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' 8 <br /> the Company and the Loan Program. <br /> 3.04. The Company shall not amend any provision of its Governing Documents <br /> without the,County's prior express approval. <br /> ARTICLE IV <br /> REPRESENTATIONS ANTI WARRANTIES <br /> The County and Company hereby represent and warrant, one to the other, as <br /> follows: <br /> (a) Each has full power and authority to enter into this Support Agreement, and <br /> each has duly authorized, executed and delivered this Support Agreement. <br /> (b) The execution and delivery of this Support Agreement, the approval and <br /> consummation of the transactions contemplated by this Support Agreement, and the <br /> fulfillment of the terms and conditions of this Support Agreement do not and will not <br /> constitute on the part of either party a breach of or default under any mortgage, contract <br /> or other agreement or instrument to which such organization is a party or by which it is <br /> bound, or result in any material breach of any existing law, public administrative rule or <br /> regulation,judgment, court order or consent decree to which such organization is subject. <br /> (c) There is no action, suit, proceeding, inquiry or investigation, at law or in <br /> equity, before or by any.court, public board or body, pending or known to be threatened <br /> against.or affecting the County (or any official thereof in an official capacity) or the <br /> Company, nor to the best knowledge of the County or the Company is there any basis <br /> therefor, wherein an unfavorable decision, ruling, -or finding would materially and <br /> adversely affect the ability of such party to perform its obligations under this Support <br /> Agreement or which would adversely affect, in any way, the validity or enforceability of <br /> this Support Agreement. <br /> (d) Upon the execution and delivery of this Support Agreement, all acts, <br /> conditions and things required by the Constitution and statutes of the State of North <br /> Carolina to have happened, exist and to be performed precedent to such execution and <br /> delivery shall have happened, exist and have been performed. This Support Agreement, <br /> when executed and delivered by the County and Company, will be the legal, valid and <br /> binding obligation of each party, enforceable in accordance with its terms. <br /> 4 <br />