Representations by the Issuer. The Issuer makes the following representations (a) The Issuer is duly incorporated under the provisions of the Enabling Law and has the power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, its by-laws, or in the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement, the Indenture, and the Bonds. (b) The Issuer has determined that the issuance of the Bonds, the acquisition, construction and equipping of the Project and the leasing of the Project to the User will be in furtherance of the purposes of the Enabling Law. (c) The Bonds will be issued and delivered contemporaneously with the delivery of this Lease Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Accuride Corp), Bond Guaranty Agreement (Johnstown America Industries Inc)
Representations by the Issuer. The Issuer makes the following representations
(a) The Issuer is duly incorporated under the provisions of the Enabling Law and has the power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, its by-laws, or in the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement, the Indenture, and the Bonds.
(b) The Issuer has determined that the issuance of the Bonds, the acquisition, construction and equipping of the Project and the leasing of the Project to the User will be in furtherance promote industry, develop trade and further the use of the purposes agricultural products and natural and human resources of the Enabling LawState and the development and preservation of said resources.
(c) The Bonds will be issued and delivered contemporaneously with the delivery of this Lease Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Winsloew Furniture Inc), Lease Agreement (Cavalier Homes Inc)
Representations by the Issuer. The Issuer makes the following representations:
(a1) The Issuer is duly incorporated organized under the provisions of the Enabling Law and has the legal authority and power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its by-lawsbylaws, or in the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement, the Indenture, and the Bonds.
(b2) The Issuer has determined that the issuance of the Bonds, the acquisition, construction construction, and equipping of the Project and the leasing of the Project same to the User Partnership will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law.
(c3) The Bonds will be issued and delivered contemporaneously with the delivery of this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (Cavalier Homes Inc)
Representations by the Issuer. The Issuer makes the following representations
(a) The Issuer is duly incorporated under the provisions of the Enabling Law and has the power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained con- tained in its certificate of incorporation, its by-laws, or in the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement, the Indenture, and the Bonds.
(b) The Issuer has determined that the issuance of the Bonds, the acquisition, construction and equipping of the Project and the leasing of the Project to the User will be in furtherance of the purposes of the Enabling Law.
(c) The Bonds will be issued and delivered contemporaneously with the delivery of this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (Transportation Technologies Industries Inc)