Common use of Power to Perform Obligations Clause in Contracts

Power to Perform Obligations. The Company represents that: (a) the Company has full power and legal right to enter into this Agreement and perform its obligations hereunder; (b) the making and performance of this Agreement by the Company has been duly authorized by all necessary action and will not conflict with or constitute a breach of or default under its articles of incorporation or by-laws or any agreement, bond, contract, indenture, or other instrument by which the Company or any of its properties is or may be subject or bound; (c) the Company is duly qualified to do business in the Commonwealth, has the power and authority to own its properties and assets and to carry on its business as now being conducted; and (d) The execution and delivery of this Agreement and the other instruments and agreements executed and delivered by the Company in connection with the Loan and the issuance of the Bonds and the Letter of Credit, and the performance by the Company of its obligations under this Agreement and each such other instrument or agreement, (i) do not and will not in any material respect conflict with or violate any provision of law or any rule, regulation, order of court, or order of or agreement with any governmental body or agency applicable to the Company or the Project Facilities, (ii) do not and will not result in the creation or imposition of any lien, charge or encumbrance of any nature, other than the liens created by this Agreement, the Indenture and such other instruments and agreements, upon the Project Facilities or any other property or asset of the Company.

Power to Perform Obligations. The Company represents that: (a) the Company The Borrower covenants and represents that it has full power and legal right to enter into this Agreement and perform its obligations hereunder; (b) the . The making and performance of this Agreement by the Company has Borrower have been duly authorized by all necessary action and will not conflict with or constitute a breach of or default under its articles certificate of incorporation or by-laws organization, or any agreement, bond, contract, indenture, agreement or any other instrument by which the Company Borrower or any of its properties is or may be subject or bound;. (cb) the Company The Borrower is duly qualified to do business in the CommonwealthState, has the power and authority to own its properties and assets and to carry on its business as now being conducted; and. (dc) The execution execution, delivery and delivery performance by the Borrower of this Agreement and the other instruments and agreements executed and delivered by the Company in connection with the Loan and the issuance of the Bonds and the Letter of Credit, and the performance by the Company of its obligations under this Agreement and each such other instrument or agreement, required hereunder: (i) do not and will not in any material respect conflict with or violate any provision of law law, rule or any rule, regulation, any order of court, any court or order other agency of or agreement with any governmental body or agency applicable to the Company or the Project Facilities, government; and (ii) do not and will not result in the creation or imposition of any lien, charge or encumbrance of any nature, other than the liens created by this Agreement, the Indenture and such other all documents and instruments and agreements, upon the Project Facilities executed in connection herewith or any other property or asset of the Companytherewith.