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<br />contemplated for use by the Issuer in consummating the transactions contemplated thereby
<br />and hereby).
<br />(g) To the Issuer’s knowledge, the execution and delivery by the Iss uer of
<br />the Original Agreement, the First Amended and Restated Agreement, the Second Amended and
<br />Restated Agreement and this Third Amended and Restated Agreement, the Bond Purchase and
<br />Covenant Agreement, the Amended and Restated Bond Purchase and Covenant Agreement the
<br />Letter of Representations, the Original Indenture, the Amended and Restated Indenture, the Second
<br />Amended and Restated Indenture and the Third Amended and Restated Indenture and compliance
<br />with the provisions of each of such instruments will not conflict with or constitute a breach
<br />of, or default under, any material commitment, agreement or other instrument to which the Issuer
<br />is a party or by which it is bound, or under any provision of the Act, the Constitution of the
<br />State or any existing law, rule, regulation, ordinance, judgment, order or decree to which the
<br />Issuer is subject.
<br />(h) The Issuer will do or cause to be done all things necessary, so far as
<br />lawful, to preserve and keep in full force and effect its existence or to assure the assumption of its
<br />obligations under the Original Agreement, the First Amended and Restated Agreement, the Second
<br />Amended and Restated Agreement, this Third Amended and Restated Agreement, the Original
<br />Indenture, the Amended and Restated Indenture, the Second Amended and Restated
<br />Indenture, the Third Amended and Restated Indenture, the Letter of Representations and the
<br />Bonds by any successor public body.
<br />(i) The Issuer has not pledged or assigned and will not pledge or assign its
<br />interest in the Original Agreement, the First Amended and Restated Agreement, the Second
<br />Amended and Restated Agreement, this Third Amended and Restated Agreement or the
<br />Revenues, other than to the Trustee under the Original Indenture as amended and restated by the
<br />Amended and Restated Indenture, as amended and restated by the Second Amended and Restated
<br />Indenture and as amended and restated by the Third Amended and Restated Indenture to
<br />secure the Bonds.
<br />The Issuer will not purchase any of the Project Bonds.
<br />Section 2.2. Representations, Warranties and Covenants of the Borrower. The
<br />Borrower represents, warrants and covenants that:
<br />(a) Tuliptree is a limited liability company duly organized and validly existing
<br />under the laws of the Commonwealth of Pennsylvania and is duly authorized to do business in
<br />the Commonwealth. The Borrower has full power and authority to execute, deliver and perform
<br />the Original Agreement, the First Amended and Restated Agreement, the Second Amended and
<br />Restated Agreement, this Third Amended and Restated Agreement, the Bond Purchase and
<br />Covenant Agreement, the Amended and Restated Bond Purchase and Covenant Agreement,
<br />the Reimbursement Agreement, the Remarketing Agreement and the Project Note and to enter
<br />into and carry out the transactions contemplated by those documents. That execution, delivery
<br />and performance do not, and will not, violate any provision of law applicable to the Borrower
<br />or its Articles of Incorporation, Articles of Organization, Bylaws or Operating Agreement, as
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