Form It-Qbe - Qualified Business Expansion Application (Page 5 of 6) in pdf

IT-QBE

G. REPRESENTATIONS AND WARRANTIES BY THE COMPANY:

Except as reflected or as stated in a signed attachment hereto, the Company hereby makes the

following representations and warranties and acknowledges and agrees that such representations and

warranties have been material to the determination that the Company is a qualifying business which

meets the criteria of O.C.G.A. §48-7-40.21 by a panel consisting of the Commissioner of Industry,

Trade and Tourism, the Commissioner of Community Affairs and the Director of the Office of

Planning and Budget. Further, the Company agrees that such representations and warranties

are

true,

accurate and complete to the best of the knowledge of the Company:

(a) The Company is not in any material default (i) under its corporate organization or

governing documents or under any statute, license, rule or regulation, (ii) under any order, writ,

injunction, award or decree of which it has notice of any court, arbitrator, administrative agency or

other governmental authority binding upon or affecting it by which any of its properties is bound or

(iii) under any material indenture, mortgage, contract, agreement or other undertaking or instrument

to which it is a party or by which it or its property is bound; and nothing has occurred which would

materially adversely affect the ability of the Company to carry on its business or perform its

obligations under any of the foregoing;

(b) All federal and Georgia tax returns and reports of the Company required by law to be

filed have been duly filed and all taxes, assessments, fees and other governmental charges upon the

Company or upon any of its respective properties, assets, income or franchises which are due and

payable pursuant to such returns and reports, or pursuant to any assessment received by the

Company have been paid, other than those which may be presently payable without penalty or

interest (except to the extent that any such tax or assessment is being contested in good faith and as

to which adequate reserves have been set aside); and

decree, order, rule or regulation which in the judgment of the Company has or is expected in the

future to have a materially adverse effect on the business, assets, financial condition or business

prospects of the Project or the Company as a whole; the Company is not a party to any contract or

agreement which in the judgment of the Company has or is expected to have any materially adverse

effect on the business of the Company as a whole, except as otherwise reflected in adequate reserves.

Date:

Applicant:

By:

Signature of Authorized Officer

Title:

Phone Number:

Form It-Qbe - Qualified Business Expansion Application Page 5