Landlord’s Covenant. Landlord represents and warrants to Tenant that: (i) Landlord has full right and lawful authority to enter into and perform Landlord’s obligations under this Lease for the term hereof, and Landlord has not suffered, incurred or entered into any contracts, leases, tenancies, agreements, restrictions, violations, encumbrances or defects in title of any nature whatsoever which materially adversely affects Landlord’s right, title and interest in the Leased Premises or the fulfillment of its obligations under this Lease; (ii) except for any Mortgages which exist upon the Commencement Date, this Lease shall not be subject or subordinate to any Mortgage except for such subordination as may be accomplished in accordance with the provisions of the Article captioned “Estoppel Certificate, Attornment,” etc.; and (iii) if Tenant shall discharge the obligations herein set forth to be performed by Tenant, Tenant shall have and enjoy, during the term hereof, the quiet and undisturbed possession of the Leased Premises, as in this Lease contemplated, free from interference by Landlord or any party claiming under Landlord.
Appears in 4 contracts
Samples: Lease Agreement (Peak Resorts Inc), Option Agreement (Peak Resorts Inc), Option Agreement (Peak Resorts Inc)
Landlord’s Covenant. Subject to Tenant’s acknowledgement and waiver contained in Article 13.1, Landlord represents and warrants to Tenant that: (i) Landlord has full right and lawful authority to enter into and perform Landlord’s obligations under this Lease for the term hereofTerm of this Lease, and Landlord has not suffered, incurred or entered into any contracts, leases, tenancies, agreements, restrictions, violations, encumbrances or defects in title of any nature whatsoever which materially adversely affects affect Landlord’s right, title and interest in the Leased Premises or the fulfillment of its obligations under this Lease; (ii) except for any Mortgages which exist upon the Commencement Date, Tenant’s rights under this Lease shall not be subject or subordinate to any Mortgage except for such subordination as may be accomplished in accordance with the provisions of the Article captioned “Estoppel Certificate, Attornment,” etc.23; and (iii) if Tenant shall discharge fully discharges the obligations herein set forth to be performed by Tenant, Tenant shall have and enjoy, during the term hereofTerm of this Lease, the quiet and undisturbed possession of the Leased PremisesPremises together with the right to use the Common Facilities, if any, as in this Lease contemplated, free from interference by Landlord or any party claiming by, through or under LandlordLandlord but none other.
Appears in 2 contracts
Samples: Option Agreement (Peak Resorts Inc), Option Agreement (Peak Resorts Inc)