Developer’s Representations and Warranties. Developer makes the following representations and warranties to the City, each of which shall survive the execution and delivery of this Agreement: A. Developer is a limited partnership duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by Developer, and to enter into the transactions contemplated by this Agreement. B. Developer’s execution, delivery and performance of this Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Developer or Developer’s property may be bound or affected. C. Except as otherwise previously or concurrently disclosed to the City in writing, there are no actions, suits or proceedings now pending or (to the best of Developer’s knowledge) now threatened against or affecting Developer or its property before any court of law or equity or any administrative board or tribunal or before or by any governmental authority which would prohibit, restrict or otherwise interfere with Developer’s ability to enter this Agreement or carry out the provisions of this Agreement. D. This Agreement constitutes the valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally.
Appears in 6 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Developer’s Representations and Warranties. Developer makes the following representations and warranties to the City, each of which shall survive the execution and delivery of this Agreement:
A. Developer is a limited partnership duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by the Developer, and to enter into the transactions contemplated by this Agreement.
B. Developer’s execution, delivery deliver and performance of this Second Amended Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Developer or Developer’s property may be bound or affected.
C. Except as otherwise previously or concurrently disclosed to the City in writing, there are no actions, suits or proceedings now pending or (to the best of Developer’s knowledge) now threatened against against, or affecting Developer or its property before any court of law or equity or any administrative board or tribunal or before or by any governmental authority which would prohibit, restrict or otherwise interfere with Developer’s ability to enter this Agreement or carry out the provisions of this Agreement.
D. This Agreement constitutes the valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally.
Appears in 1 contract
Samples: Development Agreement
Developer’s Representations and Warranties. Developer makes the following representations and warranties to the City, each of which shall survive the execution and delivery of this Agreement:
A. Developer is a limited partnership liability company duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by Developer, and to enter into the transactions contemplated by this Agreement.
B. Developer’s 's execution, delivery and performance of this Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Developer or Developer’s property may be bound or affected.,
C. Except as otherwise previously or concurrently disclosed to the City in writing, there are no actions, suits or proceedings now pending or (to the best of Developer’s 's knowledge) now threatened against or affecting Developer or its property before any court of law or equity or any administrative board or tribunal or before or by any governmental authority which would prohibit, restrict or otherwise interfere with Developer’s 's ability to enter this Agreement or carry out the provisions of this Agreement.
D. This Agreement constitutes the valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally.
Appears in 1 contract
Samples: Development Agreement
Developer’s Representations and Warranties. Developer makes the following representations and warranties to the City, each of which shall survive the execution and delivery of this Amended Agreement:
A. Developer is a limited partnership liability company duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by the Developer, and to enter into the transactions contemplated by this Amended Agreement.
B. Developer’s execution, delivery deliver and performance of this Amended Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Developer or Developer’s property may be bound or affected.
C. Except as otherwise previously or concurrently disclosed to the City in writing, there are no actions, suits or proceedings now pending or (to the best of Developer’s knowledge) now threatened against against, or affecting Developer or its property before any court of law or equity or any administrative board or tribunal or before or by any governmental authority which would prohibit, restrict or otherwise interfere with Developer’s ability to enter this Amended Agreement or carry out the provisions of this Agreement.
D. This Amended Agreement constitutes the valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally.
Appears in 1 contract
Samples: Development Agreement
Developer’s Representations and Warranties. Developer makes the following representations and warranties to the City, each of which shall survive the execution and delivery of this Agreement:
A. Developer X. Xxxxxxxxx is a limited partnership duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by the Developer, and to enter into the transactions contemplated by this Agreement.
B. Developer’s X. Xxxxxxxxx‟s execution, delivery deliver and performance of this Second Amended Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Developer or Developer’s Developer‟s property may be bound or affected.
C. Except as otherwise previously or concurrently disclosed to the City in writing, there are no actions, suits or proceedings now pending or (to the best of Developer’s Developer‟s knowledge) now threatened against against, or affecting Developer or its property before any court of law or equity or any administrative board or tribunal or before or by any governmental authority which would prohibit, restrict or otherwise interfere with Developer’s Developer‟s ability to enter this Agreement or carry out the provisions of this Agreement.
D. This Agreement constitutes the valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally.
Appears in 1 contract
Samples: Development Agreement
Developer’s Representations and Warranties. Developer makes the following representations and warranties to the City, each of which shall survive the execution and delivery of this Agreement:
A. : Developer is a limited partnership liability company duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by Developer, and to enter into the transactions contemplated by this Agreement.
B. . Developer’s 's execution, delivery and performance of this Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Developer or Developer’s 's property may be bound or affected.
C. . Except as otherwise previously or concurrently disclosed to the City in writing, there are no actions, suits or proceedings now pending or (to the best of Developer’s 's knowledge) now threatened against or affecting Developer or its property before any court of law or equity or any administrative board or tribunal or before or by any governmental authority which would prohibit, restrict or otherwise interfere with Developer’s 's ability to enter this Agreement or carry out the provisions of this Agreement.
D. . This Agreement constitutes the valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally.
Appears in 1 contract
Samples: Development Agreement