction of the Project and which are not otherwise required under the Loan Documents as a condition precedent to the initial advance of the Third Party Loan.
(d) Neither Developer nor any of its constituent owners have engaged in any dealings or transactions, directly or indirectly, (i) in contravention of any U.S., international or other money laundering regulations or conventions, including, ...
Developer’s Representations. Developer hereby makes the following representations and warranties to Public Service:
a. Developer warrants that the person signing this Contract on behalf of Developer is individually authorized and competent to sign this Contract and to bind Developer to the terms hereof.
b. Developer will own and/or operate the PV System at the Service Address set forth above, and the primary business at the Service Address is not the generation of electricity for retail or wholesale sale.
c. The proposed PV System nameplate capacity in kilowatts (kW) DC does not exceed the Service Address service entrance capacity.
d. If any of the above representations of the Developer are false or incorrect, such false or incorrect representation shall constitute an event of default under this Contract.
