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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 />RFPUFCFNTATION W RRANTIFc <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 fmding 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 Caunty and Company, will be the legal, valid and <br />binding obligation of each party, enforceable in accordance with its terms. <br />4 <br />