Common use of Representations and Warranties by the Collateral Agent Clause in Contracts

Representations and Warranties by the Collateral Agent. The Collateral Agent represents and warrants to the Authority, Project Co and Operations Co that: (a) the Collateral Agent has full power and capacity to enter into, carry out the transactions contemplated by and duly perform all its obligations contained in this Lenders’ Remedies Agreement and all other documents, instruments and agreements required to be executed and delivered by the Collateral Agent pursuant to this Lenders’ Remedies Agreement; (b) this Lenders’ Remedies Agreement has been duly executed and delivered by the Collateral Agent and constitutes a legal, valid and binding obligation of the Collateral Agent enforceable in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors’ rights from time to time in effect and equitable principles of general application; and (c) the Collateral Agent: (1) has no ownership interest in any other party to this Lenders’ Remedies Agreement or either Project Contractor; and (2) does not Control, is not Controlled by and is not under common Control with any other party to this Lenders’ Remedies Agreement or either Project Contractor.