Representations and Warranties of Assignor. The Assignor represents and warrants to the Assignee that: (a) This Assignment, as executed by the Assignor, constitutes the legal and binding obligation of the Assignor enforceable in accordance with its terms and provisions; (b) The Assignor is the lessor under all Leases; (c) There is no other existing assignment of the Assignor’s entire or any part of its interest in or to any of the Leases, or any of the rents, issues, income or profits assigned hereunder, nor has the Assignor entered into any agreement to subordinate any of the Leases or the Assignor’s right to receive any of the rents, issues, income or profits assigned hereunder; (d) The Assignor has not executed any instrument or performed any act which may prevent the Assignee from operating under any of the terms and provisions hereof or which would limit the Assignee in such operation; and (e) There are no defaults by the landlord and, to the Assignor’s knowledge, there are no material defaults by tenants under any Leases.
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Samples: Absolute Assignment of Rents and Leases (Adcare Health Systems, Inc), Absolute Assignment of Rents and Leases (Adcare Health Systems, Inc), Absolute Assignment of Leases and Rents (Adcare Health Systems, Inc)
Representations and Warranties of Assignor. The Assignor represents and warrants to the Assignee that:
(a) This this Assignment, as executed by the Assignor, constitutes the legal and binding obligation of the Assignor enforceable in accordance with its terms and provisions;
(b) The Assignor is the lessor under all Leases;
(c) There there is no other existing assignment of the Assignor’s entire or any part of its interest in or to any of the Leases, Leases or any of the rents, issues, income or profits Rents assigned hereunder, nor has the Assignor entered into any agreement to subordinate any of the Leases or the such Assignor’s right to receive any of the rents, issues, income or profits Rents assigned hereunder;
(d) The Assignor has not executed any instrument or performed any act which may prevent the Assignee from operating under any of the terms and provisions hereof or which would limit the Assignee in such operation; and
(e) There there are no defaults by Assignor under any of the landlord Leases and, to the Assignor’s knowledge, there are no material defaults by tenants under any Leases.
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Samples: Assignment of Rents and Leases (Adcare Health Systems, Inc)