Representations and Covenants of the Company. The Company makes the following representations and covenants in order to induce the Agency to proceed with the Project/Facility:
Representations and Covenants of the Company. The Company represents that:
Representations and Covenants of the Company. A. The Company hereby represents and warrants to the Distributor, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:
Representations and Covenants of the Company. The Company makes the following representations and covenants in order to induce the Agency to proceed with the Project/Facility: The Company is a limited liability company formed, validly existing and in good standing under the laws of the State of Delaware, has the authority to enter into this Project Agreement, and has duly authorized the execution and delivery of this Project Agreement. Neither the execution and delivery of this Project Agreement, the consummation of the transactions contemplated hereby nor the fulfillment of or compliance with the provisions of this Project Agreement will to the best of the Company's knowledge conflict with or result in a breach of any of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Company is a party or by which it is bound, or will constitute a default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Company under the terms of any such instrument or agreement. The Facility and the operation thereof will conform in all material respects with all applicable zoning, planning, and building laws and regulations of governmental authorities having jurisdiction over the Facility, and the Company shall defend, indemnify and hold the Agency harmless from any liability or expenses resulting from any failure by the Company to comply with the provisions of this Section 2.1(c). There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body pending or, to the knowledge of the Company, threatened in writing against or affecting the Company, to which the Company is a party, and in which an adverse result would in any way diminish or adversely impact the Company's ability to fulfill its obligations under this Project Agreement. The Company covenants that the Facility will comply in all material respects with the terms of the Environmental Compliance and Indemnification Agreement dated as of March 1, 2023 (the "Environmental Compliance Agreement"), given by the Company to and for the benefit of the Agency. Any personal property acquired by the Company in the name of the Agency shall be located in Genesee County, New York, except for temporary periods during ordinary use. The Company hereby represents to the Agency that facilities and property that are primarily used in making retail sales of goods and services to customers who personally vi...
Representations and Covenants of the Company. The Company represents and warrants to the Holder as follows:
Representations and Covenants of the Company. The Company makes the following representations and covenants as the basis for the undertakings on its part herein contained:
Representations and Covenants of the Company. (a) The Company shall comply with its obligations under the Registration Rights Agreement with respect to the Warrant Shares, including, without limitation, the Company's obligation to have filed and declared and maintained effective a registration statement registering the Warrant Shares under the Securities Act of 1933, as amended (the "ACT").
Representations and Covenants of the Company. The Company represents, warrants, covenants and agrees as follows:
Representations and Covenants of the Company. 13 Section 4.01 Representations, Warranties and Agreements of the Company 13 Section 4.02 Covenants of the Company 20
Representations and Covenants of the Company. The Company hereby represents and warrants to and covenants with Buyer as follows:
