Representations of the District. The District represents, covenants and warrants to the Developer as follows:
Representations of the District. The District represents, covenants and warrants to the Contractor as follows:
Representations of the District. The District represents and warrants that the District is a school district, duly organized and existing under the Constitution and laws of the State of California, has the power to enter into this Site Lease; is possessed of full power to own, rent and hold real and personal property, and to lease and sell the same; and has duly authorized the execution and delivery of all of the aforesaid agreement.
Representations of the District. The District hereby represents and warrants as follows:
(1) The District is a political subdivision and a body corporate of the State, duly organized and existing under the laws and Constitution of the State.
(2) The District has duly authorized and approved the execution and delivery of, and the performance by the District of its obligations contained in this Agreement and the consummation by the District of all other transactions contemplated by this Agreement.
(3) This Agreement constitutes the legal, valid and binding obligation of the District, enforceable in accordance with its terms.
(4) The District has lawful authority to own or operate its System and to fix and collect rates, fees and other charges in connection with the System in accordance with the Conservancy Act and the Impact Fee Act.
(5) The District has valid legal title to the rights-of-way necessary to own and operate the System.
(6) The System is in compliance with all applicable laws relating to the treatment and quality of water.
(7) The District is in compliance with all existing covenants under the Bond Document.
Representations of the District. The District represents for the benefit of Capital Provider and the Property Owner that the following statements are true and accurate as of the date of this Agreement:
Representations of the District. The District represents, covenants and warrants to the Purchaser all representations, covenants and warranties set forth in Section 2.1 of the Lease as if they were set forth herein. In addition, the District acknowledges and agrees that the Certificates are (i) evidence of debt obligations of the District and (ii) securities of the District.
Representations of the District. A. The District is duly organized and validly existing under the laws of the State of New Jersey and is duly qualified and authorized to perform under the terms and conditions of this agreement;
B. The terms of this agreement do not conflict with any agreement of the District that would impair the ability of the District to perform under the terms and conditions of this agreement.
Representations of the District. The District makes the following representations:
(a) The District is a county water district and public agency duly organized and existing under and pursuant to the laws of the State of California.
(b) The District has full legal right, power and authority to enter into this Agreement and to enter into the transactions contemplated by this Agreement, and to carry out its obligations hereunder.
(c) With the exception of the pledge of the Net Revenues hereunder and under the 2013 Loan Agreement, the Net Revenues have not otherwise been pledged and there are no other liens against the Net Revenues, senior to, or on parity with the Installment Payments and the 2013 Loan Payments.
(d) The District is not currently, and has not been at any time, in default under the Prior Obligations.
(e) The District’s comprehensive annual financial report for the period ended June 30, 2013, presents fairly the financial condition of the District and the Wastewater Enterprise as of the date hereof and the results of operation for the period covered thereby. Except as has been disclosed to the Bank in writing, there has been no change in the financial condition of the District or the Wastewater Enterprise since June 30, 2013, that will in the reasonable opinion of the District materially impair its ability to perform its obligations under this Agreement. All information provided by the District to the Bank with respect to the financial performance of the Wastewater Enterprise is accurate in all material respects as of its respective date and does not omit any information necessary to make the information provided not misleading.
(f) As currently conducted, the District’s activities with respect to the Wastewater Enterprise are in all material respects in compliance with all applicable laws, administrative regulations of the State of California and of the United States and any agency or instrumentality of either, and any judgment or decree to which the District is subject.
(g) The District has never non-appropriated or defaulted under any of its payment or performance obligations or covenants, either with respect to the Prior Obligations or any obligation of the same general nature as the Loan, or under any of its bonds, notes, or other obligations of indebtedness for which its revenues or general credit are pledged.
(h) Prior to making any voluntary disclosures of this Agreement with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access or another simil...
Representations of the District. The District represents and warrants to the Lessee as follows: The District is a school district, duly organized and existing under the Constitution and laws of the State of California; The District has the full power and authority to enter into, to execute and to deliver this Site Lease, and to perform all of its duties and obligations hereunder, and has duly authorized the execution of this Site Lease; Neither the execution and delivery of this Site Lease nor the Facilities Lease, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instruction to which the District is now a party or by which the District is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the District, or upon the Site, except Permitted Encumbrances.
Representations of the District. The District represents and warrants to the Lessee as follows:
4.4.1 The District is a school district, duly organized and existing under the Constitution and laws of the State of California;
4.4.2 The District has the full power and authority to enter into, to execute and to deliver this Site Lease, and to perform all of its duties and obligations hereunder, and has duly authorized the execution of this Site Lease;
4.4.3 Neither the execution and delivery of this Site Lease nor the Facilities Lease, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instruction to which the District is now a party or by which the District is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the District, or upon the Site, except Permitted Encumbrances.
4.4.4 The District is aware of no action, suit, proceeding, inquiry, or investigation pending or threatened in any court or in any federal, state, or municipal administrative body which, if determined adversely to the District or its interests, would have a material and adverse effect upon the District’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. The District is not in default with respect to any order or decree of any court or any order, regulation, or demand of any federal, state, or municipal administrative body which default might have consequences that would have a material and adverse effect upon the District’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease.
4.4.5 The District is in compliance with all laws, regulations, and ordinances for the purposes of construction of the facilities pursuant to the Facilities Lease, including without limitation, any local environmental ordinances or requirements under the California Environmental Quality Act (Public Resources Code, section 21000 et seq.).
4.4.6 The District has disclosed any contamination of the Site by Hazardous Materials of which it is aware. If the District becomes aware of any circumstance which would change or render this represen...
