REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce Silicon to enter into this Agreement and to make Loans, Borrower represents and warrants to Silicon as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce Coast to enter into this Agreement and to make Loans, Borrower represents and warrants to Coast as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The representations and warranties of the Borrower set forth in the Bond Purchase Agreement, dated June , 2019 (the "Bond Purchase Agreement"), relating to the Bonds are true and correct and are hereby incorporated by reference herein, as though fully set forth herein. In addition, the Borrower, by its execution hereof, represents and warrants to, and covenants and agrees with, the Remarketing Agent as follows:
(a) It has the authority to take all actions required or permitted to be taken by it under, and to perform and observe the covenants and agreements on its part contained in, this Agreement, the Indenture, the Loan Agreement, the Reimbursement Agreement and any other instrument or agreement relating thereto (collectively, the "Closing Documents").
(b) It has, on or before the date hereof, duly taken all action necessary to be taken by it prior to such date for: (i) the execution, delivery and performance of the Closing Documents that have been executed in connection with the transactions contemplated hereby and by the Offering Documents; and (ii) the carrying out, giving effect to, consummation and performance of the transactions and obligations contemplated hereby and by the Offering Documents; provided that no representation is made with respect to compliance with the securities or Blue Sky laws of the various states of the United States.
(c) The Closing Documents that have been executed in connection with the consummation of the transactions contemplated hereby and by the Offering Documents have been duly executed and delivered by it and constitute its legal, valid and binding obligations, enforceable against it in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws, or equitable principles relating to or limiting creditors’ rights generally.
(d) The execution and delivery of the Closing Documents that have been executed in connection with the consummation of the transactions contemplated hereby and by the Offering Documents, compliance with the terms, conditions or provisions thereof, and consummation of the transactions herein and therein contemplated do not and will not violate any law, regulation, order, writ, injunction or decree of any court or governmental body or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any mortgage, lien, charge or encumbrance o...
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce GBC to enter into this Agreement and to make Loans, Borrower represents and warrants to GBC as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower represents, and warrants to the Agent and the Banks as follows:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower hereby represents and warrants to, and covenants and agrees with, the Lenders that:
A. The execution and delivery of this Amendment has been duly authorized by all requisite company action on the part of the Borrower.
B. The representations and warranties of any Loan Party contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects on and as of the date of this Amendment as though made at and as of such date. Since the Closing Date, no event or circumstance has occurred or existed which could reasonably be expected to have Material Adverse Effect. As of the date hereof and after giving effect to this Amendment, no Default has occurred and is continuing.
C. Neither the Borrower nor any Affiliate of the Borrower is required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any governmental instrumentality or other agency or any other person or entity in connection with or as a condition to the execution, delivery or performance of this Amendment.
D. This Amendment constitutes the legal, valid and binding obligation of the Borrower and its Affiliates enforceable against them, jointly and severally, in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the rights and remedies of creditors generally or the application of principles of equity, whether in any action at law or proceeding in equity, and subject to the availability of the remedy of specific performance of any other equitable remedy or relief to enforce any right thereunder.
E. The Borrower will satisfy all conditions set forth in SECTION VI.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce Greyrock to enter into this Agreement and to make Loans, Borrower represents and warrants to Greyrock as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce ORIX to enter into this Agreement and to make the Loan, Borrower represents and warrants to ORIX as follows, and Borrower covenants that the following representations will continue to be true, except to the extent that they are made as of a specific prior date, and that Borrower will at all times comply with all of the following covenants:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower represents, warrants and covenants that:
(a) It is a duly constituted and validly existing corporation under the laws of the Commonwealth, has elected to be treated as a special partnership in accordance with the provisions of the Puerto Rico Internal Revenue Code of 1994, as amended, and Act No. 0 xx xxx Xxxxxxxxxxx xx Xxxxxx Xxxx, xxproved September 27, 1985, and its proposed operations qualify under the above provisions for treatment as a special partnership.
(b) It has the power and authority to enter into and perform its obligations under this Agreement and the Collateral Documents.
(c) It has the necessary power and authority to develop, construct and operate the Project, and to conduct its operations as presently conducted or proposed to be conducted.
(d) It has duly authorized by proper corporate action the execution, delivery and performance of this Agreement and the Collateral Documents.
(e) The execution and delivery of this Agreement and the Collateral Documents by the Borrower, and the consummation of the transactions contemplated hereby and thereby and the fulfillment of or compliance with the terms and conditions hereof and thereof do not and will not conflict with the provisions of the certificate of incorporation or by-laws of the Borrower and do not and will not conflict with, or constitute on the part of the Borrower a breach of or default under any indenture, deed of trust, mortgage, agreement or other instrument to which the Borrower is a party or by which the Borrower or any of its property is bound or conflict with, violate or result in a breach of any existing law, public administrative rule or regulation, judgment, court order or consent decree to which the Borrower or any of its property is now a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Borrower under the terms of any instrument or agreement other than this Agreement or the Trust Agreement.
(f) It will cause the Project to be operated as Industrial Facilities within the meaning of the Act.
(g) At all times during each of the last three taxable years (or for such part of such period as may be applicable) and up to and including the date of execution and delivery of this Agreement, except for the receipt of lease payments with respect to the Minor Parcels (as defined in the Pledge Agreement) commencing on October 22, 1999, (i) the Borrower ...
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower hereby represents, warrants and covenants to the Lender that:
