Common use of General Representations of the Parties Clause in Contracts

General Representations of the Parties. Each party represents and warrants to the other party that, as of the date hereof, as of the date of the execution of each Equipment Schedule and as of the date of each extension, modification or amendment of this Lease and each Equipment Schedule, and covenants and agrees with the other party that for so long as any Equipment is leased pursuant hereto: (a) such party is and will continue to be a corporation or other entity duly organized, validly existing and in good standing under the laws of its state of organization and maintains its chief executive office at the address(es) set forth for it either on the signature page to this Lease (and any Equipment Schedule entered into pursuant hereto) or in the introduction thereto, or as otherwise set forth in a written notice to the other party; (b) such party has and will maintain the legal capacity, power, authority and unrestricted right to execute and deliver this Lease (and any Equipment Schedule entered into pursuant hereto) and to perform all of its obligations hereunder; (c) the execution and delivery by such party of this Lease (and any Equipment Schedule entered into pursuant hereto) and the performance by such party of all of its obligations hereunder will not violate or be in conflict with any term or provision of (i) any applicable law, (ii) any judgment, order, writ, injunction, decree or consent of any court or other judicial authority applicable to such party or any material part of such party's assets and properties, (iii) any of the organizational or governing documents of such party, or (iv) any material agreement, document or obligation to which it is a party, and such party will not adopt any such conflicting organizational or governing document or enter into any such conflicting agreement, document or obligation; (d) no consent, approval or authorization of, or registration, declaration or filing with, any governmental authority or other person (including any equity holder of any party) is required as a condition precedent, concurrent or subsequent to or in connection with the due and valid execution, delivery and performance by such party of this Lease (and any Equipment Schedule entered into pursuant hereto) or the legality, validity, binding effect or enforceability of any of the terms and provisions of this Lease (and any Equipment Schedule entered into pursuant hereto); (d) this Lease (and any Equipment Schedule entered into pursuant hereto) is a legal, valid and binding obligation of such party, enforceable against such party in accordance with their respective terms and provisions; and (e) each party has independently and fully reviewed and evaluated this Lease (and any Equipment Schedule entered into pursuant hereto) and all related documents, the contemplated obligations and transactions and the potential effects of such obligations and transactions on the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation, taxation or condition (financial or otherwise) of such party and its affiliates, which review and evaluation was made together with the officers, directors and other representatives of such party, its legal counsel and (to the extent deemed prudent by such party) other legal counsel and financial and other advisors to such party, and such party hereby absolutely, unconditionally, irrevocably, expressly and forever assumes any and all attendant risks and waives any and all rights, claims, defenses or objections with respect thereto

General Representations of the Parties. Each party Party represents and warrants to the other party Party that, as of the date hereof, as of the date of the execution of each Equipment Schedule hereof and as of the date of each extension, modification or amendment of this Lease and each Equipment ScheduleAgreement, and covenants and agrees with the other party Party that for so long as products and services are being provided by SIT to the Company or any Equipment is leased pursuant heretoof its affiliates under this Agreement: (a) such party Party is and will continue to be a corporation or other entity duly organized, validly existing and in good standing under the laws of its state of organization and maintains its chief executive office at the address(es) set forth for it either on the signature page to this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement or in the introduction thereto, or as otherwise set forth in a written notice to the other partyParty; (b) such party Party has and will maintain the legal capacity, power, authority and unrestricted right to execute and deliver this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and to perform all of its obligations hereunder; (c) the execution and delivery by such party Party of this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and the performance by such party Party of all of its obligations hereunder will not violate or be in conflict with any term or provision of (i) any applicable law, (ii) any judgment, order, writ, injunction, decree or consent of any court or other judicial authority applicable to such party Party or any material part of such partyParty's assets and properties, (iii) any of the organizational or governing documents of such partyParty, or (iv) any material agreement, document or obligation to which it is a partyParty, and such party Party will not adopt any such conflicting organizational or governing document or enter into any such conflicting agreement, document or obligation; (d) no consent, approval or authorization of, or registration, declaration or filing with, any governmental authority or other person (including any equity holder of any party) is required as a condition precedent, concurrent or subsequent to or in connection with the due and valid execution, delivery and performance by such party Party of this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement or the legality, validity, binding effect or enforceability of any of the terms and provisions of this Lease (and any Equipment Schedule entered into pursuant hereto)Agreement; (de) this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement is a legal, valid and binding obligation of such partyParty, enforceable against such party Party in accordance with their respective terms and provisions; (f) the Services will not be requested, provided or used for any illicit or illegal business or scheme; (g) the financial information (if any) respecting the Customer furnished to SPAR is complete, accurate and fairly presents the financial condition of the Customer; (h) the information furnished or to be furnished by or on behalf of a Party to the other Party does not and will not contain a misstatement of a material fact or omit to state a material fact required to be stated therein in order to make it, in the light of the circumstances under which made, not misleading; and (ei) each party Party has independently and fully reviewed and evaluated this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and all related documents, the contemplated obligations and transactions and the potential effects of such obligations and transactions on the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation, taxation or condition (financial or otherwise) of such party Party and its affiliates, which review and evaluation was made together with the officers, directors and other representatives of such partyParty, its legal counsel and (to the extent deemed prudent by such partyParty) other legal counsel and financial and other advisors to such partyParty, and such party Party hereby absolutely, unconditionally, irrevocably, expressly and forever assumes any and all attendant risks and waives any and all rights, claims, defenses or objections with respect thereto.

General Representations of the Parties. Each party Party represents and warrants to the other party Party that, as of the date hereof, as of the date of the execution of each Equipment Schedule hereof and as of the date of each extension, modification or amendment of this Lease and each Equipment ScheduleAgreement, and covenants and agrees with the other party Party that for so long as products and services are being provided by SMSI to the Company or any Equipment is leased pursuant heretoof its affiliates under this Agreement: (a) such party Party is and will continue to be a corporation or other entity duly organized, validly existing and in good standing under the laws of its state of organization and maintains its chief executive office at the address(es) set forth for it either on the signature page to this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement or in the introduction thereto, or as otherwise set forth in a written notice to the other partyParty; (b) such party Party has and will maintain the legal capacity, power, authority and unrestricted right to execute and deliver this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and to perform all of its obligations hereunder; (c) the execution and delivery by such party Party of this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and the performance by such party Party of all of its obligations hereunder will not violate or be in conflict with any term or provision of (i) any applicable law, (ii) any judgment, order, writ, injunction, decree or consent of any court or other judicial authority applicable to such party Party or any material part of such partyParty's assets and properties, (iii) any of the organizational or governing documents of such partyParty, or (iv) any material agreement, document or obligation to which it is a partyParty, and such party Party will not adopt any such conflicting organizational or governing document or enter into any such conflicting agreement, document or obligation; (d) no consent, approval or authorization of, or registration, declaration or filing with, any governmental authority or other person (including any equity holder of any party) is required as a condition precedent, concurrent or subsequent to or in connection with the due and valid execution, delivery and performance by such party Party of this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement or the legality, validity, binding effect or enforceability of any of the terms and provisions of this Lease (and any Equipment Schedule entered into pursuant hereto)Agreement; (de) this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement is a legal, valid and binding obligation of such partyParty, enforceable against such party Party in accordance with their respective terms and provisions; (f) the Services will not be requested, provided or used for any illicit or illegal business or scheme; (g) the financial information (if any) respecting the Customer furnished to SPAR is complete, accurate and fairly presents the financial condition of the Customer; (h) the information furnished or to be furnished by or on behalf of a Party to the other Party does not and will not contain a misstatement of a material fact or omit to state a material fact required to be stated therein in order to make it, in the light of the circumstances under which made, not misleading; and (ei) each party Party has independently and fully reviewed and evaluated this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and all related documents, the contemplated obligations and transactions and the potential effects of such obligations and transactions on the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation, taxation or condition (financial or otherwise) of such party Party and its affiliates, which review and evaluation was made together with the officers, directors and other representatives of such partyParty, its legal counsel and (to the extent deemed prudent by such partyParty) other legal counsel and financial and other advisors to such partyParty, and such party Party hereby absolutely, unconditionally, irrevocably, expressly and forever assumes any and all attendant risks and waives any and all rights, claims, defenses or objections with respect thereto.

General Representations of the Parties. Each party Party represents and warrants to the other party Party that, as of the date hereof, as of the date of the execution of each Equipment Schedule hereof and as of the date of each extension, modification or amendment of this Lease and each Equipment ScheduleAgreement, and covenants and agrees with the other party Party that for so long as products and services are being provided by SMS to the Company or any Equipment is leased pursuant heretoof its affiliates under this Agreement: (a) such party Party is and will continue to be a corporation or other entity duly organized, validly existing and in good standing under the laws of its state of organization and maintains its chief executive office at the address(es) set forth for it either on the signature page to this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement or in the introduction thereto, or as otherwise set forth in a written notice to the other partyParty; (b) such party Party has and will maintain the legal capacity, power, authority and unrestricted right to execute and deliver this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and to perform all of its obligations hereunder; (c) the execution and delivery by such party Party of this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and the performance by such party Party of all of its obligations hereunder will not violate or be in conflict with any term or provision of (i) any applicable law, (ii) any judgment, order, writ, injunction, decree or consent of any court or other judicial authority applicable to such party Party or any material part of such partyParty's assets and properties, (iii) any of the organizational or governing documents of such partyParty, or (iv) any material agreement, document or obligation to which it is a partyParty, and such party Party will not adopt any such conflicting organizational or governing document or enter into any such conflicting agreement, document or obligation; (d) no consent, approval or authorization of, or registration, declaration or filing with, any governmental authority or other person (including any equity holder of any party) is required as a condition precedent, concurrent or subsequent to or in connection with the due and valid execution, delivery and performance by such party Party of this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement or the legality, validity, binding effect or enforceability of any of the terms and provisions of this Lease (and any Equipment Schedule entered into pursuant hereto)Agreement; (de) this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement is a legal, valid and binding obligation of such partyParty, enforceable against such party Party in accordance with their respective terms and provisions; (f) the Services will not be requested, provided or used for any illicit or illegal business or scheme; (g) the financial information (if any) respecting the Customer furnished to SPAR is complete, accurate and fairly presents the financial condition of the Customer; (h) the information furnished or to be furnished by or on behalf of a Party to the other Party does not and will not contain a misstatement of a material fact or omit to state a material fact required to be stated therein in order to make it, in the light of the circumstances under which made, not misleading; and (ei) each party Party has independently and fully reviewed and evaluated this Lease (and any Equipment Schedule entered into pursuant hereto) Agreement and all related documents, the contemplated obligations and transactions and the potential effects of such obligations and transactions on the assets, business, cash flow, expenses, income, liabilities, operations, properties, prospects, reputation, taxation or condition (financial or otherwise) of such party Party and its affiliates, which review and evaluation was made together with the officers, directors and other representatives of such partyParty, its legal counsel and (to the extent deemed prudent by such partyParty) other legal counsel and financial and other advisors to such partyParty, and such party Party hereby absolutely, unconditionally, irrevocably, expressly and forever assumes any and all attendant risks and waives any and all rights, claims, defenses or objections with respect thereto.