Lessor Representations. The Lessee shall have received a confirmation letter from the Lessor providing information related to ASC 810 in the form approved by Lessee prior to the date hereof.
Lessor Representations. This Lease has been duly authorized by all necessary action on the part of Lessor and has been duly executed and delivered by Lessor, and the execution, delivery and performance hereof by Lessor will not (i) require any consent or approval of any Person, other than such consents and approvals as have been obtained, (ii) contravene any Applicable Law binding on Lessor or (iii) contravene or result in any breach of or constitute any default under Lessor’s organizational documents, or any indenture, mortgage, loan agreement, contract, partnership or joint venture agreement, lease or other agreement or instrument to which Lessor is a party or by which Lessor is bound.
Lessor Representations. Lessor represents that it is seized of good and sufficient interest in the Property and has full authority to enter into, execute and perform its obligations under this Agreement. Lessor further covenants that there are no liens, judgments, or impediments of title on the Property.
Lessor Representations. Lessor represents to Lessee that it owns the FF&E and has the right to lease the FF&E to Lessee and that Lessee, upon paying the Rental Payments and all other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept, will have the exclusive right to use the FF&E at the locations set forth in Exhibit A for the duration of the Term, subject to the terms and conditions, and except as set forth, herein. Lessor also represents that optometric and other equipment may be used to reasonably accommodate persons with disabilities.
Lessor Representations. Lessor, as of the Closing Date, shall be a “Single Purpose Entity”. Each of the Operative Documents to which Lessor is a party has been duly authorized by all necessary action on the part of Lessor; and has been duly executed and delivered by Lessor; and the execution, delivery and performance thereof by Lessor will not: (i) require any consent or approval of any Person, other than such consents and approvals as have been obtained, (ii) contravene any Applicable Law binding on Lessor or the organizational documents of Lessor or (iii) contravene or result in any breach of or constitute any default under Lessor’s organizational documents, or any indenture, mortgage, loan agreement, contract, partnership or joint venture agreement, lease or other agreement or instrument to which Lessor is a party or by which Lessor is bound. Notwithstanding anything in the Lease to the contrary, Lessee shall not be required to pay the Make-Whole Premium if the obligation to pay the same results from an Event of Default by Lessor under the Debt Documents providing such Event of Default is not caused by or otherwise related to a Lease Event of Default.
Lessor Representations. (a) Lessor represents to Lessee that (i) Lessor has [good and marketable title to the Site and Easement Areas][has a leasehold interest in the Site and Easement Areas that permits Lessor to sublease the Leased Space to Lessee in accordance with the terms of this Lease], and (ii) neither the Site nor the Easement Areas are or will be subject to any liens or other restrictions except the Permitted Encumbrances.
(b) Lessor represents and warrants to Lessee that to the best of Lessor's knowledge, there are no covenants, restrictions, rights of way, easements or other encumbrances affecting the Site which would unreasonably interfere with the Lessee's use thereof.
(c) Lessor represents and warrants to Lessee that it has disclosed to Lessee all information as is in its possession that shows areas of contamination or the presence of a Hazardous Substance at the Site in accordance with Section 3.3(c), and that it has provided Lessee with all specifications and plans for the Leased Space and the Site in accordance with Section 3.4.
Lessor Representations. Lessor represents and warrants to Lessee that, to Lessor's Knowledge, Lessee is not in default in its payment obligations under the Lease or in the performance of any other obligations of Lessee under the Lease. Lessee acknowledges that it has recently advised Lessor of an investigation at the Facility known as Brookdale Exxxxx Alpine, and Lessor makes no representation as to whether any matters relating to such investigation constitute a default by Lessee under the Lease. As used herein, "Lessor's Knowledge" means the current, actual, conscious knowledge of Kxxxxxx Xxxxx (Executive Vice President), Kxx Xxxxx (Executive Vice President) or Mxxxxxx Xxxxxxxx (Vice President). None of such individuals shall bear personal responsibility for any breach of such representation.
Lessor Representations. Lessor represents and warrants that Lessor has the right to lease the Equipment as provided in this Agreement and that Lessee shall be entitled to quietly hold and possess the Equipment, and Lessor will not interfere with that right as long as Lessee pays the Rent in a timely manner and performs all other obligations under this Agreement.
Lessor Representations. Lessor warrants and represents that:
(a) Lessor is the legal and equitable owner in the Leased Premises;
(b) Lessor will correct any defect in the title to the Leased Premises, if any exists thereon;
(c) Lessor has not conveyed the Leased Premises and that the Leased Premises are not subject to any existing lease, subject to the terms of this Agreement retaining the rights to all hardrock mineralization in or on the property;
(d) The undersigned representatives of Lessor have the authority to bind the limited liability company and by their signature hereon. This Agreement is binding upon Lessor.
Lessor Representations. 4.1 The LESSOR agrees that any development which it creates on its other properties as described on Schedule C shall be subject to a provision that the new landowners of such properties of Landlord may become members of the Lessee, if the Premises subject to this Agreement are utilized by such new landowners.
4.2 The Lessor shall have the right to modify Schedule B by relocating such trails so long as they are of equivalent length and quality.
4.3 The Lessor shall have the right to take any actions it deems appropriate with respect to the Premises subject to this Agreement including the obligations of the Lessee hereunder.
