Common use of Representations and Warranties of the Governmental Lender Clause in Contracts

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter city, municipal corporation, and political subdivision duly organized and existing under its charter and the Constitution and laws of the State. (b) The Governmental Lender has all necessary power and authority to issue the Governmental Notes and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Funding Loan are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender to that end has been duly and validly taken. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To the actual knowledge of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of the Governmental Lender contemplated thereby and the fulfillment of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreement.

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter citymunicipal corporation duly organized, municipal corporation, validly existing and political subdivision duly organized and existing in good standing under its charter and the Constitution and laws of the State. (b) The Governmental Lender has all necessary power and authority to issue execute and deliver the Governmental Notes Note and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Funding Loan are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender to that end has been duly and validly taken. THE GOVERNMENTAL LENDER MAKES NO REPRESENTATION, COVENANT OR AGREEMENT AS TO THE FINANCIAL POSITION OR BUSINESS CONDITION OF THE BORROWER OR THE PROJECT AND DOES NOT REPRESENT OR WARRANT AS TO ANY STATEMENTS, MATERIALS, REPRESENTATIONS OR CERTIFICATIONS FURNISHED BY THE BORROWER IN CONNECTION WITH THE FUNDING LOAN OR AS TO THE CORRECTNESS, COMPLETENESS OR ACCURACY THEREOF. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To the actual knowledge of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of the Governmental Lender contemplated thereby and the fulfillment of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreement.

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter citymunicipal corporation duly organized, municipal corporation, validly existing and political subdivision duly organized and existing in good standing under its charter and the Constitution and laws of the State. (b) The Governmental Lender has all necessary power and authority to issue execute and deliver the Governmental Notes Note and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues Revenues and assets pledged for the repayment of the Funding Loan Pledged Security are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender requested to be taken by the Funding Lender to that end has been duly and validly taken. THE GOVERNMENTAL LENDER MAKES NO REPRESENTATION, COVENANT OR AGREEMENT AS TO THE FINANCIAL POSITION OR BUSINESS CONDITION OF THE BORROWER OR THE PROJECT AND DOES NOT REPRESENT OR WARRANT AS TO ANY STATEMENTS, MATERIALS, REPRESENTATIONS OR CERTIFICATIONS FURNISHED BY THE BORROWER IN CONNECTION WITH THE FUNDING LOAN OR AS TO THE CORRECTNESS, COMPLETENESS OR ACCURACY THEREOF. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To the actual knowledge of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of the Governmental Lender contemplated thereby and the fulfillment of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreement.

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter citynonprofit corporation duly organized, municipal corporation, validly existing and political subdivision duly organized and existing in good standing under its charter and the Constitution and laws of the State. (b) The Governmental Lender has all necessary power and authority to issue the Governmental Notes Note and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Funding Loan are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender to that end has been duly and validly taken. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To , and assuming due authorization, execution and delivery by the actual knowledge other parties thereto, constitute valid and binding obligations of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of enforceable against the Governmental Lender contemplated thereby in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium or other laws affecting creditors’ rights generally and the fulfillment application of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreementequitable principles.

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter city, municipal corporation, public and political subdivision duly organized and existing under its charter and the Constitution and laws official agency of the State. (b) The Governmental Lender has all necessary power and authority to issue the Governmental Notes Note and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Funding Loan are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender to that end has been duly and validly taken. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To , and assuming due authorization, execution and delivery by the actual knowledge other parties thereto, constitute valid and binding obligations of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of enforceable against the Governmental Lender contemplated thereby in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium or other laws affecting creditors’ rights generally and the fulfillment application of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreementequitable principles.

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter citypublic body corporate and politic duly created, municipal corporation, and political subdivision duly organized and existing under its charter and the Constitution and laws of the State. (b) The Governmental Lender has all necessary power and authority to issue the Governmental Notes Note and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Funding Loan are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender to that end has been duly and validly taken. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To , and assuming due authorization, execution and delivery by the actual knowledge other parties hereto and thereto, constitute valid and binding obligations of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of enforceable against the Governmental Lender contemplated thereby in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium or other laws affecting creditors’ rights generally and the fulfillment application of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreementequitable principles.

Representations and Warranties of the Governmental Lender. The Governmental Lender hereby represents and warrants as follows: (a) The Governmental Lender is a home rule charter cityhousing finance corporation duly organized, municipal corporation, validly existing and political subdivision duly organized and existing in good standing under its charter and the Constitution and laws of the State. (b) The Governmental Lender has all necessary power and authority to issue the Governmental Notes Note and to execute and deliver this Funding Loan Agreement, the Project Loan Agreement and the other Financing Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Funding Loan are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Funding Loan Agreement, and all action on the part of the Governmental Lender to that end has been duly and validly taken. (d) The Financing Documents to which the Governmental Lender is a party have been validly authorized, executed and delivered by the Governmental Lender. (e) To , and assuming due authorization, execution and delivery by the actual knowledge other parties thereto, constitute valid and binding obligations of the Governmental Lender, the execution and delivery of the Governmental Notes and this Funding Loan Agreement, the consummation of the transactions on the part of enforceable against the Governmental Lender contemplated thereby in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium or other laws affecting creditors’ rights generally and the fulfillment application of or compliance with the terms and conditions thereof do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Governmental Lender is now a party or by which it is bound, nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets of the Governmental Lender under the terms of any instrument or agreementequitable principles.