Common use of Representations and Warranties of the Pollution Control Corporation Clause in Contracts

Representations and Warranties of the Pollution Control Corporation. The Pollution Control Corporation makes the following representations and warranties as the basis for the undertakings on the part of the Company contained herein: (a) The Pollution Control Corporation is an Arizona nonprofit corporation and a political subdivision of the State of Arizona created and existing under the Constitution and laws of the State of Arizona; (b) The Pollution Control Corporation has the power to enter into this Agreement and the Indenture and to perform and observe the agreements and covenants on its part contained herein and therein, including without limitation the power to issue and sell the Bonds as contemplated herein and in the Indenture, and by proper action has duly authorized the execution and delivery hereof and thereof; (c) The execution and delivery of this Agreement and the Indenture by the Pollution Control Corporation do not, and consummation of the transactions contemplated hereby and fulfillment of the terms hereof and thereof by the Pollution Control Corporation will not, result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or instrument to which the Pollution Control Corporation is now a party or by which it is now bound, or any order, rule or regulation applicable to the Pollution Control Corporation of any court or of any regulatory body or administrative agency or other governmental body having jurisdiction over the Pollution Control Corporation or over any of its properties, or the Constitution or laws of the State of Arizona; (d) No consent, approval, authorization or other order of any regulatory body or administrative agency or other governmental body is legally required for the Pollution Control Corporation's participation in the transactions contemplated by this Agreement, except such as may have been obtained or may be required under the securities laws of any jurisdiction; and (e) The Pollution Control Corporation has found and determined that all requirements of the Act with respect to the issuance of the Bonds and the execution and delivery of the Indenture and this Agreement have been complied with and that the refinancing of the Company's share of the cost of construction of the Facilities by issuing the Bonds and entering into the Indenture and this Agreement will be in furtherance of the purposes of the Act.

Representations and Warranties of the Pollution Control Corporation. The Pollution Control Corporation makes the following representations and warranties as the basis for the undertakings on the part of the Company contained herein: (a) The Pollution Control Corporation is an Arizona nonprofit corporation and a political subdivision of the State of Arizona created and existing under the Constitution and laws of the State of Arizona; (b) The Pollution Control Corporation has the power to enter into this Agreement and the Indenture and to perform and observe the agreements and covenants on its part contained herein and therein, including without limitation the power to issue and sell the Bonds as contemplated herein and in the Indenture, and by proper action has duly authorized the execution and delivery hereof and thereof; (c) The execution and delivery of this Agreement and the Indenture by the Pollution Control Corporation do not, and consummation of the transactions contemplated hereby and fulfillment of the terms hereof and thereof by the Pollution Control Corporation will not, result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or instrument to which the Pollution Control Corporation is now a party or by which it is now bound, or any order, rule or regulation applicable to the Pollution Control Corporation of any court or of any regulatory body or administrative agency or other governmental body having jurisdiction over the Pollution Control Corporation or over any of its properties, or the Constitution or laws of the State of Arizona; (d) No With the exception of the approval of the Coconino County Board of Supervisors obtained on November 16, 2010, no consent, approval, authorization or other order of any regulatory body or administrative agency or other governmental body is legally required for the Pollution Control Corporation's ’s participation in the transactions contemplated by this Agreement, except such as may have been obtained or may be required under the securities laws of any jurisdiction; and (e) The Pollution Control Corporation has found and determined that all requirements of the Act with respect to the issuance of the Bonds and the execution and delivery of the Indenture and this Agreement have been complied with and that the refinancing of the Company's share of the cost of construction of the Facilities by issuing the Bonds and entering into of the Indenture and this Agreement will be in furtherance of the purposes of the Act.

Representations and Warranties of the Pollution Control Corporation. The Pollution Control Corporation makes the following representations and warranties as the basis for the undertakings on the part of the Company contained herein: (a) The Pollution Control Corporation is an Arizona nonprofit corporation and a political subdivision of the State of Arizona created and existing under the Constitution and laws of the State of Arizona; (b) The Pollution Control Corporation has the power to enter into this Agreement and the Indenture and to perform and observe the agreements and covenants on its part contained herein and therein, including without limitation the power to issue and sell the Bonds as contemplated herein and in the Indenture, and by proper action has duly authorized the execution and delivery hereof and thereof; (c) The execution and delivery of this Agreement and the Indenture by the Pollution Control Corporation do not, and consummation of the transactions contemplated hereby and fulfillment of the terms hereof and thereof by the Pollution Control Corporation will not, result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or instrument to which the Pollution Control Corporation is now a party or by which it is now bound, or any order, rule or regulation applicable to the Pollution Control Corporation of any court or of any regulatory body or administrative agency or other governmental body having jurisdiction over the Pollution Control Corporation or over any of its properties, or the Constitution or laws of the State of Arizona; (d) No With the exception of the approval of the Coconino County Board of Supervisors obtained on April 15, 2008, no consent, approval, authorization or other order of any regulatory body or administrative agency or other governmental body is legally required for the Pollution Control Corporation's ’s participation in the transactions contemplated by this Agreement, except such as may have been obtained or may be required under the securities laws of any jurisdiction; and (e) The Pollution Control Corporation has found and determined that all requirements of the Act with respect to the issuance of the Bonds and the execution and delivery of the Indenture and this Agreement have been complied with and that the refinancing of the Company's share of the cost of construction of the Facilities by issuing the Bonds and entering into of the Indenture and this Agreement will be in furtherance of the purposes of the Act.

Representations and Warranties of the Pollution Control Corporation. The Pollution Control Corporation makes the following representations and warranties as the basis for the undertakings on the part of the Company contained herein: (a) The Pollution Control Corporation is an Arizona nonprofit corporation and a political subdivision of the State of Arizona created and existing under the Constitution and laws of the State of Arizona; (b) The Pollution Control Corporation has the power to enter into this Agreement and the Indenture and to perform and observe the agreements and covenants on its part contained herein and therein, including without limitation the power to issue and sell the Bonds as contemplated herein and in the Indenture, and by proper action has duly authorized the execution and delivery hereof and thereof; (c) The execution and delivery of this Agreement and the Indenture by the Pollution Control Corporation do not, and consummation of the transactions contemplated hereby and fulfillment of the terms hereof and thereof by the Pollution Control Corporation will not, result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or instrument to which the Pollution Control Corporation is now a party or by which it is now bound, or any order, rule or regulation applicable to the Pollution Control Corporation of any court or of any regulatory body or administrative agency or other governmental body having jurisdiction over the Pollution Control Corporation or over any of its properties, or the Constitution or laws of the State of Arizona; (d) No consent, approval, authorization or other order of any regulatory body or administrative agency or other governmental body is legally required for the Pollution Control Corporation's participation in the transactions contemplated by this Agreement, except such as may have been obtained or may be required under the securities laws of any jurisdiction; and (e) The Pollution Control Corporation has found and determined that all requirements of the Act with respect to the issuance of the Bonds and the execution and delivery of the Indenture and this Agreement have been complied with and that the financing and refinancing of the Company's share Cost of the cost of construction Construction of the Facilities by issuing the Bonds and entering into the Indenture and this Agreement will be in furtherance of the purposes of the Act.