Common use of Representations by the Tenant Clause in Contracts

Representations by the Tenant. The Tenant represents and covenants that: (a) It is duly organized and existing as a Florida not-for-profit corporation and is in good standing under the laws of the State, it will maintain, extend and renew its corporate existence under the laws of the State, and it will not do, suffer or permit any act or thing to be done whereby its right to transact its functions might or could be terminated or its activities restricted. (b) The Tenant has been duly authorized to execute the Lease Agreement and consummate all of the transactions contemplated thereby, and the execution, delivery, and performance of this Lease Agreement will not conflict with or constitute a breach of or default by the Tenant under any other instrument or agreement to which the Tenant is a party or by which its property is bound. (c) The Tenant's execution, delivery, and performance of the Lease Agreement shall not constitute a violation of any order, rule, or regulation of any court or governmental agency having jurisdiction over the Tenant. (d) There are no pending or, to the Tenant's knowledge, threatened actions, suits, or proceedings of any type whatsoever affecting the Tenant, the Tenant's property, or the Tenant's ability to execute, deliver, and perform with respect to this Lease Agreement. (f) Neither the representations of the Tenant contained in the Lease Agreement nor any oral or written statement, furnished by or on behalf of the Tenant to the Landlord and the transactions contemplated hereby, contain any untrue statement of a material fact or omit stating a material fact necessary to make the statements contained herein or therein not misleading. There are no facts that the Tenant has not disclosed to the Landlord in writing that the Tenant believes materially and adversely affect or in the future may (so far as the Tenant can now reasonably foresee) materially and adversely affect the properties, business, prospects, profits, or condition (financial or otherwise) of the Tenant, or the ability of the Tenant to perform its obligations under the Tenant Documents or any documents or transactions contemplated hereby or thereby. (g) The Tenant's federal employer identification number is 00-0000000. (h) The Tenant will comply fully and in all respects with the Charter School Law and the Charter Contracts and will take all reasonable action to maintain, extend and renew the Charter Contracts so long as any amounts under this Lease are due and payable. Tenant will notify Landlord on Charter renewals or changes to the Charter. (i) The Tenant has obtained, or will obtain before they are required, all necessary approvals of and licenses, permits, consents, and franchises from federal, State, county, municipal, or other governmental authorities having jurisdiction over the Leased Premises to operate the Leased Premises as charter schools, and to enter into, execute, and perform its obligations under this Lease and the other Tenant Documents.

Representations by the Tenant. The Tenant represents and covenants that:: (a) (a) It is duly organized and existing as a Florida not-for-profit corporation and is in good standing under the laws of the State, it will maintain, extend and renew its corporate existence under the laws of the State, and it will not do, suffer or permit any act or thing to be done whereby its right to transact its functions might or could be terminated or its activities restricted. (b) The Tenant has been duly authorized to execute the Lease Agreement Tenant Documents and consummate all of the transactions contemplated thereby, and the execution, delivery, and performance of this Lease Agreement the Tenant Documents will not conflict with or constitute a breach of or default by the Tenant under any other instrument or agreement to which the Tenant is a party or by which its property is bound. (c) The Tenant's execution, delivery, and performance of the Lease Agreement Tenant Documents shall not constitute a violation of any order, rule, or regulation of any court or governmental agency having jurisdiction over the Tenant. (d) There are no pending or, to the Tenant's knowledge, threatened actions, suits, or proceedings of any type whatsoever affecting the Tenant, the Tenant's property, or the Tenant's ability to execute, deliver, and perform with respect to this Lease Agreementany of the Tenant's Documents. (e) The Leased Property financed or refinanced with proceeds of the Bonds is comprised of land, buildings, facilities, equipment and/or other items for the Charter Schools. (f) Neither the representations of the Tenant contained in the Lease Agreement Tenant Documents nor any oral or written statement, furnished by or on behalf of the Tenant to the Landlord or the Underwriter in connection with the issuance of the Bonds and the transactions contemplated hereby, contain any untrue statement of a material fact or omit stating to state a material fact necessary to make the statements contained herein or therein not misleading. There are no facts that the Tenant has not disclosed to the Landlord and the Underwriter in writing that the Tenant believes materially and adversely affect or in the future may (so far as the Tenant can now reasonably foresee) materially and adversely affect the properties, business, prospects, profits, or condition (financial or otherwise) of the Tenant, or the ability of the Tenant to perform its obligations under the Tenant Documents or any documents or transactions contemplated hereby or thereby. (g) The Tenant's federal employer identification number is 00-0000000. (h) The Tenant will shall comply fully and in all respects with the Charter School Law and the Charter Contracts and will take all reasonable action to maintain, extend extend, and renew the Charter Contracts so long as any amounts under this Lease are due and payable. Tenant will will, within 5 days, notify Landlord on regarding any Charter renewals or changes to the Charter. (i) The Tenant has obtained, or will obtain before they are required, all necessary approvals of and licenses, permits, consents, and franchises from federal, State, county, municipal, or other governmental authorities having jurisdiction over the Leased Premises Property to operate the Leased Premises Property as charter schools, and to enter into, execute, and perform its obligations under this Lease and the other Tenant Documents. (j) There has been no material adverse change in the financial condition, results of operations, or business affairs of the Tenant or the feasibility or physical condition of the Leased Property or the Charter Schools subsequent to the date of the Limited Offering Memorandum. (k) The Tenant (i) understands the nature of the structure of the transactions related to the financing and refinancing of the Leased Property; (ii) is familiar with all the provisions of the documents and instruments related to such financing to which the Tenant or the Landlord is a party or of which the Tenant is a beneficiary; (iii) understands the risk inherent in such transactions, including, without limitation, the risk of loss of the Leased Property; and (iv) has not relied on the Landlord or the Underwriter for any guidance or expertise in analyzing the financial consequences of such financing transactions. (l) Tenant has entered into this Lease based on its own full investigation, including third party acting for the Tenant, of all facts relating to, and conditions underlying, the Leased Premises and its development and use of the Leased Premises, including environmental conditions, and that it has solely relied on its own investigation, or that of the third party. (m) There is no completed, pending or, to Tenant’s knowledge, threatened bankruptcy, reorganization, receivership, insolvency or like proceeding, whether voluntary or involuntary, affecting Tenant.