satisfied all conditions and requirements set forth in the Promissory Note and Supplement relazing to that
loan.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
Te induce CoBank to enter into and make loans under each Promissery Note and Suppiement,
the Company represenzs and warrants that:
SECTION 4,01. Organization, Etc. The Company: {1} is a corporation duly organized,
valtd-y existing, and in good standing under the Laws of the State of New Hampshire; (2) has the pawer
end authority to own its assets and fo transact the business in which it is engaged or proposes to engage
and to enter int® and perforn the Loan Documents; and (3} is duly qualified to do business in, and is in
good standing under the Laws of, each jurisdiction in which such qual:fication is required.
SECTION 4.62, Loan Documents. This Agreement, the Promissory “ote and Supplement,
and al! other Loan Dacuments: (1) have bcen duly authorized, executed and delivered by the Company
and each ather Person that is a party thercto; and (2) create lega!, valid and binding ohiigations of the
Company and each other Person that is a party thereto which are enforceable in accordance with their
terms, éxcept to the extent that enforcement may be limited by applicable bankruptcy, insolvency or
similar Laws affecting creditors’ rights generally.
SECTION 4.03. Operation of Business. The Company possesses all licenses, certificates,
permits, authorizations, approvals, franchises, patents, copyrights, trademarks, trade names, riglits
thercta, or the like which are material to the operation of its business or required by Law, and the
Company is not in violation of the rights of others with respect thereto.
SECTEON 4.04. Litigation. Except as disclosed in any application submited in connection
with the Promissory Note and Supplement, there are no pending or threatencd actions or proceedings
against or affecting the Company before any court, governmental agency, mediator, arbitrator, or the like
which could, in any one case or in the aggregate, if adversely decided, have a Material Adverse Effect.
SECTION 4.05. Ownership and Subsidiaries. The Company: (A) ts owned 100% by the
Ciuarantor; and (2) has no Subsidiaries,
SECTION 4.06. Financial Statements. The Financial Statements are compiete and correct
and fairly present the financial condition of the Company, and the results of the operations of the
Company as of the date and for the periods covered by such Financial Statements, all in accordance with
GAAP consistently applied. Since the date of the most recent Financial Statement, there has been no
material adverse change in the condition, financial or otherwise, business or operations of the Company.
There are no liabHities of the Company which are material but not reflected in the Financial Statements
or in the notes thereto.
SECTION 4.07. Ownership and Liens. The Company has title to, or valid easement or
leasehold interests in, all of its properties, real and personal, including the property and leasehold
interests reflected in the Financia! Statements (other than any property disposed of in the ordinary course
af business), and none of the properties or leasehold interests of the Company are subject to any Lien,
except such as may be permitted under Section 6.01 of this Agreement.
