In addition to the representations and warranties identified elsewhere in these NCPs for Social Infrastructure, the private party will provide a series of representations and warranties for the benefit of government, including that:148
(a) it has corporate status to enter into the transaction and is solvent;
(b) it has the power to own its property and enter into the transaction;
(c) all authorisations to enter into the transaction have been obtained;
(d) all obligations in the Project Contracts are binding on it;
(e) its compliance with the Project Contracts will not cause any contravention of Law, or of any authorisation or undertaking, or of its own constitution;
(f) it is not acting as a trustee of a trust except to the extent agreed by government in writing (if the private party is acting as a trustee this representation and warranty will be removed and appropriate trustee representations, warranties and undertakings will be included in the project agreement);
(g) no proceedings are current or pending which have, or may have, a material adverse effect on:
(i) its ability to perform its obligations; or
(ii) the rights of government under a Project Contract;
(iii)
(h) all information given to government is true, accurate and not misleading;
(i) no filings or taxes are needed to make the project agreement binding;
(j) no default has occurred and is subsisting;
(k) there are no security interests other than Permitted Security Interests over its property; and
(l) government has been provided with all material documents relating to financing.
The above list of representations and warranties is not an exhaustive list.
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148 See section 1.3.3 of Chapter 1 Contractual issues) regarding government warranties.