Common use of Representations of Colorado Greenhouse Clause in Contracts

Representations of Colorado Greenhouse. Colorado Greenhouse -------------------------------------- represents and warrants to Rocky Mountain as follows: (a) that it is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Colorado; (b) that it has personnel available to it with the expertise in connection with the operation of greenhouses sufficient for it to perform its obligations under this Agreement in a manner consistent with Good Greenhouse Practices; (c) that the execution, delivery and performance of this Agreement by Colorado Greenhouse has been duly authorized by all necessary limited liability company action and this Agreement has been duly executed and delivered by Colorado Greenhouse and, subject to due execution and delivery by Rocky Mountain, this Agreement will be enforceable against Colorado Greenhouse in accordance with its terms, and does not constitute a default under its operating agreement, or any instrument to which it is a party, nor does it violate any provision of any law, rule, regulation, order, judgment, decree, determination, or award presently in effect having applicability to it; (d) that it has all necessary permits, licenses, and other governmental approvals required to perform its obligations hereunder, except for permits Rocky Mountain is required to obtain; and (e) that there are no actions, suits, or proceedings pending or, to its knowledge, threatened against it in any court or before any governmental department, agency, instrumentality, or any arbitrator, in which there is a reasonable possibility of an adverse decision which could materially and adversely affect its ability to perform its obligations under this Agreement.

Representations of Colorado Greenhouse. Colorado Greenhouse -------------------------------------- represents and warrants to Rocky Mountain WCR as follows: (a) that it is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Colorado; (b) that it has personnel available to it with the expertise in connection with the operation management of greenhouses sufficient for it to perform its obligations under this Agreement in a manner consistent with Good Greenhouse Practices; (c) that the execution, delivery and performance of this Agreement by Colorado Greenhouse has been duly authorized by all necessary limited liability company action and this Agreement has been duly executed and delivered by Colorado Greenhouse and, subject to due execution and delivery by Rocky MountainWCR, this Agreement will be enforceable against Colorado Greenhouse in accordance with its terms, and does not constitute a default under its operating agreement, or any instrument to which it is a party, nor does it violate any provision of any law, rule, regulation, order, judgment, decree, determination, or award presently in effect having applicability to it; (d) that it has all necessary permits, licenses, and other governmental approvals required to perform its obligations hereunder, except for permits Rocky Mountain WCR is required to obtain; and (e) that there are no actions, suits, or proceedings pending or, to its knowledge, threatened against it in any court or before any governmental department, agency, instrumentality, or any arbitrator, in which there is a reasonable possibility of an adverse decision which could materially and adversely affect its ability to perform its obligations under this Agreement.

Representations of Colorado Greenhouse. Colorado Greenhouse -------------------------------------- represents and warrants to Rocky Mountain BGPII as follows: (a) that it is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Colorado; (b) that it has personnel available to it with the expertise in connection with the operation management of greenhouses sufficient for it to perform its obligations under this Agreement in a manner consistent with Good Greenhouse Practices; (c) that the execution, delivery and performance of this Agreement by Colorado Greenhouse has been duly authorized by all necessary limited liability company action and this Agreement has been duly executed and delivered by Colorado Greenhouse and, subject to due execution and delivery by Rocky MountainBGPII, this Agreement will be enforceable against Colorado Greenhouse in accordance with its terms, and does not constitute a default under its operating agreement, or any instrument to which it is a party, nor does it violate any provision of any law, rule, regulation, order, judgment, decree, determination, or award presently in effect having applicability to it; (d) that it has all necessary permits, licenses, and other governmental approvals required to perform its obligations hereunder, except for permits Rocky Mountain BGPII is required to obtain; and (e) that there are no actions, suits, or proceedings pending or, to its knowledge, threatened against it in any court or before any governmental department, agency, instrumentality, or any arbitrator, in which there is a reasonable possibility of an adverse decision which could materially and adversely affect its ability to perform its obligations under this Agreement.

Representations of Colorado Greenhouse. Colorado Greenhouse -------------------------------------- represents and warrants to Rocky Mountain BGP as follows: (a) that it is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Colorado; (b) that it has personnel available to it with the expertise in connection with the operation management of greenhouses sufficient for it to perform its obligations under this Agreement in a manner consistent with Good Greenhouse Practices; (c) that the execution, delivery and performance of this Agreement by Colorado Greenhouse has been duly authorized by all necessary limited liability company action and this Agreement has been duly executed and delivered by Colorado Greenhouse and, subject to due execution and delivery by Rocky MountainBGP, this Agreement will be enforceable against Colorado Greenhouse in accordance with its terms, and does not constitute a default under its operating agreement, or any instrument to which it is a party, nor does it violate any provision of any law, rule, regulation, order, judgment, decree, determination, or award presently in effect having applicability to it; (d) that it has all necessary permits, licenses, and other governmental approvals required to perform its obligations hereunder, except for permits Rocky Mountain BGP is required to obtain; and (e) that there are no actions, suits, or proceedings pending or, to its knowledge, threatened against it in any court or before any governmental department, agency, instrumentality, or any arbitrator, in which there is a reasonable possibility of an adverse decision which could materially and adversely affect its ability to perform its obligations under this Agreement.