Common use of Representations by the User Clause in Contracts

Representations by the User. The User makes the following representations: (1) The User is duly organized and in good standing as a corporation under the laws of the State of Delaware and is not in default under any of the provisions contained in its articles of incorporation, as amended, or bylaws or in the laws of the State of Delaware. The User is duly qualified to do business in the State. (2) The User has the corporate power and authority to own its properties, carry on the business in which it is presently engaged, and consummate the transactions contemplated by the Financing Documents to which it is a party. (3) By proper corporate action the User has duly authorized the execution, delivery and performance of the Financing Documents to which it is a party and the consummation of the transactions contemplated therein. (4) The User has obtained all consents, approvals, authorizations and orders of, and made all filings with, each Governmental Authority that are required to be obtained or made by it as a condition to the execution and delivery of the Financing Documents to which it is a party. (5) The execution and delivery by the User of the Financing Documents to which it is a party and the consummation by it of the transactions contemplated therein will not conflict with, be in violation of, or result in a default under, its articles of incorporation or bylaws, or any agreement, contract, instrument, order, writ, decree or judgment to which the User is a party or is subject. (6) The Financing Documents to which the User is a party constitute legal, valid and binding obligations of the User and are enforceable against the User in accordance with the terms of such instruments, except as enforcement thereof may be limited by (i) the exercise of judicial discretion and (ii) bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ rights, to the extent constitutionally applicable. (7) There is no action, suit, proceeding, inquiry or investigation pending before any Governmental Authority, or threatened against or affecting the User or its prop- erties, that (a) involves (i) the consummation of the transactions contemplated by, or the validity or enforceability of, the Financing Documents, (ii) its organization, (iii) the election or qualification of its directors or officers, (iv) its powers, or (b) could have a materially adverse effect upon the financial condition or operations of the User. (8) The User is not an “investment company” or a company “controlled” by an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended. (9) The financing of the Project through the issuance of the Bonds and the leasing of the Project to the User has induced the User to enlarge, expand and improve existing operations in the State as provided in the Enabling Law. (10) The User intends to operate the Project for manufacturing, production, assembling, processing, storing and distribution of such agricultural, manufactured or mineral products as the User shall determine and in such a manner that it will constitute a “project” within the meaning of the Enabling Law. (11) This Lease Agreement is necessary to promote and further the financial and economic interests of the User and the assumption by the User of its obligations hereunder will result in direct financial benefits to the User.

Representations by the User. The User makes the following representations: (1) The User is duly organized and in good standing as a corporation under the laws of the State of Delaware Alabama and is not in default under any of the provisions contained in its articles of incorporation, as amended, or bylaws or in the laws of the State of Delaware. The User is duly qualified to do business in the State. (2) The User has the corporate power and authority to own its properties, carry on the business in which it is presently engaged, and consummate the transactions contemplated by the Financing Documents to which it is a party. (3) By proper corporate action the User has duly authorized the execution, delivery and performance of the Financing Documents to which it is a party and the consummation of the transactions contemplated therein. (4) The User has obtained all consents, approvals, authorizations and orders of, and made all filings with, each Governmental Authority that are required to be obtained or made by it as a condition to the execution and delivery of the Financing Documents to which it is a party. (5) The execution and delivery by the User of the Financing Documents to which it is a party and the consummation by it of the transactions contemplated therein will not conflict with, be in violation of, or result in a default under, its articles of incorporation or bylaws, or any agreement, contract, instrument, order, writ, decree or judgment to which the User is a party or is subject. (6) The Financing Documents to which the User is a party constitute legal, valid and binding obligations of the User and are enforceable against the User in accordance with the terms of such instruments, except as enforcement thereof may be limited by (i) the exercise of judicial discretion and (ii) bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ ' rights, to the extent constitutionally applicable. (7) There is no action, suit, proceeding, inquiry or investigation pending before any Governmental Authority, or threatened against or affecting the User or its prop- ertiesproperties, that (a) involves (i) the consummation of the transactions contemplated by, or the validity or enforceability of, the Financing Documents, (ii) its organization, (iii) the election or qualification of its directors or officers, (iv) its powers, or (b) could have a materially adverse effect upon the financial condition or operations of the User. (8) The User is not an “"investment company” " or a company “"controlled” " by an “"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended. (9) The financing of the Project through the issuance of the Bonds and the leasing of the Project to the User has induced the User to enlarge, expand and improve existing operations in the State as provided in the Enabling Law. (10) The User intends to operate the Project for manufacturing, production, assembling, processing, storing and distribution of such agricultural, manufactured or mineral aluminum furniture and cushion products as the User shall determine and in such a manner that it will constitute a “"project” " within the meaning of the Enabling Law. (11) This Lease Agreement is necessary to promote and further the financial and economic interests of the User and the assumption by the User of its obligations hereunder will result in direct financial benefits to the User.

Representations by the User. The User makes the following representations: (1) The User is duly organized and in good standing as a corporation under the laws of the State of Delaware and is not in default under any of the provisions contained in its articles of incorporation, as amended, or bylaws or in the laws of the State of Delaware. The User is duly qualified to do business in the State. (2) The User has the corporate power and authority to own its properties, carry on the business in which it is presently engaged, and consummate the transactions contemplated by the Financing Documents to which it is a party. (3) By proper corporate action the User has duly authorized the execution, delivery and performance of the Financing Documents to which it is a party and the consummation of the transactions contemplated therein. (4) The User has obtained all consents, approvals, authorizations and orders of, and made all filings with, each Governmental Authority that are required to be obtained or made by it as a condition to the execution and delivery of the Financing Documents to which it is a party. (5) The execution and delivery by the User of the Financing Documents to which it is a party and the consummation by it of the transactions contemplated therein will not conflict with, be in violation of, or result in a default under, its articles of incorporation or bylaws, or any agreement, contract, instrument, order, writ, decree or judgment to which the User is a party or is subject. (6) The Financing Documents to which the User is a party constitute legal, valid and binding obligations of the User and are enforceable against the User in accordance with the terms of such instruments, except as enforcement thereof may be limited by (i) the exercise of judicial discretion and (ii) bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ rights, to the extent constitutionally applicable. (7) There is no action, suit, proceeding, inquiry or investigation pending before any Governmental Authority, or threatened against or affecting the User or its prop- ertiesproperties, that (a) involves (i) the consummation of the transactions contemplated by, or the validity or enforceability of, the Financing Documents, (ii) its organization, (iii) the election or qualification of its directors or officers, (iv) its powers, or (b) could have a materially adverse effect upon the financial condition or operations of the User. (8) The User is not an “investment company” or a company “controlled” by an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended. (9) The financing of the Project through the issuance of the Bonds and the leasing of the Project to the User has induced the User to enlarge, expand and improve existing operations in the State as provided in the Enabling Law. (10) The User intends to operate the Project for manufacturing, production, assembling, processing, storing and distribution of such agricultural, manufactured or mineral products as the User shall determine and in such a manner that it will constitute a “project” within the meaning of the Enabling Law. (11) This Lease Agreement is necessary to promote and further the financial and economic interests of the User and the assumption by the User of its obligations hereunder will result in direct financial benefits to the User.

Representations by the User. The User makes the following representations: (1) The User is duly organized and in good standing as a corporation limited liability company under the laws of the State of Delaware and is not in default under any of the provisions contained in its articles documents of incorporation, as amended, or bylaws organization or in the laws of the of the State of Delaware. The User is duly qualified to do business in the State.Alabama (2) The User has the corporate power and authority to own its properties, carry on the business in which it is presently engaged, and consummate the transactions contemplated by the Financing Documents to which it is a party. (3) By proper corporate action the User has duly authorized the execution, delivery and performance of the Financing Documents to which it is a party and the consummation of the transactions contemplated therein. (4) The User has obtained all consents, approvals, authorizations and orders of, and made all filings with, each Governmental Authority that are required to be obtained or made by it as a condition to the execution and delivery of the Financing Documents to which it is a party. (5) The execution and delivery by the User of the Financing Documents to which it is a party and the consummation by it of the transactions contemplated therein will not conflict with, be in violation of, or result in a default under, its articles of incorporation or bylaws, or any agreement, contract, instrument, order, writ, decree or judgment to which the User is a party or is subject. (6) The Financing Documents to which the User is a party constitute legal, valid and binding obligations of the User and are enforceable against the User in accordance with the terms of such instruments, except as enforcement thereof may be limited by (i) the exercise of judicial discretion and (ii) bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ ' rights, to the extent constitutionally applicable. (7) There is no action, suit, proceeding, inquiry or investigation pending before any Governmental Authority, or threatened against or affecting the User or its prop- ertiesproperties, that (a) involves (i) the consummation of the transactions contemplated by, or the validity or enforceability of, the Financing Documents, (ii) its organization, (iii) the election or qualification of its directors or officers, (iv) its powers, or (b) could have a materially adverse effect upon the financial condition or operations of the User. (8) The User is not an “"investment company” " or a company “"controlled” " by an “"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended. (9) The financing of the Project through the issuance of the Bonds and the leasing of the Project to the User has induced the User to enlarge, expand and improve existing operations in the State as provided in the Enabling Law. (10) The User intends to operate the Project for manufacturing, production, assembling, processing, storing and distribution of such agricultural, manufactured or mineral products as the User shall determine and in such a manner that it will constitute a “"project” " within the meaning of the Enabling Law. (11) This Lease Agreement is necessary to promote and further the financial and economic interests of the User and the assumption by the User of its obligations hereunder will result in direct financial benefits to the User.

Representations by the User. The User makes the following representations: (1) The User is duly organized and in good standing as a corporation under the laws of the State of Delaware and is not in default under any of the provisions contained in its articles of incorporation, as amended, or bylaws or in the laws of the State of Delaware. The User is duly qualified to do business in the State. (2) The User has the corporate power and authority to own its properties, carry on the business in which it is presently engaged, and consummate the transactions contemplated by the Financing Documents to which it is a party. (3) By proper corporate action the User has duly authorized the execution, delivery and performance of the Financing Documents to which it is a party and the consummation of the transactions contemplated therein. (4) The User has obtained all consents, approvals, authorizations and orders of, and made all filings with, each Governmental Authority that are required to be obtained or made by it as a condition to the execution and delivery of the Financing Documents to which it is a party. (5) The execution and delivery by the User of the Financing Documents to which it is a party and the consummation by it of the transactions contemplated therein will not conflict with, be in violation of, or result in a default under, its articles of incorporation or bylaws, or any agreement, contract, instrument, order, writ, decree or judgment to which the User is a party or is subject. (6) The Financing Documents to which the User is a party constitute legal, valid and binding obligations of the User and are enforceable against the User in accordance with the terms of such instruments, except as enforcement thereof may be limited by (i) the exercise of judicial discretion and (ii) bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ ' rights, to the extent constitutionally applicable. (7) There is no action, suit, proceeding, inquiry or investigation pending before any Governmental Authority, or threatened against or affecting the User or its prop- ertiesproperties, that (a) involves (i) the consummation of the transactions contemplated by, or the validity or enforceability of, the Financing Documents, (ii) its organization, (iii) the election or qualification of its directors or officers, (iv) its powers, or (b) could have a materially adverse effect upon the financial condition or operations of the User. (8) The User is not an “"investment company” " or a company “"controlled” " by an “"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended. (9) The financing of the Project through the issuance of the Bonds and the leasing of the Project to the User has induced the User to enlarge, expand and improve existing operations in the State as provided in the Enabling Law. (10) The User intends to operate the Project for manufacturing, production, assembling, processing, storing and distribution of such agricultural, manufactured or mineral products as the User shall determine and in such a manner that it will constitute a “"project” " within the meaning of the Enabling Law. (11) This Lease Agreement is necessary to promote and further the financial and economic interests of the User and the assumption by the User of its obligations hereunder will result in direct financial benefits to the User.