Guarantor’s Representations. Guarantor represents and warrants that (i) Guarantor has taken all necessary action to authorize the execution, delivery and performance of this Amendment, (ii) this Amendment has been duly executed and delivered by or on behalf of Guarantor and constitutes the legal, valid and binding obligation of Guarantor enforceable against Guarantor in accordance with its terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles, (iii) no Event of Default has occurred and is continuing, and no Event of Default will occur as a result of the execution, delivery and performance by Guarantor of this Amendment, and (iv) any consent, approval, authorization, order, registration or qualification of or with any Governmental Authority required for the execution, delivery and performance by Guarantor of this Amendment has been obtained and is in full force and effect (other than consents, approvals, authorizations, orders, registrations or qualifications that if not obtained, are not reasonably likely to have a Material Adverse Effect).
Guarantor’s Representations. Guarantor does hereby represent and warrant that:
(a) Guarantor is comprised of individuals and the trustees of trusts who have the power to enter into this Guaranty and neither this Guaranty nor the agreements herein contained contravene or constitute a default under any agreement, instrument or indenture to which Guarantor is a party; and
(b) The execution of this Guaranty and the assumption by Guarantor of its obligations hereunder will result in a direct financial benefit to Guarantor.
Guarantor’s Representations. The Guarantor hereby authorizes Owner to use reasonable and necessary means, including any consumer reporting agency, current and previous employer, current and former landlord, law enforcement agency, any check authorization agency, and state employment security agency, to release all information any of them may have about Guarantor. The Guarantor hereby releases all of these parties, including but not limited to the Owner and any agency designated by Owner, from any liability in connection with release of such information. The Guarantor hereby authorizes Owner to obtain and hereby instructs any consumer reporting agency designated by Owner to furnish a consumer report under The Fair Credit Reporting Act to Owner to use such consumer report in attempting to collect any amounts due and owing under the Housing Contract or the Guaranty of Resident Obligations or for any other permissible purpose. Owner may report unpaid rent, damages or other charges owed by Resident to the applicable credit reporting agencies for recordation on Guarantor’s credit record.
Guarantor’s Representations. Guarantor represents and warrants that: (a) no representations or agreements of any kind have been made to the Guarantor which would limit or qualify in any way the terms of this Guarantee; (b) the Guarantor has not and will not, without CoBank’s prior written consent, sell, lease, assign, encumber, hypothecate, transfer or otherwise dispose of any of the Guarantor’s assets, or any interest therein, other than in the ordinary course of business; (c) CoBank has made no representation to the Guarantor as to the creditworthiness of the Borrower; (d) the Guarantor will provide to CoBank financial and credit information in form acceptable to CoBank, including balance sheets and income statements no less frequently than annually, as soon as they become available, not later than 120 days after each fiscal year end or at such other times as CoBank may request.
Guarantor’s Representations. Guarantor represents and warrants to Buyer, as of the date hereof and as of the Closing Date, as follows:
Guarantor’s Representations. The Guarantor shall submit the Original Lender the representations of circumstances specified in this Article 3. The Original Lender relies on such representations of circumstances of the Guarantor, and their credibility is of fundamental importance to the Original Lender.
Guarantor’s Representations. Guarantor hereby represents and warrants to Buyer that, as of the Amendment Effective Date, the Guarantor is in compliance with all of the terms and provisions set forth in the Guaranty. Guarantor has taken all necessary action to authorize the execution, delivery and performance of this Amendment. This Amendment has been duly executed and delivered by or on behalf of Guarantor and constitutes the legal, valid and binding obligation of Guarantor enforceable against Guarantor in accordance with its terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles. No Event of Default has occurred and is continuing, and no Event of Default will occur as a result of the execution, delivery and performance by Guarantor of this Amendment. Any consent, approval, authorization, order, registration or qualification of or with any Governmental Authority required for the execution, delivery and performance by Guarantor of this Amendment has been obtained and is in full force and effect (other than consents, approvals, authorizations, orders, registrations or qualifications that if not obtained, are not reasonably likely to have a Material Adverse Effect).
Guarantor’s Representations. Each Guarantor severally, and also jointly with the other Guarantor, represents and warrants to the Project Company as of the date hereof that:
(a) each Guarantor is a [public limited company] duly organised, validly existing under the laws of [ ] and has full power, authority and legal rights to execute and deliver, and to perform its obligations under, this Guarantee Agreement;
(b) each Guarantor has taken all necessary corporate and legal action to authorise the guarantee hereunder on the terms and conditions of this Guarantee Agreement and to authorise its execution, delivery and performance of this Guarantee Agreement.
(c) this Guarantee Agreement has been duly executed and delivered by each Guarantor, and constitutes the legal, valid and binding obligation of each Guarantor, enforceable against each Guarantor, except as such enforcement may be limited by (i) applicable bankruptcy, insolvency, reorganisation, moratorium or other laws affecting the rights of creditors generally, and (ii) general principles of equity.
Guarantor’s Representations. Guarantor has taken all necessary action to authorize the execution, delivery and performance of this Amendment. This Amendment has been duly executed and delivered by or on behalf of Guarantor and constitutes the legal, valid and binding obligation of Guarantor enforceable against Guarantor in accordance with its terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles. No Event of Default has occurred and is continuing, and no Event of Default will occur as a result of the execution, delivery and performance by Guarantor of this Amendment. Any consent, approval, authorization, order, registration or qualification of or with any Governmental Authority required for the execution, delivery and performance by Guarantor of this Amendment has been obtained and is in full force and effect (other than consents, approvals, authorizations, orders, registrations or qualifications that if not obtained, are not reasonably likely to have a Material Adverse Effect).
Guarantor’s Representations. The Guarantor represents and warrants as of the date hereof to the Guaranteed Parties that:
(a) the Guarantor is a corporation duly organized, validly existing and in good standing under the laws of Ireland, and has full power, authority and legal right to execute and deliver, and to perform its obligations under, this Guarantee;
(b) the Guarantor has taken all necessary corporate and legal action to authorize the guarantee hereunder on the terms and conditions of this Guarantee and to authorize its execution, delivery and performance;
(c) this Guarantee has been duly executed and delivered by a duly authorized officer or representative of the Guarantor, and constitutes the legal, valid and binding obligation of the Guarantor, enforceable against the Guarantor in accordance with its terms;
(d) the execution, delivery and performance of this Guarantee will not constitute a default under or violate any provision of any law or regulation, or any judgment or order of any court, arbitrator or governmental authority, in each case applicable to the Guarantor, or the certificate of incorporation or by-laws of the Guarantor, or any agreement to which the Guarantor is a party; and
(e) no consent of any other Person, and no consent, license, permit, approval or authorization of, exemption by, notice or report to, or registration, filing or declaration with, any governmental authority, bureau or agency is required in connection with the execution delivery, performance, validity or enforceability with respect to the Guarantor of this Guarantee.
