Xxxxxx’s Representations and Warranties. The Lender represents and warrants to the Company that:
Xxxxxx’s Representations and Warranties. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which they are located; (d) Lessee is authorized to enter into and carry out Lessee’s obligations under this Lease, any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively, the “Documents”); (e) the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of Lessee’s governing body, and hold the offices indicated below their signature, each of which are genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority and shall be used during the Lease Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all necessary action to include in Lessee’s annual budget any funds required to fulfill Lessee’s obligations for each fiscal year during the Lease Term;
Xxxxxx’s Representations and Warranties. Lessee hereby represents, covenants and warrants for the benefit of Lessor that as of the date hereof and as of Commencement Date for each Lease, and throughout each Lease Term: (a) Lessee is a state or political subdivision thereof within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”); (b) Lessee is duly organized and existing under the Constitution and laws of the state in which Lessee is located; (c) Lessee is authorized to enter into and carry out its obligations under this Master Lease and each Lease and every other document required to be delivered in connection with this Master Lease and a Lease; (d) this Master Lease and each Lease have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, codes, ordinances, regulations, and policies; (e) any person signing the Master Lease and each Lease has the authority to do so, is acting with the full express authorization of Xxxxxx’s governing body, and holds the office indicated below his or her signature, which is genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority and shall be used during the Lease Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take such action, in accordance with Section 6, to include in its annual budget request, for submission to Lessee’s governing body, any funds required to fulfill Lessee’s obligations for each succeeding fiscal period during the applicable Lease Term; (h) Lessee has complied fully with all applicable laws, codes, ordinances, regulations, and policies, governing open meetings, competitive pricing and/or public bidding and appropriations required in connection with each Lease, the selection and acquisition of the Equipment and the selection of Vendor; (i) all payments due and to become due during Lessee’s current fiscal period under a Lease are within the fiscal budget of such fiscal period, and are or will be included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment under the related Lease; (j) Lessee shall not do or cause to be done any act which shall cause, or by omission of any act allow, the interest portion of any Lease Payment to become includible in Lessor’s gross income for Federal income taxation purposes under the Code; (k)...
Xxxxxx’s Representations and Warranties. Lender represents and wammts to Borrower that: (i) this Loan Agreement has been duly and validly authorized; and (ii) this Loan Agreement constitutes a valid and binding agreement of Lender enforceable in accordance with its terms.
Xxxxxx’s Representations and Warranties. All the representations and warranties of Seller made herein shall have been true when made and shall be true and correct as of Settlement, with no material changes therein.
Xxxxxx’s Representations and Warranties. Lessee makes in favor of Lessor the representations and warranties set forth in Schedule 6, Part A.
Xxxxxx’s Representations and Warranties. The representations and warranties made and provided by Sinqia in CHAPTER VI of this Agreement shall be true and correct in all material respects on this date and until Closing (except where the representations and warranties themselves include a reference to a previous date, in which case they will be true and correct in all material respects as of such date);
Xxxxxx’s Representations and Warranties. Broker represents and warrants to Lender at the time any Package is submitted to Lender and at the time any mortgage loan resulting from such Package is funded and closed that:
A. No mortgage loan (a) is subject to the provisions of the Homeownership and Equity Protection Act of 1994 as amended ("HOEPA"), (b) is a "high cost" mortgage loan, “higher-priced mortgage loan”, "covered" mortgage loan or "predatory" mortgage loan under any federal, state or local law, rule, or regulation, or (c) is subject to any comparable federal, state or local statutes or any other statute or regulation providing assignee liability to purchasers or holders of such mortgage loans.
B. No predatory, abusive, or deceptive lending practices were employed in connection with the origination of the mortgage loan. None of the statements, documents, or information input by Broker or its agents into an automated underwriting system in regards to a Package or otherwise provided by Broker or Broker’s agents in regards to any Package contains or will contain any untrue, incomplete, inaccurate, erroneous statement, or omission of a material fact. Xxxxxx understands that by making the warranty in this paragraph, it is warranting the accuracy of all information Broker and its agents submit to Lender, whether Broker has knowledge or reason to suspect any inaccuracy or omission or not. Broker acknowledges the information in the Packages may be subject to Lender’s independent verification, underwriting approval, or quality control review but this shall not relieve Broker from its duties, responsibilities, representations, and warranties hereunder and Broker shall not be entitled to rely on such actions of Lender to in any way relieve Broker of its responsibilities, representations, and warranties herein.
C. Broker is in compliance with all applicable business licensing requirements to do business in the state(s) in which Broker originates any mortgage loan and possesses and agrees to maintain as valid, all necessary licenses, permits, and authority to engage in activities contemplated by this Agreement.
D. Broker is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization and has full power and authority to carry on its business as it is now being conducted and is duly qualified to transact business where such qualification is required.
E. Broker meets the applicable standards set forth in the Guidelines for doing business with Xxxxxx. Neither...
Xxxxxx’s Representations and Warranties. Xxxxxx makes and the Authority relies upon the following representations and warranties:
(a) Lender is duly organized, validly existing and in good standing under the laws of the jurisdiction under which it is organized and is qualified to do business in the State of Wisconsin;
(b) Lender is duly authorized by all necessary organizational action to enter into this Agreement, and upon execution, this Agreement will be a valid and binding agreement by Lender, enforceable in accordance with its terms and compliance with this Agreement will not constitute a violation of any law, order or any requirement imposed by any regulatory, judicial or quasi-judicial body;
(c) Each Loan shall conform in all respects to each and every requirement and procedure in this Agreement, the Lender's Manual, the Loan Authorization, and applicable laws and regulations;
(d) Except to the extent caused by the Authority's own negligence, the Lender shall indemnify and hold harmless the Authority and its agents, employees, officers and directors from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising in any way out of, in connection with or resulting from this Agreement, the Lender's Manual, and the Loan Documents;
(e) Each of the foregoing representations and warranties of Lender are continuing and shall be deemed to have been made and shall be true and correct as of the date of this Agreement, the date of each Guaranteed Loan Fund application, the date of each claim made by Xxxxxx, and each date the Authority makes any Guaranteed Loan Fund guarantee payments pursuant to the terms of this Agreement.
Xxxxxx’s Representations and Warranties. As of the Binding Agreement Date and the Closing Date, Seller represents and warrants to Buyer that Seller has the right, power, and authority to enter into this Agreement and to convey the Property in accordance with the terms and conditions of this Agreement. The persons executing this Agreement on behalf of Seller have been duly and validly authorized by Seller to execute and deliver this Agreement and shall have the right, power, and authority to enter into this Agreement and to bind Seller. Seller also makes the additional representations and warranties to Buyer, if any, as indicated on Exhibit “D”.
