Common use of PERFORMANCE AND EXECUTION Clause in Contracts

PERFORMANCE AND EXECUTION. Lessee represents and warrants to FMA that (i) the execution and performance of this Agreement and each Schedule has been duly authorized by Lessee and that, upon execution by Lessee and FMA of this Agreement and each Schedule, such Schedule will constitute a valid obligation binding upon, and enforceable against, Lessee in accordance with its terms, (ii) neither the execution of this Agreement or any Schedule nor the due performance thereof by Lessee will result in a breach of, or constitute a default under or violation of Lessee's certificate or articles of incorporation and by-laws (or other organizational documents) or any agreement to which Lessee is a party or by which any interest of Lessee may be affected, (iii) Lessee is duly organized and in good standing under the laws of its jurisdiction of organization and is and will continue to be duly qualified to do business and in good standing in any jurisdiction where any item of Equipment is to be located, (iv) the person executing this Agreement on behalf of Lessee has been and each person executing a Schedule, upon execution of such Schedule, will be duly authorized to do so, and (v) any and all financial statements and other information with respect to Lessee furnished by Lessee to FMA will be, when furnished, and will remain at the time of execution of any Schedule, true and correct without any misleading omissions, excepting any changes which have been disclosed in a written notice to FMA.

PERFORMANCE AND EXECUTION. Lessee represents and warrants to FMA that (i) the execution and performance of this Agreement and each Schedule has been duly authorized by Lessee and that, upon execution by Lessee and FMA of this Agreement and each Schedule, such Schedule will constitute a valid obligation binding upon, and enforceable against, Lessee in accordance with its terms, (ii) neither the execution of this Agreement or any Schedule nor the due performance thereof by Lessee will result in a breach of, or constitute a default under or violation of Lessee's certificate or articles of incorporation and by-laws (or other organizational documents) or any agreement to which Lessee is a party or by which any interest of Lessee may be affected, (iii) Lessee is duly organized and in good standing under the laws of its jurisdiction of organization and is and will continue to be duly qualified to do business and in good standing in any jurisdiction where any item of Equipment is to be located, (iv) the person executing excecuting this Agreement on behalf of Lessee has been and each person executing a Schedule, upon execution of such Schedule, will be duly authorized to do so, and (v) any and all xxxxxx financial statements and other information with respect to Lessee furnished by Lessee to FMA will be, when furnished, and will remain at the time of execution of any Schedule, true and correct without any misleading omissionsommissions, excepting any changes which have been disclosed in a written notice to FMA.

PERFORMANCE AND EXECUTION. Lessee represents and warrants to FMA that Lessor (i) that the execution and performance of this Agreement Master Lease and each Equipment Schedule has have been duly authorized by Lessee and that, that upon execution by Lessee and FMA of Lessor this Agreement Master Lease and each Schedule, such Equipment Schedule will constitute a valid obligation binding upon, and enforceable against, Lessee in accordance with its terms, the terms of the Master Lease and each Equipment Schedule; (ii) that neither the execution of this Agreement Master Lease or any Equipment Schedule nor the due performance thereof by Lessee will result in a any breach of, or constitute a any default under or violation of of, Lessee's certificate or articles of incorporation and incorporation, Lessee's by-laws (or other organizational documents) or any agreement to which Lessee is a party or by which any interest of Lessee may be affected, ; (iii) that Lessee is duly organized and in good standing under the laws of its jurisdiction of organization and is and will continue to be duly qualified to do business and in good standing in any jurisdiction its state of incorporation and in the states where any item of Equipment Unit is to be located, ; (iv) the person persons executing this Agreement Master Lease and each Equipment Schedule on behalf of Lessee has have been and each person executing a Schedule, upon execution of such Schedule, will be duly authorized to do so, ; and (v) that any and all financial statements and other information with respect to Lessee heretofore furnished by Lessee to FMA will beLessor in connection with negotiations concerning one or more Equipment Schedules were, when furnished, and will remain at the time of execution of any Equipment Schedule, true and correct without any misleading omissions, excepting any changes which have been disclosed in a written notice to FMALessor.

PERFORMANCE AND EXECUTION. Lessee represents and warrants to FMA that Lessor both as of the date hereof and as of the date of each Equipment Schedule (i) that the execution and performance of this Master Lease Agreement and each Equipment Schedule has been duly authorized by Lessee and that, that upon execution by Lessee and FMA of Lessor this Master Lease Agreement and each Schedule, such Equipment Schedule will constitute a valid obligation binding upon, and enforceable against, Lessee in accordance with its terms, the terms of the Master Lease Agreement and each Equipment Schedule; (ii) that neither the execution of this Master Lease Agreement or any Equipment Schedule nor the due performance thereof by Lessee Lessee, will result in a any breach of, or constitute a any default under or violation of Lessee's certificate or articles of incorporation and or similar organizational documents, Lessee's by-laws (or other organizational documents) or any agreement to which Lessee is a party or by which any interest of Lessee may be affected, ; (iii) that Lessee is duly organized and in good standing under the laws of its jurisdiction of organization and is and will continue to be duly qualified to do business and in good standing in any jurisdiction its state of incorporation or similar organization and in the states where any item of the Equipment is to be located, ; (iv) that the person persons executing this Master Lease Agreement and each Equipment Schedule on behalf of Lessee has have been and each person executing a Schedule, upon execution of such Schedule, will be duly authorized to do so, ; and (v) that any and all financial statements and other information with respect to Lessee heretofore furnished by Lessee to FMA will beLessor in connection with negotiations concerning one or more Equipment Schedules were, when furnished, and will remain at the time of execution of any Equipment Schedule, true and correct without any misleading omissions, excepting any changes which have been disclosed in a written notice to FMALessor.