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 Delaware and CCFC is a limited partnership duly constituted, validly existing, and in good standing under the laws of the State of Delaware. Both the Facility Lessee and CCFC are duly licensed or qualified and in good standing in each jurisdiction where the character of their respective properties or the nature of their activities makes such qualification necessary, and each of the Facility Lessee and CCFC 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. Each of the Facility Lessee and CCFC is an indirect wholly-owned subsidiary of Calpine.