GRANTOR WARRANTIES. The undersigned warrants that the undersigned has the full right and complete authority to enter into this Agreement, that the consent of no other party is necessary to effectuate the full and complete permission granted herein to Company to use the Property as described above or to grant the rights conveyed to Company hereunder, and that the use of the Property as provided herein shall not violate any applicable ordinance, zoning restriction or local laws.
GRANTOR WARRANTIES. The Grantor warrants that:
(a) (Registration) if it is a corporation, it is a corporation registered (or taken to be registered) and validly existing under the Corporations Act.
(b) (Incorporation) if it is a corporation, it is validly incorporated, organised and subsisting in accordance with the laws of its place of incorporation.
(c) (Power and capacity) it has full power and capacity to enter into and perform his obligations under this deed.
(d) (Corporate Authorisations) all necessary authorisations for the execution, delivery and performance by the Grantor of this deed in accordance with its terms have been obtained or will be obtained prior to Completion.
(e) (No legal impediment) the execution, delivery and performance of this deed:
(1) complies with its constitution or other constituent documents (as applicable); and
(2) does not constitute a breach of any law by which it is bound and which would prevent it from entering into and performing its obligations under this deed.
(f) (Solvency):
(1) it has not gone, or proposed to go, into liquidation;
(2) it has not passed a windingup resolution or commenced steps for windingup or dissolution;
(3) it has not received a deregistration notice under section 601AB of the Corporations Act or applied for deregistration under section 601AA of the Corporations Act;
(4) it has not been presented or threatened with a petition or other process for windingup or dissolution and, so far as the Grantor is aware, there are no circumstances justifying a petition or other process;
(5) no receiver, receiver and manager, judicial manager, liquidator, administrator, official manager has been appointed, or is threatened or expected to be appointed, over the whole or a substantial part of the undertaking or property of the Grantor, and, so far as the Grantor are aware, there are no circumstances justifying such an appointment; or
(6) it has not entered into, or taken steps or proposed to enter into, any arrangement, compromise or composition with or assignment of the benefit of its creditors or class of them.
(g) (Ownership) it is the legal and beneficial owner of the Option Shares.
(h) (Option Shares validly issued and fully paid) the Option Shares have been validly issued, are fully paid and no money is owing to the Company in respect of them.
(i) (Legal Advice) it has received legal advice about the effect of this deed or has had an adequate and reasonable opportunity to seek and receive legal advice about the effect of thi...
GRANTOR WARRANTIES. Grantor warrants that it has all necessary legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement. Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by Grantor is required in order to make it a valid and binding contractual obligation of Grantor. Grantor warrants that there are no oral or written leases or other occupancy agreements on any portion of the Property. Grantor warrants that to the best of its current actual knowledge without any duty of inquiry and except as disclosed in Phase I Environmental Site Assessment for Enterprise Rancheria 43-Acre Property dated May 2021, prepared by Analytical Environmental Services, the Property is not, as of the date of this Agreement, in violation of any federal, state or local law, ordinance or regulation (“Environmental Law”) relating to Hazardous Substances (as defined herein), industrial hygiene or the environmental conditions on, under or about the Property including, but not limited to, soil and ground water condition.
GRANTOR WARRANTIES. Grantee acknowledges that, except as expressly stated above, Grantor has made no representations or warranties, written or oral, express or implied, with respect to the Property. During the period that this Contract is in effect, Grantor shall maintain the Property in its current condition, reasonable wear and tear excepted.
GRANTOR WARRANTIES. Grantor warrants that Grantor is the owner of the Easement Tract and shall defend title to the Easement Tract against the claims of any and all persons, and that Grantor has full authority to grant this Easement Agreement according to its terms. Grantor further warrants that to the best of Grantor’s knowledge, the Easement Tract is free from any form of contamination and contains no hazardous, toxic or dangerous substances. Grantee shall have no responsibility for environmental contamination or liabilities unless caused by Grantee directly or that occurred during Grantee’s prior ownership of the Easement Tract. The Easement granted hereby is subject to all valid and existing leases, agreements, deeds, easements, rights-of- way, restrictive covenants, or other instruments now of record which affect the Easement Tract.
GRANTOR WARRANTIES. Grantor warrants that it has all necessary legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement. Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by Grantor is required in order to make it a valid and binding contractual obligation of Grantor. Grantor warrants that there are no oral or written leases or other occupancy agreements on any portion of the Property.
GRANTOR WARRANTIES. The Grantor warrants that:
(a) (Power and capacity) he has full power and capacity to enter into and perform his obligations under this deed.
(b) (No legal impediment) the execution, delivery and performance of this deed does not constitute a breach of any law by which he is bound and which would prevent him from entering into and performing its obligations under this deed.
GRANTOR WARRANTIES. The Grantor warrants that:
(a) (Registration) if it is a corporation, it is a corporation registered (or taken to be registered) and validly existing under the Corporations Act.
(b) (Incorporation) if it is a corporation, it is validly incorporated, organised and subsisting in accordance with the laws of its place of incorporation.
GRANTOR WARRANTIES. The Grantor’s exact legal name (as indicated in the public record of the Grantor’s jurisdiction of organization) is as set forth on the signature block to this Security Agreement. The Grantor’s jurisdiction of organization is the State of Nebraska and the State of Nebraska has not assigned an organizational identification number to the Grantor. The location of the Grantor’s chief executive office is the address provided in the Trust Agreement as the address for notice to the Grantor. The Grantor will not, except upon 30 days prior written notice to the Agent and delivery to the Agent of all additional financing statements and other documents reasonably requested by the Agent to maintain the validity, perfection and priority of the security interest provided for herein, (i) change its jurisdiction of organization or (ii) change its name. If the Grantor changes the address of its chief executive office, it shall promptly provide written notice to the Agent of such new address.
