Representations and Covenants of the Borrower. { TC \l2 "Section
Representations and Covenants of the Borrower. 8.1. The Borrower is duly incorporated and validly existing, and has the full capacity for civil rights and capacity for civil conduct to enter into and perform this Contract, and the capacity to invest in and operate the loan project.
8.2. The Borrower fully understands the content of this Contract, enters into and performs this Contract based on its true intention, and has obtained all the consents, approvals and authorization necessary for its execution and performance of this Contract. The execution and performance of this Contract by the Borrower will be free from any legal defect.
8.3. All the documents, statements, data (including the data of transactions with the counterparties) and information provided by the Borrower in the application for the Loan and during the execution and performance of this Contract are and will be true, accurate, complete and valid. The Borrower has not omitted to provide or concealed any information that may affect the Lender’s assessment of its financial condition or solvency or the conditions of the loan project.
8.4. The loan project complies with the industrial, land, environmental protection and other relevant policies of the State, and has completed the legal management procedures in respect of fixed asset investment project. The loan project and the purpose of the loan comply with the requirements of the relevant laws and regulations.
8.5. If the Borrower has entered or will enter into any counter guarantee agreement or similar agreement with the security provider hereunder in respect of its obligation of guarantee, such agreement will not damage any right of the Lender hereunder.
8.6. The Borrower covenants that the loan project will always meet the following requirements prior to the full repayment of the principal of the Loan and interest thereon:
1) the progress of the project will not fall behind the use of the Loan funds;
2) other funds for the project will be available on time and be used in the same proportion as the Loan funds;
3) the environmental protection facilities and the principal part of the project will be designed, constructed and put into use synchronically;
4) the project complies with all the applicable regulations of the State regarding energy saving and emission reduction; and
5) after being completed, the project will pass environmental impact assessment in a timely manner.
8.7. The debts owed to the Lender shall be discharged prior to the loans provided by the shareholders of the Borrower ...
Representations and Covenants of the Borrower. As an inducement to the other Parties to enter into this Bond Purchase Agreement, the Borrower represents, warrants, and covenants as follows:
(a) The Borrower is a limited liability company duly organized and in good standing under the laws of the State of Wisconsin.
(b) The Borrower is licensed or qualified to do business in the State of Wisconsin and each other state in which the ownership of property or the transaction of business by the Borrower requires that the Borrower be licensed or qualified and in which failure to qualify or be licensed could have a material adverse effect on the business or financial condition of the Borrower.
(c) The Borrower has full right, power, and authority to enter into, execute and deliver this Bond Purchase Agreement and the other Borrower Documents and to perform its obligations hereunder and thereunder.
(d) The Borrower Representatives are authorized for and in the name of the Borrower to execute, deliver, and perform the obligations of the Borrower under this Bond Purchase Agreement and the other Borrower Documents and to execute, deliver, file, or record such other incidental papers, documents, and instruments as shall be necessary to carry out the intention and purposes of this Bond Purchase Agreement.
(e) No authorization, approval, consent, or license of any governmental body or authority, not already obtained, is required for the valid and lawful execution and delivery by the Borrower of this Bond Purchase Agreement and the other Borrower Documents and the assumption by the Borrower of its obligations hereunder and thereunder.
(f) The execution and delivery by the Borrower of this Bond Purchase Agreement and the other Borrower Documents and the performance by the Borrower hereunder and thereunder will not conflict with or constitute a breach of or default under the Borrower’s Limited Liability Company Agreement or Bylaws, or any indenture, agreement, or other instrument to which the Borrower or its consolidated subsidiary is a party or by which either of them or their properties are bound or are subject.
(g) No event has occurred which, with the lapse of time or the giving of notice or both, would give any creditor of the Borrower the right to accelerate the maturity of any of the Borrower’s outstanding indebtedness for money borrowed.
(h) Except as disclosed in writing to the Underwriter or Underwriter’s Counsel, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by...
Representations and Covenants of the Borrower. Representations of Borrower 9 Payment of Series 2022A Promissory Note 9 No Event of Default 9 Social Bond Designation Disclosures 9 ARTICLE IV MISCELLANEOUS Ratification of Original Loan Agreement 10 Binding Effect 10 Severability Clause 10 Execution in Counterparts 11 Exhibit A – Form of Series 2022A Promissory Note Exhibit B – Form of Requisition – Series 2022A Bonds
Representations and Covenants of the Borrower. Section 4.01 Reliance on Representations and Compliance with Covenants
Representations and Covenants of the Borrower. The Borrower makes the following representations and covenants as the basis for the undertakings of the Borrower as herein contained:
(a) The Borrower, which is a Minnesota corporation duly created and validly existing under the laws of the State, is not in violation of any provision of its articles of incorporation, as amended, has the power to enter into this Agreement, the Note and the Security Instruments and to
Representations and Covenants of the Borrower. The Borrower makes the following representations and covenants as the basis for the undertakings of the Borrower as herein contained:
(a) The Borrower, which is a Minnesota corporation duly created and validly existing under the laws of the State, is not in violation of any provision of its articles of incorporation, as amended, has the power to enter into this Agreement, the Note and the Security Instruments and to borrow money pursuant hereto and who has duly executed and delivered this Agreement, the Note and the Security Instruments. The Borrower constitute an "eligible small business" and a "business" as defined in the Act and are eligible for "special assistance" as defined in the Act.
Representations and Covenants of the Borrower. The Borrower makes the following representations and covenants as the basis for the undertakings on its part herein contained.
(a) The Borrower is a Kansas limited partnership and (i) has been duly created under the laws of the State of Kansas; and (ii) has power and lawful authority to enter
(b) Neither the execution and delivery of this Agreement, the Facility Note or the Mortgage, the consummation of the transactions contemplated hereby or thereby nor the fulfillment of or compliance with the provisions of this Agreement, the Facility Note or the Mortgage will, in any material respect, conflict with or result in a breach of any of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Borrower is a party or by which it or the Facility is bound, or will constitute a default under any of the foregoing, or result in the creation or imposition of any Lien of any nature upon any of the Property of the Borrower under the terms of any such instrument or agreement.
Representations and Covenants of the Borrower. The Borrower makes the following representations and covenants as the basis for the undertakings on its part herein contained.
(a) The Borrower is a Missouri limited partnership an (i) has been duly created under the laws of the State of Missouri; and (ii) has power and lawful authority to
(b) Neither the execution and delivery of this Agreement, the Facility Note or the Mortgage, the consummation of the transactions contemplated hereby or thereby nor the fulfillment of or compliance with the provisions of this Agreement, the Facility Note or the Mortgage will, in any material respect, conflict with or result in a breach of any of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Borrower is a party or by which it or the Facility is bound, or will constitute a default under any of the foregoing, or result in the creation or imposition of any Lien of any nature upon any of the Property of the Borrower under the terms of any such instrument or agreement.
Representations and Covenants of the Borrower. The Borrower makes the following representations as the basis for its covenants herein:
(1) The Borrower (i) is a Nevada corporation, validly existing and in good standing under the laws of the State of Nevada, (ii) is qualified to do business in the State of Wyoming, and (iii) is either qualified to do business and is in good standing in each jurisdiction where the ownership of its properties or the conduct of its business requires such qualification or is subject to no material liability or disability by reason of the failure to be so qualified in any such jurisdiction.
(2) The Borrower, a uranium company principally focused on commercial in-situ recovery (ISR) uranium production of its properties in the Powder River Basin area of Wyoming, operates in two segments: Arkose Mining Venture and the Corporation’s remaining operations. The Arkose Mining Venture was formed pursuant to the Arkose Mining Venture Agreement. United Nuclear (19% participating interest) and the Borrower (81% participating interest) are the participants in the Arkose Mining Venture (collectively the “Participants”) and the Borrower is the Manager. United Nuclear and the Borrower both own or control certain properties in Cxxxxxxx and Jxxxxxx Counties, State of Wyoming. Pursuant to Section 3.4 of the Arkose Mining Venture Agreement, title to the Assets (as defined therein) of the Arkose Mining Venture is held in the name of the Borrower, beneficially on behalf of each Participant, as their participating interests are determined pursuant to the Arkose Mining Venture Agreement. The Borrower is currently constructing its Nxxxxxx Ranch Project, as described in EXHIBIT A hereto. Arkose Mining Venture Unpatented Mining Claims (in the name of the Borrower) and the Borrower’s Unpatented Mining Claims relating to the Nxxxxxx Ranch Project, located in Jxxxxxx County, Wyoming, and Cxxxxxxx County, Wyoming, are set forth in EXHIBIT A of the Mortgage.
(3) Borrower is in full compliance with applicable Environmental Laws and Borrower has obtained all permits, licenses, mining claims, leases, surface rights, agreements, and approvals from federal, state, and local authorities as necessary (as listed in EXHIBIT G hereto) for the operations of the Project and for the mining, extraction, processing and transportation of uranium and all Hazardous Substances related to the Project.
(4) There are no citations, notices of violation, investigations, or inquiries, by any governmental authority, nor any pending...