Representations by Issuer. The Issuer makes the following representations: (a) The Issuer is a political subdivision of the State of West Virginia and has the power to enter into the Financing Instruments to which it is a party and the transactions contemplated thereby and to perform its obligations thereunder, to issue the Bonds to refund the Prior Bonds, and to assign the Note to the Trustee. (b) By proper action in the form of resolutions adopted by The County Commission of ▇▇▇▇▇▇▇▇ County, West Virginia, the Issuer has duly authorized the execution and delivery of the Financing Instruments to which it is a party, and the Bonds, the performance of its obligations thereunder and the issuance of the Bonds and, simultaneously with the execution and delivery of this Financing Agreement, the Issuer has duly executed and delivered the Financing Instruments to which it is a party and issued and sold the Bonds. (c) To the best of its knowledge, the Issuer is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing under the provisions of any such instrument that with the lapse of time or the giving of notice, or both, would constitute an event of default thereunder; provided, however, that no representation is expressed concerning previously issued revenue bonds for private parties under the Act, the status of which have no adverse effect on the Issuer's power or authority to carry out the transactions contemplated by this Financing Agreement. (d) The Issuer is not (1) in violation of the Act or any existing law, rule or regulation applicable to it or (2) in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which any of its assets are subject; provided, however, that no representation is expressed concerning previously issued revenue bonds for private parties under the Act, the status of which have no adverse effect on the Issuer's power or authority to carry out the transactions contemplated by this Financing Agreement. The execution and delivery by the Issuer of the Financing Instruments to which it is a party and the Bonds and the compliance with the terms and conditions thereof will not conflict with or result in the breach of or constitute a default under any of the above described documents or other restrictions. (e) No further approval, consent or withholding of objection on the part of any regulatory body, federal, state or local, is required in connection with (1) the issuance and delivery of the Bonds by the Issuer, (2) the execution or delivery of or compliance by the Issuer with the terms and conditions of the Financing Instruments to which it is a party, or (3) the assignment and pledge by the Issuer pursuant to the Indenture of its rights under this Financing Agreement including the Note and the payments thereon by the Company, as security for payment of the principal of and interest on the Bonds. The consummation by the Issuer of the transactions set forth in the manner and under the terms and conditions as provided herein will comply with all applicable state, local or federal laws and any rules and regulations promulgated thereunder by any regulatory authority or agency. (f) No litigation, inquiry or investigation of any kind in or by any judicial or administrative court or agency is pending or, to its knowledge, threatened against the Issuer with respect to (1) the organization and existence of the Issuer, (2) its authority to execute or deliver the Financing Instruments to which it is a party, the Indenture or the Bonds or the assignment of the Note, (3) the validity or enforceability of any of such instruments or the transactions contemplated hereby or thereby, (4) the title of any officer of the Issuer who executed such instruments, or (5) any authority or proceedings related to the execution and delivery of such instruments on behalf of the Issuer. No such authority or proceedings have been repealed, revoked, rescinded or amended, and all are in full force and effect. (g) The Issuer hereby finds that the refunding of the Prior Bonds is advisable and will serve the purposes of the Act. (h) The issuance of the Prior Bonds was approved by the Issuer at a meeting duly called and held on November 19, 1986, notice of which meeting was published in a newspaper having general circulation in ▇▇▇▇▇▇▇▇ County, West Virginia on November 5 and November 12, 1986.
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Representations by Issuer. The Issuer makes the following representations:
(a) The Issuer is a political subdivision of the State of West Virginia Ohio and has the power to enter into the Financing Instruments to which it is a party and the transactions contemplated thereby and to perform its obligations thereunder, to issue the Bonds to refund the Prior Bonds, and to assign the Note to the Trustee.
(b) By proper action in the form of resolutions adopted by The Board of Commissioners of the County Commission of ▇▇▇▇▇▇▇▇ CountyPerry, West VirginiaOhio, the Issuer has duly authorized the execution and delivery of the Financing Instruments to which it is a party, and the Bonds, the performance of its obligations thereunder and the issuance of the Bonds and, simultaneously with the execution and delivery of this Financing Agreement, the Issuer has duly executed and delivered the Financing Instruments to which it is a party and issued and sold the Bonds.
(c) To the best of its knowledge, the Issuer is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing under the provisions of any such instrument that with the lapse of time or the giving of notice, or both, would constitute an event of default thereunder; provided, however, that no representation is expressed concerning previously issued revenue bonds for private parties under the Act, the status of which have no adverse effect on the Issuer's power or authority to carry out the transactions contemplated by this Financing Agreement.
(d) The Issuer is not (1) in violation of the Act or any existing law, rule or regulation applicable to it or (2) in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which any of its assets are subject; provided, however, that no representation is expressed concerning previously issued revenue bonds for private parties under the Act, the status of which have no adverse effect on the Issuer's power or authority to carry out the transactions contemplated by this Financing Agreement. The execution and delivery by the Issuer of the Financing Instruments to which it is a party and the Bonds and the compliance with the terms and conditions thereof will not conflict with or result in the breach of or constitute a default under any of the above described documents or other restrictions.
(e) No further approval, consent or withholding of objection on the part of any regulatory body, federal, state or local, is required in connection with (1) the issuance and delivery of the Bonds by the Issuer, (2) the execution or delivery of or compliance by the Issuer with the terms and conditions of the Financing Instruments to which it is a party, or (3) the assignment and pledge by the Issuer pursuant to the Indenture of its rights under this Financing Agreement including the Note and the payments thereon by the Company, as security for payment of the principal of and interest on the Bonds. The consummation by the Issuer of the transactions set forth in the manner and under the terms and conditions as provided herein will comply with all applicable state, local or federal laws and any rules and regulations promulgated thereunder by any regulatory authority or agency.
(f) No litigation, inquiry or investigation of any kind in or by any judicial or administrative court or agency is pending or, to its knowledge, threatened against the Issuer with respect to (1) the organization and existence of the Issuer, (2) its authority to execute or deliver the Financing Instruments to which it is a party, the Indenture or the Bonds or the assignment of the Note, (3) the validity or enforceability of any of such instruments or the transactions contemplated hereby or thereby, (4) the title of any officer of the Issuer who executed such instruments, or (5) any authority or proceedings related to the execution and delivery of such instruments on behalf of the Issuer. No such authority or proceedings have been repealed, revoked, rescinded or amended, and all are in full force and effect.
(g) The Issuer hereby finds that the refunding of the Prior Bonds is advisable and will serve the purposes of the Act.
(h) The issuance of the Prior Bonds was approved by the Issuer at a meeting duly called and held on November 19August 21, 1986, notice of which meeting was published in a newspaper having general circulation in ▇▇▇▇▇▇▇▇ Perry County, West Virginia Ohio on November 5 and November 12August 6, 1986.
Appears in 1 contract
Representations by Issuer. The Issuer makes the following representations:
(a) The Issuer is a political subdivision of the State of West Virginia and has the power to enter into the Financing Instruments to which it is a party and the transactions contemplated thereby and to perform its obligations thereunder, to issue the Bonds to refund the Prior Bonds, and to assign the Note to the Trustee.
(b) By proper action in the form of resolutions adopted by The County Commission Common Council of ▇▇▇▇▇▇▇▇ Countythe City of Beckley, West Virginia, the Issuer has duly authorized the execution and delivery of the Financing Instruments to which it is a party, and the Bonds, the performance of its obligations thereunder and the issuance of the Bonds and, simultaneously with the execution and delivery of this Financing Agreement, the Issuer has duly executed and delivered the Financing Instruments to which it is a party and issued and sold the Bonds.
(c) To the best of its knowledge, the Issuer is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing under the provisions of any such instrument that with the lapse of time or the giving of notice, or both, would constitute an event of default thereunder; provided, however, that no representation is expressed concerning previously issued revenue bonds for private parties under the Act, the status of which have no adverse effect on the Issuer's power or authority to carry out the transactions contemplated by this Financing Agreement.
(d) The Issuer is not (1) in violation of the Act or any existing law, rule or regulation applicable to it or (2) in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which any of its assets are subject; provided, however, that no representation is expressed concerning previously issued revenue bonds for private parties under the Act, the status of which have no adverse effect on the Issuer's power or authority to carry out the transactions contemplated by this Financing Agreement. The execution and delivery by the Issuer of the Financing Instruments to which it is a party and the Bonds and the compliance with the terms and conditions thereof will not conflict with or result in the breach of or constitute a default under any of the above described documents or other restrictions.
(e) No further approval, consent or withholding of objection on the part of any regulatory body, federal, state or local, is required in connection with (1) the issuance and delivery of the Bonds by the Issuer, (2) the execution or delivery of or compliance by the Issuer with the terms and conditions of the Financing Instruments to which it is a party, or (3) the assignment and pledge by the Issuer pursuant to the Indenture of its rights under this Financing Agreement including the Note and the payments thereon by the Company, as security for payment of the principal of and interest on the Bonds. The consummation by the Issuer of the transactions set forth in the manner and under the terms and conditions as provided herein will comply with all applicable state, local or federal laws and any rules and regulations promulgated thereunder by any regulatory authority or agency.
(f) No litigation, inquiry or investigation of any kind in or by any judicial or administrative court or agency is pending or, to its knowledge, threatened against the Issuer with respect to (1) the organization and existence of the Issuer, (2) its authority to execute or deliver the Financing Instruments to which it is a party, the Indenture or the Bonds or the assignment of the Note, (3) the validity or enforceability of any of such instruments or the transactions contemplated hereby or thereby, (4) the title of any officer of the Issuer who executed such instruments, or (5) any authority or proceedings related to the execution and delivery of such instruments on behalf of the Issuer. No such authority or proceedings have been repealed, revoked, rescinded or amended, and all are in full force and effect.
(g) The Issuer hereby finds that the refunding of the Prior Bonds is advisable and will serve the purposes of the Act.
(h) The issuance of the Prior Bonds was approved by the Issuer at a meeting duly called and held on November 19July 22, 1986, notice of which meeting was published in a newspaper having general circulation in ▇▇▇▇▇▇▇▇ CountyCity of Beckley, West Virginia on November 5 and November 12July 8, 1986.
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