Representations by Developer. (a) Developer’s designated ROW Acquisition Manager (“ROW Acquisition Manager”) shall be entitled to undertake the right of way acquisition services described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of Section 3.12.4(g) and this Section 3.12.6.
Representations by Developer. Developer represents that:
Representations by Developer. Developer hereby makes the following representations and warranties to the FCRHA, each of which is true and correct as of the Agreement Date and, to the extent applicable on the date of Closing, and shall be true and correct in all material respects as of the date of Closing:
Representations by Developer. Developer certifies and agrees that it (i) does not, nor will not, so long as the Agreement remains in effect, boycott Israel, as such term is defined in Chapter 808, Texas Government Code,
Representations by Developer. Developer represents and warrants that:It is a limited liability company duly organized and validly existing under the laws of the State of Indiana and authorized to do business in the State of Indiana, is not in violation of any laws in any manner material to its ability to perform its obligations under this Financing Agreement, has full power to enter into and perform its obligations under this Agreement, and by proper action has duly authorized the execution and delivery of this Financing Agreement.
Representations by Developer. Developer represents and warrants to City as follows:
Representations by Developer. Developer represents and warrants to the City, as of the Effective Date and as of the Closing, as follows:
Representations by Developer. Developer represents and warrants that: 6
Representations by Developer. Developer represents and warrants that: Developer is a limited liability company duly organized and validly existing under the laws of and authorized to do business in the State of Indiana, is not in violation of any laws in any manner material to its ability to perform its obligations under this Financing Agreement, has full power to enter into and by proper action has duly authorized the execution and delivery of this Financing Agreement. The Project is of the type authorized and permitted by the Act. Developer assents to the deposit and disposition of the proceeds of the Bonds in the manner specified in the Bond Indenture. The provision of financial assistance to be made available to it under this Financing Agreement from the proceeds of the Bonds and the commitments therefor made by the Issuer have induced Developer to undertake the Project, and such Project, will preserve and create and retain jobs and employment opportunities within the boundaries of the City. Further, Developer intends to operate the Project, as an economic development facility under the Act, until the expiration or earlier termination of this Financing Agreement as provided herein. Neither the execution and delivery of this Financing Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Financing Agreement, conflicts with or results in a breach of the terms, conditions or provisions of Developer’s Articles of Incorporation, By-Laws, Articles of Organization, Operating Agreement or other organizational document, as the case may be, or any restriction or any agreement or instrument to which the Developer is now a party or by which it is bound or to which any of its property or assets is subject, or (except in such manner as will not materially impair the ability of Developer to perform its obligations hereunder) of any statute, order, rule or regulation of any court or governmental agency or body having jurisdiction over Developer or its property, 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 Developer under the terms of any instrument or agreement, except as set forth in this Financing Agreement. The execution and delivery by Developer of this Financing Agreement does not require the consent or approval of, the giving of notice to, the registration with, or the tak...
Representations by Developer. 6.4.1 Developer’s designated Right of Way Acquisition Manager (“ROW Acquisition Manager”) shall be entitled to undertake the right of way acquisition services described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of Section 6.2.7 and this Section 6.4.
