Common use of Representations and Warranties of Each Lessee Clause in Contracts

Representations and Warranties of Each Lessee. Each Lessee represents and warrants that: (a) The execution, delivery and performance of this Amendment by such Lessee is within the respective corporate powers of such Lessee and has been duly authorized by all necessary corporate action by such Lessee, and this Amendment constitutes a valid and binding agreement of such Lessee. (b) Except as expressly provided herein, the execution and delivery of this Amendment shall not: (i) constitute an extension, modification, or waiver of any aspect of the Leases; (ii) extend the terms of the Leases or the due date of any of the obligations under the Leases; (iii) give rise to any obligation on the part of either of the Lessors to extend, modify or waive any term or condition of the Leases; or (iv) give rise to any defenses or counterclaims to Lessors’ rights to compel payment of the obligations under the Leases or to otherwise enforce their rights and remedies under the Leases. (c) The Leases and the Schedules constitute valid and legally binding obligations of such Lessee and are enforceable against such Lessee in accordance with the terms thereof and hereof, except as limited by bankruptcy, insolvency, reorganization or other similar laws or equitable principles. (d) The representations and warranties of such Lessee contained in the Leases, the Schedules and each Lease Document are correct in all material respects on and as of the date hereof, before and after giving effect to this Amendment, other than any such representations and warranties that, by their terms, refer to a specific date other than the date hereof, in which case as of such specific date. (e) The location of each item of equipment, as set forth in each Schedule (as each such Schedule may have been amended with the agreement of the Lessors prior to the date hereof), is correct and complete as of the date hereof. (f) The representations and warranties set out in Sections 13(b), (c), (d) and (e) of the NTFC Lease are incorporated herein and made a part of this Amendment, with references therein to “this Agreement” or “Lease Documents” in whatever form being replaced by “this Amendment.” (g) No default or Event of Default under any of the Leases or the Schedules has occurred and is continuing, or would result from this Amendment.

Representations and Warranties of Each Lessee. Each Lessee represents and warrants that: (a) The execution, delivery and performance of this Amendment by such Lessee is within the respective corporate powers of such Lessee and has been duly authorized by all necessary corporate action by such Lessee, and this Amendment constitutes a valid and binding agreement of such Lessee. (b) Except as expressly provided herein, the execution and delivery of this Amendment shall not: (i) constitute an extension, modification, or waiver of any aspect of the Leases; (ii) extend the terms of the Leases or the due date of any of the obligations under the Leases; (iii) give rise to any obligation on the part of either of the Lessors to extend, modify or waive any term or condition of the Leases; or (iv) give rise to any defenses or counterclaims to Lessors’ rights to compel payment of the obligations under the Leases or to otherwise enforce their rights and remedies under the Leases. (c) The Leases and the Schedules constitute valid and legally binding obligations of such Lessee and are enforceable against such Lessee in accordance with the terms thereof and hereof, except as limited by bankruptcy, insolvency, reorganization or other similar laws or equitable principles. (d) The representations and warranties of such Lessee contained in the Leases, the Schedules and each Lease Document are correct in all material respects on and as of the date hereof, before and after giving effect to this Amendment, other than any such representations and warranties that, by their terms, refer to a specific date other than the date hereof, in which case as of such specific date. (e) The location of each item of equipment, as set forth in each Schedule (as each such Schedule may have been amended with the agreement of the Lessors prior to the date hereof), is correct and complete as of the date hereof. (f) The representations and warranties set out in Sections 13(b), (c), (d) and (e) of the NTFC Lease are incorporated herein and made a part of this Amendment, with references therein to “this Agreement” or “Lease Documents” in whatever form being replaced by “this Amendment.” (gf) No default or Event of Default under any of the Leases or the Schedules has occurred and is continuing, or would result from this Amendment.

Representations and Warranties of Each Lessee. Each Lessee represents and warrants that: (a) The execution, delivery and performance of this Amendment by such Lessee Lessees is within the respective corporate powers of such Lessee Xxxxxxx and has been duly authorized by all necessary corporate action by such Lesseeactions on their part, and this Amendment constitutes a valid and binding agreement of such Lesseethe Lessees. (b) Except as expressly provided herein, the execution and delivery of this Amendment shall not: (i) constitute an extension, modification, or waiver of any aspect of the Leases; (ii) extend the terms of the Leases or the due date of any of the obligations under the Leases; (iii) give rise to any obligation on the part of either of the Lessors to extend, modify or waive any term or condition of the Leases; or (iv) give rise to any defenses or counterclaims to Lessors’ ' rights to compel payment of the obligations under the Leases or to otherwise enforce their rights and remedies under the Leases. Except as expressly limited herein, the Lessors hereby expressly reserve all of their respective rights and remedies under the Leases. (c) The Leases Leases, the Schedules and the Schedules Guaranty constitute valid and legally binding obligations of such Lessee Lessees, as applicable, and are enforceable against such Lessee Lessees, as applicable, in accordance with the terms thereof and hereof, except as limited by bankruptcy, insolvency, reorganization or other similar laws or equitable principles. (d) The representations and warranties of such Lessee contained in the Leases, the Schedules and each Lease Document are correct in all material respects on and as of the date hereof, before and after giving effect to this Amendment, other than any such representations and warranties that, by their terms, refer to a specific date other than the date hereof, in which case as of such specific date. (e) The location of each item of equipment, as set forth in each Schedule (as each such Schedule may have been amended with the agreement of the Lessors prior to the date hereof), is correct and complete as of the date hereof. (f) The representations and warranties set out in Sections 13(b), (c), (d) and (e) of the NTFC Lease are incorporated and set out in full herein and made a part of this Amendment, with references therein to “"this Agreement” " or “"Lease Documents” " in whatever form being replaced by “"this Amendment.” (g) No default or Event of Default under any of the Leases or the Schedules has occurred and is continuing, or would result from this Amendment."

Representations and Warranties of Each Lessee. Each Lessee represents and warrants that: (a) The execution, delivery and performance of this Amendment by such Lessee is within the respective corporate powers of such Lessee and has been duly authorized by all necessary corporate action by such Lessee, and this Amendment constitutes a valid and binding agreement of such Lessee. (b) Except as expressly provided herein, the execution and delivery of this Amendment shall not: (i) constitute an extension, modification, or waiver of any aspect of the Leases; (ii) extend the terms of the Leases or the due date of any of the obligations under the Leases; (iii) give rise to any obligation on the part of either of the Lessors to extend, modify or waive any term or condition of the Leases; or (iv) give rise to any defenses or counterclaims to Lessors’ rights to compel payment of the obligations under the Leases or to otherwise enforce their rights and remedies under the Leases. (c) The Leases and the Schedules constitute valid and legally binding obligations of such Lessee and are enforceable against such Lessee in accordance with the terms thereof and hereof, except as limited by bankruptcy, insolvency, reorganization or other similar laws or equitable principles. (d) The representations and warranties of such Lessee contained in the Leases, the Schedules and each Lease Document are correct in all material respects on and as of the date hereof, before and after giving effect to this Amendment, other than any such representations and warranties that, by their terms, refer to a specific date other than the date hereof, in which case as of such specific date. (e) The location of specified with respect to each item of equipment, as equipment set forth in each Schedule (as each such Schedule may have been amended with the agreement of the Lessors prior to the date hereof), is true and correct and complete as of the date hereof. (f) The representations and warranties set out in Sections 13(b), (c), (d) and (e) of the NTFC Lease are incorporated herein and made a part of this Amendment, with references therein to “this Agreement” or “Lease Documents” in whatever form being replaced by “this Amendment.” (g) No default or Event of Default under any of the Leases or the Schedules has occurred and is continuing, or would result from this Amendment.