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044 <br />• <br />• <br />STATE OF NORTH CAROLINA ) <br />COUNTY OF LEE ) <br />AGREEMENT REGARDING INCENTIVE <br />FUNDSFOR <br />RED WOLF LLC <br />THIS AGREEMENT, made and entered into this the day of <br />, 2009, by and between LEE COUNTY ECONOMIC <br />DEVELOPMENT CORPORATION, a North Carolina non-profit corporation (hereinafter <br />referred to as LCEDC), and RED WOLF LLC, a limited liability company with an office <br />and place of business in Sanford, N.C. (hereinafter referred to as Company); <br />WITNESSETH: <br />WHEREAS, LCEDC has entered into an agreement with Lee County (County) <br />and the City of Sanford (City) with regard to providing economic development funds in <br />support of the development of the Red Wolf LLC manufacturing facility as described in <br />the contracts which are attached as Exhibits "A" and "B"; and <br />In consideration of the foregoing, the benefits accruing to Red Wolf LLC, the <br />representations and mutual promises contained herein, the parties have agreed as follows: <br />I. Representations by Red Wolf LLC. Red Wolf LLC makes the following <br />representations as the basis for the undertakings on its part herein contained: <br />a. The Company is a North Carolina limited liability company duly <br />organized and existing and in good standing under the laws of the <br />State of North Carolina. The Company has the power and <br />authority to enter into this Agreement, to perform its obligations <br />under and consummate the transaction contemplated by this <br />Agreement, and has by proper action duly authorized the execution <br />and delivery of this Agreement. <br />b. Neither the execution or delivery of this Agreement nor the <br />performance of the obligations under or consummation of the <br />transactions contemplated by this Agreement violates or will <br />violate any law or governmental order, conflicts or will conflict <br />with any provisions of the articles of organization or the operating <br />agreement of the company or any material term or provision of any <br />agreement or instrument to which the limited liability company is a <br />party or by which it is bound, or constitutes or will constitute a <br />material breach of or a default under any such agreement or <br />instrument. <br />C. The project consists of the cost of retrofitting space and the cost of <br />new machinery for the Red Wolf LLC on property leased by it in <br />the City of Sanford, Lee County, North Carolina, the building and <br />2 of 27 <br />