LESSEE WARRANTIES. Lessee represents and warrants, each time it executes a Schedule or Acceptance Certificate, that: (a) Lessee is duly organized and in good standing under applicable law in the jurisdictions of its organization and domicile and in which Equipment may be located with full power and authority to enter into this Lease; (b) this Lease is enforceable against Lessee in accordance with its terms, subject to laws of general application affecting creditors’ rights generally, and does not breach or create a default under any instrument or agreement binding on Lessee; (c) no proceedings exist before any court or administrative agency that would have a material adverse effect on Lessee, this Lease, or the Equipment, nor has Lessee been threatened, in writing, with any such proceedings; (d) the financial statements and other financial information made available by Lessee have been prepared in accordance with generally accepted accounting principles and accurately present Lessee’s financial position as of the dates given; and (e) Lessee’s chief executive office is located at its address specified in this Lease.
Appears in 3 contracts
Samples: Master Equipment Lease Agreement (Athenahealth Inc), Master Equipment Lease Agreement (Athenahealth Inc), Master Equipment Lease Agreement (Athenahealth Inc)
LESSEE WARRANTIES. Lessee represents and warrants, each time it executes a Schedule or Acceptance Certificate, that: :
(a) Lessee is duly organized and in good standing under applicable law in the jurisdictions of its organization and domicile and in which Equipment may be located with full power and authority to enter into and perform this Lease; .
(b) this This Lease is enforceable against Lessee in accordance with its terms, subject to laws of general application affecting creditors’ rights generally, and does not breach or create a default under any instrument or agreement binding on Lessee; .
(c) no No proceedings exist before any court or administrative agency that would have a material adverse effect on Lessee, this Lease, or the Equipment, nor has Lessee been threatened, in writing, threatened with any such proceedings; .
(d) the The financial statements and other financial information made available by Lessee Xxxxxx have been prepared in accordance with generally accepted accounting principles and accurately present LesseeXxxxxx’s financial position as of the dates given; and .
(e) LesseeXxxxxx’s chief executive office is located at its address specified indicated in this Lease.
Appears in 1 contract
Samples: Master Equipment Lease Agreement