Common use of Grantee Representations and Warranties Clause in Contracts

Grantee Representations and Warranties. The Grantee hereby represents and warrants that: a. The execution and delivery of this Grant Agreement has been duly authorized by all necessary Grantee action and are not in contravention of law or in contravention of the provisions of any indenture agreement or undertaking to which the Grantee is a party or by which it is bound. b. There is no action, suit proceeding, or investigation at law or in equity or before any court, public board or body pending, or to the knowledge of the Grantee, threatened against or affecting it that could or might adversely affect the Project or any of the transactions contemplated by this Grant Agreement the validity or enforceability of this Grant Agreement, or the abilities of the Grantee to discharge their obligations under this Grant Agreement. If it is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development of the Project, DIT may require repayment from the Grantee based on Section 6 of this Grant Agreement and this Grant Agreement may be terminated by DIT effective upon notice. c. No consent or approval is necessary from any governmental authority as a condition to the execution and delivery of this Grant Agreement by the Grantee or the performance of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. The Grantee shall provide DIT with evidence of the existence of any such necessary consents or approvals at the time of the execution of this Grant Agreement. d. The Grantee is solvent, is financially capable of performing the Project responsibilities, is a going concern, is duly authorized to do business under North Carolina law, and is not delinquent on any federal, state, or local taxes, licenses, or fees. If it is subsequently found that the Grantee was not solvent, was not financially capable of performing its Project responsibilities, was delinquent on its federal, state or local taxes, licenses or fees or, if applicable, was not a going concern or was not duly authorized to do business under North Carolina law, DIT may require repayment from the Grantee based on the Section 6 of this Grant Agreement.

Grantee Representations and Warranties. The Grantee hereby represents makes the following representations and warrants thatwarranties: a. A. If applicable, the Grantee has been duly chartered and is in good standing under the laws of the State of its charter with the power and authority to perform its obligations under this Grant Agreement, the RBS letter of conditions, the Program Regulations, and other official guidance. B. This Grant Agreement and the RBS letter of conditions have been duly authorized, executed, and delivered by the Grantee and such documents constitute the legal and binding agreements of the Grantee, enforceable against the Grantee in accordance with their respective terms, subject to applicable bankruptcy, reorganization, insolvency, moratorium and other laws of general application relating to or affecting creditor's rights generally. C. The execution and or the delivery by the Grantee of this Grant Agreement has been duly authorized and the RBS letter of conditions; the consummation of the transactions contemplated herein or therein; and the fulfillment by all necessary the Grantee action and are of the terms hereof or thereof, do not conflict with or violate, result in contravention a breach of or constitute a default under any term or provision of the charter or organizational documents, as applicable of the Grantee or any law or in contravention of regulation or any court or regulatory body having jurisdiction over the provisions Grantee, or the terms of any indenture indenture, deed of trust, mortgage, note, note agreement or undertaking instrument to which the Grantee is a party or by which it any of its properties is bound. The Grantee has not received any notice from any other party to any of the foregoing that a default has occurred or that any event or condition exists that with the giving of notice or lapse of time or both would constitute such a default. b. There is no actionX. Xx approval, suit proceedingauthorization, consent, order, registration, filing, qualification, license or investigation at law permit of or in equity with any state or before any court, public board Federal court or governmental agency or body pending, or to having jurisdiction over the knowledge of Grantee is required by the Grantee, threatened against or affecting it that could or might adversely affect Grantee for the Project or any consummation by the Grantee of the transactions contemplated by this Grant Agreement or the validity RBS letter of conditions except such as have been obtained. E. There is no pending or enforceability of threatened action, suit or proceeding before any court or governmental agency, authority or body or any arbitrator concerning the Grantee, this Grant Agreement, Agreement or the abilities RBS letter of conditions which, if adversely determined, would have a material adverse effect on the Grantee Grantee's ability to discharge their perform its obligations under this Grant Agreement. If it is subsequently found that an actionAgreement and the RBS letter of conditions. F. All information, suitreports, proceeding, or investigation did or could threaten or affect and other papers and data furnished to RBS by the development Grantee concerning the application of the ProjectGrantee for the Grant were, DIT may require repayment from at the Grantee based on Section 6 of this Grant Agreement time the same were so furnished, complete and this Grant Agreement may be terminated by DIT effective upon notice. c. No consent or approval is necessary from any governmental authority as a condition correct in all material respects to the execution extent necessary to give RBS a true and delivery accurate knowledge of this the subject matter and no document furnished or other written statement made to RBS in connection with the Grant Agreement by contains any untrue statement of a fact material to the financial condition of the Grantee or the performance Project or omits to state such a material fact necessary in order to make the statements contained therein not misleading. G. That no adverse actions have occurred since the application was approved. No material changes will be made in the Project without prior approval of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. RBS. H. The Grantee shall provide DIT with evidence is in compliance with, and will comply in the course of the existence of any such necessary consents or approvals at the time of the execution of Grant Agreement with, all applicable laws, regulations, Executive Orders, and other generally applicable requirements governing this Grant Agreement. d. I. The Grantee is solvent, is financially capable of performing will use grant and matching funds only for the Project responsibilities, is a going concern, is duly authorized to do business under North Carolina law, purposes and is activities specified in the application and budget approved by the Grantor. Any uses not delinquent on any federal, state, or local taxes, licenses, or fees. If it is subsequently found that provided for in the Grantee was not solvent, was not financially capable of performing its Project responsibilities, was delinquent on its federal, state or local taxes, licenses or fees or, if applicable, was not a going concern or was not duly authorized to do business under North Carolina law, DIT may require repayment from approved budget must be approved in writing by the Grantee based on the Section 6 of this Grant AgreementGrantor.

Grantee Representations and Warranties. The Grantee hereby represents makes the following representations and warrants thatwarranties: a. A. If applicable, the Grantee has been duly chartered and is in good standing under the laws of the State of its charter with the power and authority to perform its obligations under this Grant Agreement, the RBS letter of conditions, the Program Regulations, and other official guidance. B. This Grant Agreement and the RBS letter of conditions have been duly authorized, executed, and delivered by the Grantee and such documents constitute the legal and binding agreements of the Grantee, enforceable against the Grantee in accordance with their respective terms, subject to applicable bankruptcy, reorganization, insolvency, moratorium and other laws of general application relating to or affecting creditor's rights generally. C. The execution and or the delivery by the Grantee of this Grant Agreement has been duly authorized and the RBS letter of conditions; the consummation of the transactions contemplated herein or therein; and the fulfillment by all necessary the Grantee action and are of the terms hereof or thereof, do not conflict with or violate, result in contravention a breach of or constitute a default under any term or provision of the charter or organizational documents, as applicable of the Grantee or any law or in contravention of regulation or any court or regulatory body having jurisdiction over the provisions Grantee, or the terms of any indenture indenture, deed of trust, mortgage, note, note agreement or undertaking instrument to which the Grantee is a party or by which it any of its properties is bound. The Grantee has not received any notice from any other party to any of the foregoing that a default has occurred or that any event or condition exists that with the giving of notice or lapse of time or both would constitute such a default. b. There is no actionD. No approval, suit proceedingauthorization, consent, order, registration, filing, qualification, license or investigation at law permit of or in equity with any state or before any court, public board Federal court or governmental agency or body pending, or to having jurisdiction over the knowledge of Grantee is required by the Grantee, threatened against or affecting it that could or might adversely affect Grantee for the Project or any consummation by the Grantee of the transactions contemplated by this Grant Agreement or the validity RBS letter of conditions except such as have been obtained. E. There is no pending or enforceability of threatened action, suit or proceeding before any court or governmental agency, authority or body or any arbitrator concerning the Grantee, this Grant Agreement, Agreement or the abilities RBS letter of conditions which, if adversely determined, would have a material adverse effect on the Grantee Grantee's ability to discharge their perform its obligations under this Grant Agreement. If it is subsequently found that an actionAgreement and the RBS letter of conditions. F. All information, suitreports, proceeding, or investigation did or could threaten or affect and other papers and data furnished to RBS by the development Grantee concerning the application of the ProjectGrantee for the Grant were, DIT may require repayment from at the Grantee based on Section 6 of this Grant Agreement time the same were so furnished, complete and this Grant Agreement may be terminated by DIT effective upon notice. c. No consent or approval is necessary from any governmental authority as a condition correct in all material respects to the execution extent necessary to give RBS a true and delivery accurate knowledge of this the subject matter and no document furnished or other written statement made to RBS in connection with the Grant Agreement by contains any untrue statement of a fact material to the financial condition of the Grantee or the performance Project or omits to state such a material fact necessary in order to make the statements contained therein not misleading. G. That no adverse actions have occurred since the application was approved. No material changes will be made in the Project without prior approval of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. RBS. H. The Grantee shall provide DIT with evidence is in compliance with, and will comply in the course of the existence of any such necessary consents or approvals at the time of the execution of Grant Agreement with, all applicable laws, regulations, Executive Orders, and other generally applicable requirements governing this Grant Agreement. d. I. The Grantee is solvent, is financially capable of performing will use grant and matching funds only for the Project responsibilities, is a going concern, is duly authorized to do business under North Carolina law, purposes and is activities specified in the application and budget approved by the Grantor. Any uses not delinquent on any federal, state, or local taxes, licenses, or fees. If it is subsequently found that provided for in the Grantee was not solvent, was not financially capable of performing its Project responsibilities, was delinquent on its federal, state or local taxes, licenses or fees or, if applicable, was not a going concern or was not duly authorized to do business under North Carolina law, DIT may require repayment from approved budget must be approved in writing by the Grantee based on the Section 6 of this Grant AgreementGrantor.