Representations and Covenants of the Issuer. The Issuer hereby represents and warrants to the Company as of the Closing Date and as of each Contribution Date:
Representations and Covenants of the Issuer. (a) The Issuer represents and covenants that:
Representations and Covenants of the Issuer. Section 6.01 Nonconsolidation .............................................11 Section 6.02 No Bankruptcy Petition Against the Company ...................12
Representations and Covenants of the Issuer. The Issuer represents that it is duly organized and existing under the Act, that it has duly accomplished all conditions precedent necessary to be accomplished by it prior to issuance and delivery of the Bonds and execution and delivery of this Agreement and the Indenture, that it is not in default under any of the provisions contained in the laws of the State or any agreement to which it is a party in any manner which would impair its ability to carry out its obligations hereunder, that it has power to enter into and perform the transactions contemplated by this Agreement and the Indenture, that it has been duly authorized to execute, deliver and perform this Agreement and the Indenture, and that it will not voluntarily take any action that would adversely affect its existence. The Issuer will not knowingly take any affirmative action or omit to take any action within its control, which act or omission will adversely affect the exclusion from gross income for federal income tax purposes of interest paid on the Bonds, and in the event it should unknowingly do so or omit to do so, will promptly upon having such event brought to its attention take such reasonable actions as may rescind or otherwise negate its unknowing action or omission.
Representations and Covenants of the Issuer. Section 6.1.General Limitation; Issuer's Representation.
Representations and Covenants of the Issuer. The Issuer represents that (a) it is duly organized and validly existing under the Constitution and laws of the State, including the Act; (b) it has duly accomplished all conditions necessary to be accomplished by it prior to the issuance and delivery of the Bonds and the execution and delivery of this Agreement, the Indenture and the Tax Regulatory Agreement; (c) it is not in violation of or in conflict with any provisions of the laws of the State which would impair its ability to carry out its obligations contained in this Agreement, the Indenture or the Tax Regulatory Agreement; (d) it is empowered to enter into the transactions contemplated by this Agreement, the Indenture and the Tax Regulatory Agreement; (e) it has duly authorized the execution, delivery and performance of this Agreement, the Indenture and the Tax Regulatory Agreement; (f) to the best of its knowledge and belief, based upon the application submitted by the Company, and other representations made, information presented and testimony given by the Company, the Bonds will further the public purposes of the Act and of the Issuer; and (g) it will do all things in its power in order to maintain its existence or assure the assumption of its obligations under this Agreement, the Indenture and the Tax Regulatory Agreement by any successor public body.
Representations and Covenants of the Issuer. Section 3.01. Representations and Warranties of the Issuer..................................................36 Section 3.02. Affirmative Covenants of the Issuer...........................................................40 Section 3.03. Negative Covenants of the Issuer..............................................................42 Section 3.04. Protection of Pledged Assets..................................................................43 Section 3.05. Opinions as to Pledged Assets.................................................................44 Section 3.06. Obligations Regarding Servicing of Receivables................................................44 Section 3.07. Separate Existence of the Issuer..............................................................45
Representations and Covenants of the Issuer. Section 3.01. Representations and Warranties of the Issuer 26 Section 3.02. Affirmative Covenants of the Issuer 29
Representations and Covenants of the Issuer. The Issuer represents and covenants that all Warrant Exercised Units will, when issued, be validly issued, fully paid and nonassessable (except to the extent such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware Revised Uniform Limited Partnership Act). Upon the exercise of this Warrant, the issuance of the Warrant Exercised Units will not be subject to any preemptive or similar rights, other than pursuant to Section 5.8 of the Fifth A/R Partnership Agreement, if applicable.
Representations and Covenants of the Issuer. The Issuer represents and covenants to the Borrower and the Trustee as follows:
