12-13-2021 FINAL Packet - Laserfiche WebLink

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7 (d) This Financing Agreement has been duly executed and delivered by the Building Corporation and constitutes the legal, valid and binding agreement of the Building Corporation, enforceable against the Building Corporation in accordance with its terms, except as may be limited by bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ rights in general. The enforceability of the Building Corporation’s obligations under said document is subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (e) No event has occurred and is continuing which with the lapse of time or the giving of notice would constitute an event of default under this Financing Agreement. Section 2.3. Representations by Corporation. The Corporation represents and warrants that: (a) It is a non-profit corporation duly organized and validly existing under the laws of the State of Indiana and is an organization described in Section 501(c)(3) of the Code, exempt from federal income taxation under Section 501(a) of the Code, and is not a private foundation within the meaning of Section 509 (a) of the Code, is not in violation of any laws in any manner material to its ability to perform its obligations under this Financing Agreement, and has full power to enter into and by proper action has duly authorized the execution and delivery of this Financing Agreement. (b) 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 the Corporation’s Articles of Incorporation or By-laws, or any restriction or any agreement or instrument to which the Corporation 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 the Corporation to perform its obligations hereunder), or any statute, order, rule or regulation of any court or governmental agency or body having jurisdiction over the Corporation 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 the Corporation under the terms of any instrument or agreement, except as may be set forth in this Financing Agreement. (c) There are no actions, suits or proceedings pending, or, to the knowledge of the Corporation, threatened, before any court, administrative agency or arbitrator which, individually or in the aggregate, if determined adversely to the Corporation, could materially and adversely affect the transactions contemplated by this Financing Agreement or which in any way would affect the validity and enforceability of such document or the ability of the Corporation to perform its obligations under this Financing Agreement. (d) This Financing Agreement has been duly executed and delivered by the Corporation and constitutes the legal, valid and binding agreement of the Corporation, enforceable against the Corporation in accordance with its terms, except as may be limited by bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ rights in general. (e) No event has occurred and is continuing which with the lapse of time or the giving of notice would constitute an event of default under this Financing Agreement. The enforceability