Common use of Representation and Warranties of the TSP Clause in Contracts

Representation and Warranties of the TSP. 17.2.1 The TSP hereby represents and warrants to and agrees with the Nodal Agency as follows and acknowledges and confirms that the Nodal Agency is relying on such representations and warranties in connection with the transactions described in this Agreement: a. It has all requisite powers and has been duly authorized to execute and consummate this Agreement; b. This Agreement is enforceable against it, in accordance with its terms; c. The consummation of the transactions contemplated by this Agreement on the part of the TSP will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, agreement, license, permit, evidence of indebtedness, restriction, or other contract to which the TSP is a Party or to which the TSP is bound which violation, default or power has not been waived; d. The TSP is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against the TSP; e. There are no actions, suits, claims, proceedings or investigations pending or, to the best of the TSP’s knowledge, threatened in writing against the TSP at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgments, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this Agreement. 17.2.2 The TSP makes all the representations and warranties above to be valid as on the Effective Date of this Agreement.

Representation and Warranties of the TSP. 17.2.1 The TSP hereby represents and warrants to and agrees with the Nodal Agency Long Term Transmission Customers as follows and acknowledges and confirms that the Nodal Agency Long Term Transmission Customers is relying on such representations and warranties in connection with the transactions described in this Agreement: a. It has all requisite powers and has been duly authorized to execute and consummate this Agreement; b. This Agreement is enforceable against it, it in accordance with its terms; c. The consummation of the transactions contemplated by this Agreement on the part of the TSP will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, agreement, license, permit, evidence of indebtedness, restriction, or other contract to which the TSP is a Party or to which the TSP is bound which violation, default or power has not been waived; d. The TSP is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against the TSP; e. There are no actions, suits, claims, proceedings or investigations pending or, to the best of the TSP’s knowledge, threatened in writing against the TSP at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgments, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this Agreement. 17.2.2 . The TSP makes all the representations and warranties above to be valid as on the Effective Date date of this Agreement.

Representation and Warranties of the TSP. 17.2.1 The TSP hereby represents and warrants to and agrees with the Nodal Agency Long Term Transmission Customers as follows and acknowledges and confirms that the Nodal Agency Long Term Transmission Customers is relying on such representations and warranties in connection with the transactions described in this Agreement: a. It has all requisite powers and has been duly authorized to execute and consummate this Agreement; b. This Agreement is enforceable against it, it in accordance with its terms; c. The consummation of the transactions contemplated by this Agreement on the part of the TSP will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, agreement, license, permit, evidence of indebtedness, restriction, or other contract to which the TSP is a Party or to which the TSP is bound which violation, default or power has not been waived; d. The TSP is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against the TSP; e. There are no actions, suits, claims, proceedings or investigations pending or, to the best of the TSP’s TSP‟s knowledge, threatened in writing against the TSP at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgments, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this Agreement. 17.2.2 . The TSP makes all the representations and warranties above to be valid as on the Effective Date date of this Agreement.

Representation and Warranties of the TSP. 17.2.1 The TSP hereby represents and warrants to and agrees with the Nodal Agency Long Term Transmission Customers as follows and acknowledges and confirms that the Nodal Agency Long Term Transmission Customers is relying on such representations and warranties in connection with the transactions described in this Agreement: a. It has all requisite powers and has been duly authorized to execute and consummate this Agreement; b. This Agreement is enforceable against it, it in accordance with its terms; c. The consummation of the transactions contemplated by this Agreement on the part of the TSP will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, agreement, license, permit, evidence of indebtedness, restriction, or other contract to which the TSP is a Party or to which the TSP is bound which violation, default or power has not been waived; d. The TSP is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against the TSP; e. There are no actions, suits, claims, proceedings or investigations pending or, to the best of the TSP’s knowledge, threatened in writing against the TSP at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgments, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this Agreement. f. deleted. g. The TSP makes all the representations and warranties above to be valid as on the date of this Agreement. 17.2.2 The TSP makes all the representations and warranties above to be valid as on the Effective Date date of this Agreement.

Representation and Warranties of the TSP. 17.2.1 The TSP hereby represents and warrants to and agrees with the Nodal Agency Long Term Transmission Customers as follows and acknowledges and confirms that the Nodal Agency Long Term Transmission Customers is relying on such representations and warranties in connection with the transactions described in this Agreement: a. It has all requisite powers and has been duly authorized to execute and consummate this Agreement; b. This Agreement is enforceable against it, it in accordance with its terms; c. The consummation of the transactions contemplated by this Agreement on the part of the TSP will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, agreement, license, permit, evidence of indebtedness, restriction, or other contract to which the TSP is a Party or to which the TSP is bound which violation, default or power has not been waived; d. The TSP is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against the TSP; e. There are no actions, suits, claims, proceedings or investigations pending or, to the best of the TSP’s TSP‟s knowledge, threatened in writing against the TSP at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgments, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this Agreement. 17.2.2 The TSP makes all the representations and warranties above to be valid as on the Effective Date of this Agreement.

Representation and Warranties of the TSP. 17.2.1 The TSP hereby represents and warrants to and agrees with the Nodal Agency Long Term Transmission Customers as follows and acknowledges and confirms that the Nodal Agency Long Term Transmission Customers is relying on such representations and warranties in connection with the transactions described in this Agreement: a. It has all requisite powers and has been duly authorized to execute and consummate this Agreement; b. This Agreement is enforceable against it, it in accordance with its terms; c. The consummation of the transactions contemplated by this Agreement on the part of the TSP will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, agreement, license, permit, evidence of indebtedness, restriction, or other contract to which the TSP is a Party or to which the TSP is bound which violation, default or power has not been waived; d. The TSP is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against the TSP; e. There are no actions, suits, claims, proceedings or investigations pending or, to the best of the TSP’s TSP‟s knowledge, threatened in writing against the TSP at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgments, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this Agreement. 17.2.2 The TSP makes all the representations and warranties above to be valid as on the Effective Date date of this Agreement.