201007635 - Laserfiche WebLink

Browse

�oioo�s3� vvould give rise ta a Recapture Event, of which, in either event, iC shall become aware of. Upon the givin� of notice to the Owner, the Authority shall also pravide copies of any such notice(s) to the Tax CrediC Investor and the Lender. The failure af the Autharity to provide notice as herein xequired shall not relieve the Owner of any obligation hereunder or prevent the declaration or accurr�nce of a Recapture Evexit, nor shall it serve to relieve the Ovvner af any of the consequences thereof. Section 6.�. Preservatinn of Ri hts and Remedies Any action under this Article VI will nat limit or deprive the Autharity or the Treasury from exercising any other rights and rem�dies that they have under law or equity, or any rights and remedies provided herein with respect ta Events of Default. ARTICLE VII REPRESENTATION5 AND WARRANT�ES Section 7.1. Re resentations Warranties and Covenants of the Owner The Owner h�reby represents, warrants and covenants to the Authority thaC the following are true and correct as of Clasing and will be true and cozxect on the due date of each disbursement of the Subaward, ar�d as applicable, thraughaut the Compliance Periad: (a) The Uwncr is and shall cantinue to be duly organized, validly existing and in goad standings under the laws of the state af its organizatian and has full power and autharity to perfarm its obligations under this Agreernent. (b) No ]itigation, demand, investigation, clairn or proceeding against the Owner or any other litigation or proceeding directly affecCing the Pxoject is pendin� or, to the best knowledge of the Owner, threatened, before any court, administrative agency or other Governmental Authority that would, if adversely detez have a material adverse eFfect an the Owner or the construction, use and operation of the Project. (c) No default by the Owner or any affiliate thereaf lhaving any relatianship with the Praject has occurred or is continuing (nor has there occurred any continuing event which, with the giving of natice or the passage af time or boCh, wauld constitute such a default in any material respect) under any of the financing dacuments for the Praject ar other dacuznents or instrunnents governing the development, use, occupancy and operation of the Praject. (d) All matcrial building, zoning, health, safety, business and ather applicable certificates, permiCs and licenses necessary to permit the constructinn, use, occupancy and operation of the Projcct have been or will, at the tirne reauired, be obtained and maintained (other than, prior Co completion of construction of the Project or a spcci�ed portion thereof, such as are issuable only upon cornpletion of construction or such specified portion thereo�; and the Owner has nat received any nvtice or has any knowledge of any vialation with r�spect to the Project of any law, rulc, regulation, order ar decree of any Gnvernmental Authority having jurisdiction which would have a material adverse effect on the Prnject or the constructian, use or occupancy thereof, except far violations which have been cured or can be cured within a.ny applicable cure periad, and are in the process of being cured, and notices ar citations which have -13- 4841 •2135-3478.2