General Representation and Covenants Clause Samples

General Representation and Covenants. (1) The Tenant is a Delaware corporation, duly authorized and qualified to do business in the State of Kansas, with lawful power and authority to enter into this Lease, acting by and through its duly authorized officers. (2) The Tenant shall (i) maintain and preserve its existence and organization as a corporation and its authority to do business in the State and to operate the Project; (ii) shall not initiate any proceedings of any kind whatsoever to dissolve or liquidate without (a) securing the prior written consent thereto of the Issuer, and (b) making provision for the payment in full of the principal of and interest and redemption premium, if any, on the Bonds; and (iii) shall take appropriate steps to extend its corporate existence if necessary by reason of an impending expiration of its corporate existence while the Bonds are Outstanding. (3) Neither the execution or delivery of this Lease or the consummation of the transactions contemplated thereby or by the Indenture, nor the fulfillment of or compliance with the terms and conditions of this Lease, contravenes any provisions of Tenant's Certificate of Incorporation, or Bylaws or conflicts with or results in a breach of the terms, conditions or provisions of any mortgage, debt, agreement, indenture or instrument to which the Tenant is a party or by which it is bound, or to which it or any of its properties is subject, or would constitute a default (without regard to any required notice or the passage of any period of time) under any of the foregoing, or would result in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Tenant under the terms of any mortgage, debt, agreement, indenture or instrument, or violates any existing law, administrative regulation or court order or consent decree to which the Tenant is subject. (4) This Lease constitutes a legal, valid and binding obligation of the Tenant enforceable in accordance with its terms. (5) The Tenant agrees to operate and will operate the Project, or cause the Project to be operated, as a facility, as such term is contemplated in the Act, from the date of Issuer's acquisition of the Project to the end of the Lease Term. (6) The Tenant has obtained or will obtain any and all permits, authorizations, licenses and franchises to enable it to operate and utilize the Project for the purposes for which it is leased by the Tenant under this Lease. (7) The estimated total cost of refunding th...