Common use of Representations by the Issuer Clause in Contracts

Representations by the Issuer. The Issuer represents that: (a) The Issuer is a duly organized municipal corporation of the State, duly organized and existing under the Constitution and the laws of the State. Under the provisions of the Act, the Issuer has the power to enter into this Agreement and carry out its obligations hereunder. (b) To the best knowledge of the Issuer, no member of the governing body or other officer or employee of the Issuer is directly or indirectly interested in this Agreement or the issuance and sale of the Bonds. (c) The issuance and sale of the Bonds and the execution and delivery of this Agreement and the Indenture have been duly authorized by resolutions of the governing body of the Issuer adopted at meetings thereof duly called, by the affirmative vote of not less than a majority of its members. (d) Prior to the date of issuance and delivery of the Series 1999 Bonds, a public hearing on the proposal to undertake and finance the Project was duly called and held in accordance with the Act, at which time all persons who appeared were given an opportunity to express their views with respect thereto. (e) The execution and delivery of this Agreement and the Indenture and the other agreements contemplated hereby to which the Issuer is a party will not conflict with, or constitute on the part of the Issuer a breach of or a default under, any agreement, indenture, mortgage, lease or other instrument to which the Issuer is subject or is a party or by which it is bound.

Appears in 1 contract

Samples: Lease Agreement (Nb Finance Corp)

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Representations by the Issuer. The Issuer represents that: (a) The Issuer is a duly organized municipal corporation of the State, duly organized and existing under the Constitution and the laws of the State. Under the provisions of the Act, the Issuer has the power to enter into this Agreement and carry out its obligations hereunder. (b) To the best knowledge of the Issuer, no member of the governing body or other officer or employee of the Issuer is directly or indirectly interested in this Agreement or the issuance and sale of the Bonds. (c) The issuance and sale of the Bonds and the execution and delivery of this Agreement and the Indenture have been duly authorized by resolutions of the governing body of the Issuer adopted at meetings thereof duly called, by the affirmative vote of not less than a majority of its members. (d) Prior to the date of issuance and delivery of the Series 1999 2000 Bonds, a public hearing on the proposal to undertake and finance the Project was duly called and held in accordance with the Act, at which time all persons who appeared were given an opportunity to express their views with respect thereto. (e) The execution and delivery of this Agreement and the Indenture and the other agreements contemplated hereby to which the Issuer is a party will not conflict with, or constitute on the part of the Issuer a breach of or a default under, any agreement, indenture, mortgage, lease or other instrument to which the Issuer is subject or is a party or by which it is bound.

Appears in 1 contract

Samples: Lease Agreement (Nb Finance Corp)

Representations by the Issuer. The Issuer represents that: (a) The Issuer is a duly organized municipal corporation public body corporate and politic and an instrumentality of the StateMxxxxxxx County, Georgia, duly organized and existing under the Constitution and the laws of the State. Under the provisions of the Act, the Issuer has the power to enter into this Agreement and carry out its obligations hereunder. (b) To the best knowledge of the Issuer, no member of the governing body or other officer or employee of the Issuer or the State of Georgia is directly or indirectly interested in this Agreement or the issuance and sale of the Bonds. (c) The issuance and sale of the Bonds and the execution and delivery of this Agreement and the Indenture have been duly authorized by resolutions an ordinance of the governing legislative body of the Issuer adopted at meetings a meeting thereof duly called, by the affirmative vote of not less than a majority of its elected members. (d) Prior to the date of issuance and delivery of the Series 1999 Project Bonds, a public hearing on the proposal to undertake and finance the Project was duly called and held in accordance with the ActAct and the Code, at which time all persons who appeared were given an opportunity to express their views with respect thereto. (e) The execution and delivery of this Agreement and the Indenture and the other agreements contemplated hereby to which the Issuer is a party will not conflict with, or constitute on the part of the Issuer a breach of or a default under, any agreement, indenture, mortgage, lease or other instrument to which the Issuer is subject or is a party or by which it is bound.

Appears in 1 contract

Samples: Loan Agreement (First United Ethanol LLC)

Representations by the Issuer. The Issuer represents that: (a) The Issuer is a duly organized municipal public corporation of the State, duly organized and existing under the Constitution and the laws of the State. Under the provisions of the Act, the Issuer has the power to enter into this Agreement and carry out its obligations hereunder. (b) To the best knowledge of the Issuer, no member of the governing body or other officer or employee of the Issuer is directly or indirectly interested in this Agreement or the issuance and sale of the Bonds. (c) The issuance and sale of the Bonds and the execution and delivery of this Agreement and the Indenture have been duly authorized by resolutions of the governing body of the Issuer adopted at meetings thereof duly called, by the affirmative vote of not less than a majority of its members. (d) Prior to the date of issuance and delivery of the Series 1999 2002 Bonds, a public hearing on the proposal to undertake and finance the Project was duly called and held in accordance with the Act, at which time all persons who appeared were given an opportunity to express their views with respect thereto. (e) The execution and delivery of this Agreement and the Indenture and the other agreements contemplated hereby to which the Issuer is a party will not conflict with, or constitute on the part of the Issuer a breach of or a default denial under, any agreement, indenture, mortgage, lease or other instrument to which the Issuer is subject or is a party or by which it is bound.

Appears in 1 contract

Samples: Lease Agreement (FCStone Group, Inc.)

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Representations by the Issuer. The Issuer represents that: (a) The Issuer is a duly organized municipal corporation public body corporate and an instrumentality of the StateMxxxxxxx County, Georgia , duly organized and existing under the Constitution and the laws of the State. Under the provisions of the Act, the Issuer has the power to enter into this Agreement and carry out its obligations hereunder. (b) To the best knowledge of the Issuer, no member of the governing body or other officer or employee of the Issuer or the State of Georgia is directly or indirectly interested in this Agreement or the issuance and sale of the Bonds. (c) The issuance and sale of the Bonds and the execution and delivery of this Agreement and the Indenture have been duly authorized by resolutions an ordinance of the governing legislative body of the Issuer adopted at meetings a meeting thereof duly called, by the affirmative vote of not less than a majority of its elected members. (d) Prior to the date of issuance and delivery of the Series 1999 Project Bonds, a public hearing on the proposal to undertake and finance the Project was duly called and held in accordance with the Act, at which time all persons who appeared were given an opportunity to express their views with respect thereto. (e) The execution and delivery of this Agreement and the Indenture and the other agreements contemplated hereby to which the Issuer is a party will not conflict with, or constitute on the part of the Issuer a breach of or a default under, any agreement, indenture, mortgage, lease or other instrument to which the Issuer is subject or is a party or by which it is bound.

Appears in 1 contract

Samples: Loan Agreement (First United Ethanol LLC)

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