Common use of Trust Representations and Warranties Clause in Contracts

Trust Representations and Warranties. CC Trust represents and warrants the following to the actual and current knowledge of CC Trust: (a) CC Trust represents that it is a duly organized duly organized and validly existing public trust under the laws of the State of Oklahoma. (b) CC Trust’s ability to assist in the financing and cause the accomplishment of the Anchor Project with Public Assistance from NTIFA and the development obligations of Landowner has induced CC Trust to proceed with causing the construction of the Anchor Project, and CC Trust hereby covenants, subject to the terms and conditions and limitations herein provided, to complete, or cause the completion of, construction of the same and continue to maintain and operate, or cause to be maintained and operated, the Anchor Project. (c) CC Trust is fully empowered to enter into this Agreement and to perform the transactions contemplated thereby and generally to carry out its obligations hereunder and thereunder. CC Trust has duly authorized its Chairperson, or in the Chairperson’s absence, its Vice Chairperson, to execute and deliver this Agreement and all other documentation required to consummate the transaction contemplated herein on behalf of CC Trust. (d) The performance by CC Trust under this Agreement will not violate any provision or constitute a default under any indenture, agreement or instrument to which CC Trust is currently bound or by which it is affected. (e) To the knowledge of the undersigned officer of CC Trust, there is no action, suit, proceeding or inquiry at law or in equity pending or threatened, affecting CC Trust wherein any unfavorable decision, ruling or finding would materially adversely affect CC Trust’s ability to perform under this Agreement or under any other instrument pertinent to the transaction contemplated herein to which CC Trust is a party. Tentative (f) CC Trust warrants that it has not paid or given and will not pay or give any officer, employee or agent of NTIFA any money or other consideration for obtaining this Agreement. CC Trust further represents that, to its best knowledge and belief, no officer, employee or agent of NTIFA who exercises or has exercised any functions or responsibilities with respect to the Anchor Project during his or her tenure, or who is in a position to participate in a decision making process with regard to the Anchor Project, has or will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Anchor Project, or in any activity, or benefit therefrom, during or after the term of this Agreement. (g) To the knowledge of the undersigned officer of CC Trust, based upon representations of Landowner, all utility services necessary for the development and construction of the Anchor Project are, or by completion of the Anchor Project will be, available to the Property, including water, storm and sanitary sewer facilities, electric and gas utilities, and telephone services. (h) Neither this Agreement nor any statement or document referred to herein or delivered by CC Trust pursuant to this Agreement contains any statement which CC Trust knows to be untrue or omits to state a material fact known to CC Trust that is necessary to make the statements made herein or therein not misleading.

Trust Representations and Warranties. CC Trust represents and warrants the following to the actual and current knowledge of CC Trust: (a) CC Trust represents that it is a duly organized duly organized and validly existing public trust under the laws of the State of Oklahoma. (b) CC Trust’s ability to assist in the financing and cause the accomplishment of the Anchor Project with Public Assistance from NTIFA and the development obligations of Landowner has induced CC Trust to proceed with causing the construction of the Anchor Project, and CC Trust hereby covenants, subject to the terms and conditions and limitations herein provided, to complete, or cause the completion of, construction of the same and continue to maintain and operate, or cause to be maintained and operated, the Anchor Project. (c) CC Trust is fully empowered to enter into this Agreement and to perform the transactions contemplated thereby and generally to carry out its obligations hereunder and thereunder. CC Trust has duly authorized its Chairperson, or in the Chairperson’s absence, its Vice Chairperson, to execute and deliver this Agreement and all other documentation required to consummate the transaction contemplated herein on behalf of CC Trust. (d) The performance by CC Trust under this Agreement will not violate any provision or constitute a default under any indenture, agreement or instrument to which CC Trust is currently bound or by which it is affected. (e) To the knowledge of the undersigned officer of CC Trust, there is no action, suit, proceeding or inquiry at law or in equity pending or threatened, affecting CC Trust wherein any unfavorable decision, ruling or finding would materially adversely affect CC Trust’s ability to perform under this Agreement or under any other instrument pertinent to the transaction contemplated herein to which CC Trust is a party. TentativeTenataive (f) CC Trust warrants that it has not paid or given and will not pay or give any officer, employee or agent of NTIFA any money or other consideration for obtaining this Agreement. CC Trust further represents that, to its best knowledge and belief, no officer, employee or agent of NTIFA who exercises or has exercised any functions or responsibilities with respect to the Anchor Project during his or her tenure, or who is in a position to participate in a decision making process with regard to the Anchor Project, has or will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Anchor Project, or in any activity, or benefit therefrom, during or after the term of this Agreement. (g) To the knowledge of the undersigned officer of CC Trust, based upon representations of Landowner, all utility services necessary for the development and construction of the Anchor Project are, or by completion of the Anchor Project will be, available to the Property, including water, storm and sanitary sewer facilities, electric and gas utilities, and telephone services. (h) Neither this Agreement nor any statement or document referred to herein or delivered by CC Trust pursuant to this Agreement contains any statement which CC Trust knows to be untrue or omits to state a material fact known to CC Trust that is necessary to make the statements made herein or therein not misleading.