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2. PROJECT. The economic development project (hereinafter "Project") consists of <br />a life sciences product manufacturing process, and new machinery and equipment to be installed <br />in a manufacturing facility by the COMPANY in Lee County, North Carolina, which will have a <br />cumulative initial net new ad valorem taxable investment (prior to depreciation) of at least <br />$100,000,000.00 (ONE HUNDRED MILLION DOLLARS) and will create and maintain, as <br />further described in paragraph 5, at least 50 (FIFTY) New Jobs at an average annual wage of at <br />least $90,000 (NINETY THOUSAND DOLLARS), as finther described herein. <br />3. REPRESENTATIONS BY THE COMPANY. The COMPANY makes the <br />following representations as the basis for the undertakings on its part herein contained: <br />a. The COMPANY is a State of Maine Limited Liability Company authorized <br />to do business in North Carolina and in good standing under the laws of the <br />State of North Carolina. The COMPANY has the power and authority to <br />enter into this Agreement, to perform its obligations under and consummate <br />the transaction contemplated by this Agreement, and has by proper action <br />duly authorized the execution and delivery of this Agreement. <br />b. Neither the execution or delivery of this Agreement nor the performance of <br />the obligations under or consummation of the transactions contemplated by <br />this Agreement violates or will violate any law or governmental order, <br />conflicts or will conflict with any provisions of the Articles of Incorporation <br />or the By -Laws of the COMPANY or any material term or provision of any <br />agreement or instrument to which the COMPANY is a party or by which it <br />is bound, or constitutes or will constitute a material breach of or a default <br />under any such agreement or instrument. <br />C. The COMPANY presently intends to operate the Project as a <br />pharmaceutical manufacturing operation at a facility within the COUNTY <br />until the COUNTY receives the prospective tax revenues from the <br />improvements on the property and until the COMPANY creates at least 50 <br />(FIFTY) New Jobs to be maintained through the end of the Incentive Period <br />as set forth in Paragraph 1 of this Agreement, all conditions of which were <br />contemplated in arriving at the consideration that it receives pursuant to this <br />Agreement. <br />d. The COMPANY hereby certifies that without (BUT FOR) the incentives <br />provided by the COUNTY, it would not conduct the Project in the County. <br />e. The COMPANY certifies it was considering other states for this project. <br />f. The COMPANY has been informed and understands that reimbursement <br />will be made only for the New Jobs created at an average annual wage rate <br />stated herein, the maintenance of existing jobs, and verifiable investment — <br />through an increase in taxable property and machinery — as of December <br />31, 2016, as is further agreed to herein and as shown on Exhibits A and B. <br />2 <br />