Common use of Representations of Redeveloper Clause in Contracts

Representations of Redeveloper. Redeveloper makes the following representations and findings: (a) Redeveloper is a Nebraska limited liability company and has the power to enter into this Redevelopment Agreement and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Agreement. (b) The execution and delivery of the Redevelopment Agreement and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement or, except as disclosed in writing to the CDA, as to any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Redeveloper owns or has contracted to purchase and shall own the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent the performance of this Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (f) The Project would not occur in the Redevelopment Area without the use of tax increment financing.

Representations of Redeveloper. The Redeveloper makes the following representations and findingsrepresentations: (a) The Redeveloper is a Nebraska limited liability company and has company, having the power to enter into this Redevelopment Agreement Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment AgreementContract. (b) The execution and delivery of the Redevelopment Agreement Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement Contract or, except as disclosed in writing to the CDACity, as to any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Any financial statements of the Redeveloper owns or has contracted its Members delivered to purchase the City prior to the date hereof are true and shall own correct in all respects and fairly present the financial condition of the Redeveloper and the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent as of the performance of this Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (f) The Project would not occur dates thereof; no materially adverse change has occurred in the Redevelopment Area without financial condition reflected therein since the use respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of tax increment financingbusiness, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the City.

Representations of Redeveloper. The Redeveloper makes the following representations and findingsrepresentations: (a) The Redeveloper is a Nebraska limited liability company and has having the power to enter into this Redevelopment Agreement Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment AgreementContract. Prior to the execution and delivery of this Redevelopment Contract, the Redeveloper has delivered to the Authority a certificate of good standing, a certified copy of the Redeveloper's operating agreement and a certified copy of the resolution or consent of all members authorizing the execution and delivery of this Redevelopment Contract. (b) The execution and delivery of the this Redevelopment Agreement Contract and the consummation of the transactions therein herein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement or, except as disclosed Contract or in writing to the CDA, as to any other matter materially affecting the ability of to Redeveloper to perform its obligations hereunder. (d) Redeveloper owns or has contracted to purchase and shall own the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent the performance of this Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (fe) The Project would not occur in the Redevelopment Project Area without the use of tax tax-increment financing.. Xxxxxx Enterprises

Representations of Redeveloper. The Redeveloper makes the following representations and findingsrepresentations: (a) The Redeveloper is a Nebraska limited liability company and has having the power to enter into this Redevelopment Agreement Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment AgreementContract. Prior to the execution and delivery of this Redevelopment Contract, the Redeveloper has delivered to the Authority a certificate of good standing, a certified copy of the Redeveloper's by-laws and a certified copy of the resolution or resolutions authorizing the execution and delivery of this Redevelopment Contract. (b) The execution and delivery of the this Redevelopment Agreement Contract and the consummation of the transactions therein herein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement or, except as disclosed Contract or in writing to the CDA, as to any other matter materially affecting the ability of to Redeveloper to perform its obligations hereunder. (d) Redeveloper owns or has contracted to purchase and shall own the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent the performance of this Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (fe) The Project would not occur in the Redevelopment Project Area without the use of tax tax-increment financing.

Representations of Redeveloper. The Redeveloper makes the following representations and findingsrepresentations: (a) The Redeveloper is a Nebraska limited liability company and has company, having the power to enter into this Redevelopment Agreement Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment AgreementContract. Prior to the execution and delivery of this Redevelopment Contract, the Redeveloper has delivered to the Authority a certificate of good standing, a certified copy of the Redeveloper's by-laws and a certified copy of the resolution or resolutions authorizing the execution and delivery of this Redevelopment Contract. (b) The execution and delivery of the this Redevelopment Agreement Contract and the consummation of the transactions therein herein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement or, except as disclosed Contract or in writing to the CDA, as to any other matter materially affecting the ability of to Redeveloper to perform its obligations hereunder. (d) Redeveloper owns or has contracted to purchase and shall own the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent the performance of this Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (fe) The Project would not occur in the Redevelopment Project Area without the use of tax tax-increment financing.

Representations of Redeveloper. Redeveloper makes the following representations and findings: (a) Redeveloper is a Nebraska limited liability company partnership and has the power to enter into this Redevelopment Agreement and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Agreement. (b) The execution and delivery of the Redevelopment Agreement and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement or, except as disclosed in writing to the CDA, as to any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Redeveloper owns or has contracted to purchase and shall will own the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent the performance of this Redevelopment Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (f) The Project would not occur in the Redevelopment Area without the use of tax increment financing.

Representations of Redeveloper. Redeveloper makes the following representations and findings: (a) Redeveloper is a Nebraska limited liability company Corporation and has the power to enter into this Redevelopment Agreement and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Agreement. (b) The execution and delivery of the Redevelopment Agreement and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Agreement or, except as disclosed in writing to the CDA, as to any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Redeveloper owns or has contracted to purchase and shall will own the Project Site in fee simple and free from any liens, encumbrances, or restrictions which would prevent the performance of this Redevelopment Agreement by Redeveloper. (e) The Project would not be economically feasible without the use of tax increment financing. (f) The Project would not occur in the Redevelopment Area without the use of tax increment financing.