Common use of Representations and Warranties of the Facility Lessee Clause in Contracts

Representations and Warranties of the Facility Lessee. The Facility Lessee represents and warrants that as of the date of execution and delivery hereof and as of the Closing Date: Due Incorporation, etc. The Facility Lessee is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Wisconsin. The Facility Lessee is duly licensed or qualified and in good standing (as evidenced by a certificate of status issued by the Wisconsin Department of Financial Institutions) in each jurisdiction where the character of its properties or the nature of its activities makes such qualification necessary, and the Facility Lessee has the power and authority to (x) own or hold under lease the property it purports to own or hold under lease, (y) carry on its business as now being conducted and as presently proposed to be conducted and (z) take all actions as may be necessary to consummate the transactions contemplated hereunder and under the other Operative Documents to which each is a party. The Facility Lessee is an indirect wholly-owned subsidiary of Calpine.