Common use of Representations and Warranties of Landlord Clause in Contracts

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant as of the date hereof as follows: (a) Landlord is a limited liability company, duly organized and validly existing under the laws of the State of Delaware. Landlord has all requisite power to own, lease and operate its assets, and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions of this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind Landlord to the terms and conditions of this Lease (and all said agreements and instruments). Neither the execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, the limited liability company agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, to which Landlord is a party or by which any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, the legal, valid and binding obligations of Landlord enforceable against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or made. (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) to the best of its knowledge, none of the foregoing are pending or threatened. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:

Appears in 1 contract

Samples: Lease (Arqule Inc)

AutoNDA by SimpleDocs

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant as of the date hereof as followsAmerican Tower and American Tower’s successors and assigns: (a) Landlord is a limited liability companyhas the full right, duly organized and validly existing under the laws of the State of Delaware. Landlord has all requisite power to own, lease and operate its assetspower, and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions of this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind Landlord execute this Agreement and to the terms extent applicable, Landlord is duly organized, validly existing, and conditions in good standing in the jurisdiction in which Landlord was organized, formed or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in the jurisdiction in which the Property is located; (b) There are no pending or threatened administrative actions, including bankruptcy or insolvency proceedings under state or federal law, suits, claims or causes of this Lease action against Landlord or which may otherwise affect the Property; (and all said agreements and instruments). Neither the execution and delivery of this Lease and said agreements and instruments c) The Property is not presently subject to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, the limited liability company agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreementan option, lease or other contract which may adversely affect Landlord’s ability to fulfill its obligations under this Agreement, and the execution of this Agreement by Landlord will not cause a breach or an event of default of any other agreement or instrument, to which Landlord is a party party. Xxxxxxxx agrees that it will not grant an option or by enter into any contract or agreement which will have any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, adverse effect on the legal, valid and binding obligations of Landlord enforceable against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration Intended Use or filing with, or exemption by, any governmental agency which is required for the execution or delivery of American Tower’s rights under this Lease, or said agreements and instruments by Landlord has been obtained or made. (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) to the best of its knowledge, none of the foregoing are pending or threatened.Agreement; (d) Landlord has not granted No licenses, rights of use, covenants, restrictions, easements, servitudes, subdivision rules or conveyed to anyone other than Tenantregulations, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right encumbrances relating to the use Property prohibit or possession will interfere with the Intended Use; (e) Landlord has good and marketable fee simple title to the Site, the Property and any other property across which Landlord may grant an easement to American Tower or any Collocator, free and clear of all liens and encumbrances. Landlord covenants that American Tower will have the quiet enjoyment of the PropertyCompound during the term of this Agreement. WITNESS If Landlord fails to keep the execution hereof under seal as Site free and clear of any liens and encumbrances, American Tower will have the day right, but not the obligation, to satisfy any such lien or encumbrance and year first above written. TENANT:to deduct the full amount paid by American Tower on Landlord’s behalf from future installments of Rent; (f) American Tower will at all times during this Agreement enjoy ingress, egress, and access from the Site twenty-four (24) hours a day, seven (7) days a week, to a public road which is adequate to service the Site and the Tower Facilities; and (g) These representations and warranties of Landlord survive the termination or expiration of this Agreement.

Appears in 1 contract

Samples: Lease Agreement

Representations and Warranties of Landlord. To induce Tenant Landlord makes the following representations and warranties to execute this Lease Tenant, each of which is true and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant as of correct on the date hereof as followshereof: (a) Landlord is a limited liability companyhas fee simple title to the Site free and clear of any and all liens, duly organized mortgages, security interests, encumbrances and validly existing under other claims of any third parties and that it has the laws power and authority to execute and deliver this Lease and to carry out and perform all covenants to be performed by it without conflict with any law or ordinance or with the rights of the State of Delaware. any third party. (b) Landlord has possesses all requisite power and authority to own, lease enter into and operate its assets, perform this Lease and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions transactions contemplated herein, subject to the conditions of this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the Lease. (c) Landlord’s execution, delivery delivery, and performance of this Lease have been duly authorized and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing has been duly executed and delivered for it by the signatories so authorized; this Lease (constitutes Landlord’s legal, valid, and all other agreements and instruments entered into by Landlord in furtherance hereof)binding obligation, on behalf of Landlord, have the authority to bind Landlord subject to the terms and conditions of this Lease Lease. (d) To Landlord’s knowledge, without inquiry or investigation, Landlord is not in breach of, in default under, or in violation of, any applicable statute, law, ordinance, decree, rule, or regulation of any governmental body, including but not limited to the provisions of any license, or in breach of, in default under, or in violation of, any provision of any indenture or any evidence of indebtedness or security therefore, lease, contract, license or other agreement by which it is bound, if such breach, default or violation may result in a material adverse effect on the business or financial condition of Landlord; and all said agreements and instruments). Neither the execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord performance of the its obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments hereunder will conflict with not constitute or result in a breach of any of the termssuch breach, conditions default or provisions ofviolation. (e) No suit, claim, action, arbitration, or constitute a default underlegal, administrative or other proceeding is pending or, to the limited liability company agreement best of Landlord’s knowledge, without inquiry or to the knowledge of Landlordinvestigation, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, to which Landlord is a party or by which any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, the legal, valid and binding obligations of Landlord enforceable threatened against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration that would affect the validity or filing with, or exemption by, any governmental agency which is required for the execution or delivery enforceability of this Lease, the ability of Landlord to fulfill its commitments hereunder in any material respect, or said agreements and instruments by Landlord has been obtained that could result in any material adverse change in the business or madefinancial condition of Landlord. (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) to the best of its knowledge, none of the foregoing are pending or threatened. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:

Appears in 1 contract

Samples: Solar Lease and Easement Agreement

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant warrants, in favor of the Lender, as of the date hereof as follows: hereof, that (ai) Landlord is a limited liability company, duly organized and validly existing under the laws of the State of Delaware. Landlord has all requisite power to own, lease and operate its assets, and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions of this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance by Landlord of this Lease and all other agreements and instruments executed in connection herewith Consent and the performance of those provisions of this Lease required have been duly authorized by all necessary corporate action on its the part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind Landlord to the terms and conditions (ii) each of this Consent and the Lease (is in full force and all said agreements effect and instruments). Neither the execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, the limited liability company agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, to which Landlord is a party or by which any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, constitutes the legal, valid and binding obligations obligation of Landlord Landlord, enforceable against Landlord in accordance with their respective its terms. Any order, permissionexcept as the enforceability thereof may be limited by Bankruptcy, consentinsolvency, approvalreorganization or other similar laws affecting the enforcement of creditors’ rights generally and general equitable principles, license(iii) the Lease and this Consent are the only agreements between Project Company and Landlord (and its affiliates) with respect to the Leased Premises or the Solar Project, authorizationand all of the conditions precedent to effectiveness under the Lease have been satisfied or waived, registration (iv) a true and correct copy of the Lease is attached hereto as Exhibit A and the Lease has not been amended, modified or filing withsupplemented and no material waivers have been granted thereunder, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or made. (bv) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolutionits obligations under the Lease, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (ivvi) to the best of its knowledge, none Project Company is not in default of any of its obligations under the foregoing Lease, (vii) there are pending or threatened. no material disputes between Landlord and Project Company under the Lease, (dviii) Landlord has not granted assigned all or conveyed to anyone other than Tenantany part of its rights under the Lease and Landlord has no notice of, and has not consented to, any right or option to acquire the Property previous assignment by Project Company of all or any party thereof or any easementpart of its rights under the Lease, license or lease except for matters of record of the Property or other right relating (ix) to the use best of its knowledge, no event or possession condition exists which would either immediately or with the passage of any applicable grace period or giving of notice, or both, enable either Landlord or Project Company to terminate or suspend its obligations under the Property. WITNESS Lease, (x) the execution hereof rent under seal as of the day Lease is $25,606.55 per year, escalating by one percent (1%) annually, payable on an annual basis on each May 26, and year first above written. TENANT:the rent has been paid in full through May 26, 2022.

Appears in 1 contract

Samples: Site Lease Agreement

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant as of the date hereof as followsXxxxxx and Xxxxxx’s successors and assigns: (a) Landlord is a limited liability companya. Xxxxxxxx has the full right, duly organized and validly existing under the laws of the State of Delaware. Landlord has all requisite power to own, lease and operate its assetspower, and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions of this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind execute this Agreement; b. There are no pending or threatened administrative actions, including bankruptcy or insolvency proceedings under state or federal law, suits, claims or causes of action against Landlord or which may otherwise affect the Property; c. The Property is not presently subject to the terms and conditions of this Lease (and all said agreements and instruments). Neither the execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, the limited liability company agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreementan option, lease or other contract which may adversely affect Landlord’s ability to fulfill its obligations under this Agreement, and the execution of this Agreement by Landlord will not cause a breach or an event of default of any other agreement or instrument, to which Landlord is a party party. Xxxxxxxx agrees that it will not grant an option or by enter into any contract or agreement which will have any adverse effect on the Permitted Use or Lessee’s rights under this Agreement; d. No licenses, rights of its properties may be bound. This Lease constitutesuse, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitutecovenants, the legalrestrictions, valid and binding obligations of Landlord enforceable against Landlord in accordance with their respective terms. Any ordereasements, permissionservitudes, consentsubdivision rules or regulations, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or made. (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) to the best of its knowledge, none of the foregoing are pending or threatened. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right encumbrances relating to the use Property prohibit or possession will interfere with the Permitted Use; e. Landlord has good and marketable fee simple title to the Premises, the Property and any other property across which Landlord may grant an Easement to Lessee or any Subtenant, free and clear of all liens and encumbrances. Landlord covenants that Lessee will have the quiet enjoyment of the PropertyPremises and Easement during the Term of this Agreement. WITNESS If Landlord fails to keep the execution hereof under seal as Premises and Easement free and clear of any liens and encumbrances, Lessee will have the day right, but not the obligation, to satisfy any such lien or encumbrance and year first above written. TENANT:to deduct the full amount paid by Xxxxxx on Landlord’s behalf from future Monthly RSPs; f. Lessee will at all times during this Agreement enjoy ingress, egress, and access from the Premises (24) hours a day, (7) days a week, to an open and improved public road which is adequate to service the Premises and the Tower Facilities; and g. These representations and warranties of Landlord shall survive the termination or expiration of this Agreement.

Appears in 1 contract

Samples: Option and Ground Lease Agreement

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant that, as of the date hereof as followsFirst Rent Commencement Date: (ai) Landlord has good and marketable title to the Premises, subject only to the Permitted Exceptions, free and clear of any mortgage, deed of trust, or mortgage encumbrance whatsoever, except for those identified as Permitted Exceptions, and Landlord possesses full power and authority to deal therewith in all respects and no other party has any right or option thereto or in connection therewith; (ii) the Premises is zoned so as to permit Tenant to use and operate the Premises for the Permitted Uses (as defined in paragraph 7(b) below), and there are no easements, covenants, conditions, restrictions, rights-of-way, governmental rules, statutes, ordinances, moratoria, policies or plans which would prohibit or interfere with the operation of Tenant’s business upon the Premises; (iii) there are no pending or, to Landlord’s best knowledge, threatened condemnation proceedings or other governmental, municipal, administrative or judicial proceedings affecting the Premises; (iv) there are no pending or, to Landlord’s best knowledge, threatened actions or legal proceedings affecting the Premises; (v) there are no unpaid special assessments for sewer, sidewalk, water, paving, gas, electrical or power improvements or other capital expenditures or improvements, matured or unmatured, affecting the Premises; (vi) this Lease and the consummation of the transactions contemplated herein are the valid and binding obligations of Landlord and do not constitute a default (or an event which, with the giving of notice or the passage of time, or both, would constitute a default) under, nor are they inconsistent with, any contract to which Landlord is party or by which it is bound, including, but not limited to, the Permitted Exceptions; (vii) there are no outstanding notices of, nor, to Landlord’s best knowledge, are there, any violations of any law, regulation, ordinance, order or other requirements of any governmental authority having jurisdiction over or affecting any part of the Premises; (viii) Landlord is not obligated upon any contract, lease or agreement, written or oral, with respect to the ownership, use, operation or maintenance of any part of the Property which will adversely impact Tenant’s use of the Premises for the Permitted Uses; (ix) Landlord is a limited liability company, company duly organized and validly existing under the laws of the State Commonwealth of Delaware. Landlord has all requisite power to own, lease Virginia and operate its assets, and to carry on its business as now conducted. Landlord has full power and authority to execute, deliver and carry out the terms and provisions of enter into this Lease and all documents required on the transactions contemplated hereby and to perform its part to be executed obligations hereunder and by proper action has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind Landlord to the terms and conditions of this Lease (and all said agreements and instruments). Neither duly authorized the execution and delivery of of, and performance under this Lease and said agreements and instruments Lease; (x) Landlord shall notify Tenant immediately if at any time prior to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of First Rent Commencement Date any of the terms, conditions foregoing representations and warranties in this paragraph 5 become untrue or provisions of, or constitute a default under, the limited liability company agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, to which Landlord is a party or by which any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, the legal, valid and binding obligations of Landlord enforceable against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or madeincorrect. (bxi) Landlord is does not in default know or violation have reason to know of the presence of any orderasbestos containing materials or other hazardous materials in the Building, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law Premises or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against LandlordCommon Areas except as disclosed in, and (iv) subject to the best limitations of its knowledgenon-accessibility for inspection described in, none of the foregoing O&M Document and the Plan (as such terms are pending or threateneddefined in paragraph 34 below). (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:

Appears in 1 contract

Samples: Deed of Lease (Bank of the James Financial Group Inc)

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant as of the date hereof as followsEffective Date: 30.1 Landlord holds good and indefeasible fee simple title to the Premises and Bxxxx House, and said title is free and clear of all mechanic's liens, liens, mortgages, or encumbrances of any nature (a) except for Permitted Exceptions), and no work has been performed or is in progress by Landlord is a limited liability companyfor which sums are due to any party, duly organized and validly existing no materials have been furnished to the Landlord or any portion thereof the cost of which has not been paid, which might give rise to mechanic's, materialman's or other liens against the Premises or any portion thereof. In addition, there are no unpaid debts, liabilities or claims arising from the ownership or operation of Bxxxx House other than those taxes which are the subject of proration and adjustment under the laws this Lease. 30.2 No portion of the State of Delaware. Premises is affected by any general, special, or other assessments which remain unpaid or which constitute or which could mature into a lien on the Premises or binding on Tenant, excluding current year ad valorem property taxes levied by all applicable taxing authorities, and Landlord has all requisite power not received notice of any general, special, or other assessment or taxes affecting the Premises or which would be binding on Landlord. 30.3 There are no actions, suits or proceedings (including condemnation proceedings) pending or, to ownLandlord's knowledge, lease threatened, against Landlord or the Premises (or any portion thereof) which could adversely affect the Premises or any part thereof or Landlord's ability to perform hereunder, including, without limitation, actions, suits or proceedings which question the compliance of the Premises with any applicable rules, ordinances, laws and operate its assetsregulations affecting the Premises. 30.4 No portion of the Premises shall, and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions of this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind Landlord or subsequent to the terms and conditions of this Lease (and all said agreements and instruments). Neither Rent Commencement Date, be subject to the execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the burdens or obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, the limited liability company agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease management or other agreement pertaining to the operation and use of the Premises by Tenant, except as disclosed pursuant to Article 7. 30.5 There are no leases or instrumentother agreements granting to third parties the right to use or occupy the Premises, except the Existing Leases. 30.6 There are no contracts or other obligations outstanding for the sale, exchange or transfer of the Premises or Bxxxx House or any portion thereof 30.7 There are no attachments, executions, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or pursuant to which Landlord is a party any other debtor relief laws contemplated or by which any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed filed by Landlord hereunder when so executed and delivered shall constitute, the legal, valid and binding obligations of Landlord enforceable or pending against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or madePremises. (b) 30.8 Landlord is not in default or receipt of any written notice that the Premises is in violation of or subject to any orderexisting, writ injunction, decree pending or demand of threatened investigation or inquiry by any governmental authorityauthority or to any remedial obligations under any applicable federal, state or local laws, regulations or ordinances pertaining to health or the environment, including, without limitation, Environmental Laws. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) to the best of its knowledge, none of the foregoing are pending or threatened. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:

Appears in 1 contract

Samples: Ground Lease (Bluerock Residential Growth REIT, Inc.)

Representations and Warranties of Landlord. To induce Landlord hereby warrants and represents the following: Landlord is the current Tenant under that certain Office Space Lease (the "Master Lease") dated as of October 4, 1993, by and between T-Las Colinas Towers Corp., a Delaware corporation, as the landlord and the Landlord as the Tenant, as the same may now be hereinafter be amended, pursuant to execute this Lease and perform its obligations hereunderwhich Master Landlord leased the Master Premises to Landlord. The Leased Premises is a part of the Master Premises. without the prior written consent of Tenant, which consent shall not be unreasonably withheld, Landlord hereby represents and warrants to Tenant as of shall not amend or modify the date hereof as follows:Master Lease in a manner which adversely affects Tenant. (a) Landlord is a limited liability company, duly organized and validly existing under the laws of the State of Delaware. Landlord has all requisite power authorized to own, lease and operate its assets, execute and to carry on its business as now conducted. Landlord has full power to execute, deliver and carry out the terms and provisions of enter into this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance of this Lease is a legal, binding, and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf valid obligation of Landlord, have the authority to bind Landlord to the terms and conditions of this Lease enforceable in accordance with its terms. (and all said agreements and instruments). Neither the b) The execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will not conflict with or result in cause a breach default by Landlord under any laws, rules, regulations or court orders of any of the terms, conditions or provisions of, or constitute a default undergovernmental authority, the limited liability company agreement of Landlord, Master Lease or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, prior lease to which Landlord is a party or by which any of its properties may be assets are bound. This , nor will this Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, create any conflict with the legal, valid and binding obligations of Landlord enforceable against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or made. (b) Landlord is not in default or violation rights of any order, writ injunction, decree or demand of any governmental authorityother tenant in the Project. (c) There is no default by Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against LandlordMaster Lease, and (iv) to the best of its Landlord's knowledge, none of the foregoing are pending or threatenedno default thereunder by Master Landlord. (d) With respect to environmental matters, Landlord has no knowledge that: (i) The Leased Premises are not granted in compliance with all Environmental Requirements, or conveyed to anyone other than Tenantthat there are any Hazardous Materials (hereinafter defined) on, under, or in the Project or the Leased Premises in amounts or concentrations that require investigation or remedial or removal action. (ii) The Leased Premises contain any right asbestos, whether friable or option to acquire the Property not. (iii) Landlord or any party officer or employee thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:has received any

Appears in 1 contract

Samples: Office Sublease (Advancepcs)

AutoNDA by SimpleDocs

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunderAs of the Effective Date, Landlord hereby represents makes the following representations and warrants warranties to Tenant as of the date hereof as followsTenant: (a) Landlord is a limited liability companyan entity duly organized, duly organized and validly existing and in good standing under the laws of the State its state of Delaware. Landlord has all requisite organization, with full power to own, lease and operate its assets, and authority to carry on its business as such business is now conducted. . (b) Landlord has full all requisite power and authority to execute, deliver and carry out the terms and provisions of enter into this Lease and all documents required to consummate the transactions contemplated hereby. This Lease has been duly and validly approved by Landlord’s appropriate governing body, and no other proceedings on its the part of Landlord are necessary to be executed and has taken all necessary company action to authorize the execution, delivery and performance of approve this Lease and all to consummate the transactions contemplated hereby. This Lease constitutes Landlord’s legal, valid and binding obligation, except as may be limited by the limitations on enforceability imposed by general principles of equity and bankruptcy, insolvency, reorganization and moratorium and other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part similar laws relating to be carried out. The persons executing this Lease creditors’ rights. (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of c) Landlord, have the authority to bind Landlord to the terms and conditions of this Lease (and all said agreements and instruments). Neither the ’s execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease contemplated hereby and said agreements and instruments will thereby do not (i) violate or conflict with any provision of Landlord’s organizational documents; (ii) violate any Requirement applicable to Landlord, except for violations that would not have, or could not reasonably be expected to have, a material adverse effect on Tenant’s interests in the transactions described in this Lease; or (iii) violate, result in a breach of any of the terms, conditions or provisions of, or constitute (with due notice or lapse of time or both) a default under, the limited liability company under any agreement of Landlord, or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, to which Landlord is a party party, except in each case where such violation or by which any of its properties may breach would not have, or could not reasonably be boundexpected to have, a material adverse effect on Tenant’s interests in the transactions described in this Lease. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, the legal, valid and binding obligations of Landlord enforceable There is no litigation pending against Landlord in accordance with their respective terms. Any orderor, permissionto Landlord’s current actual knowledge, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or made. (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed threatened against Landlord, and (iv) which, if determined adversely to Landlord, would have, or could reasonably be expected to have, a material adverse effect on Tenant’s interests in the best of its knowledge, none of the foregoing are pending or threatenedtransactions described in this Lease. (d) Landlord has not granted or conveyed to anyone other than TenantNo broker, any right or option to acquire the Property or any party thereof or any easementfinder, license or lease except for matters of record of the Property investment banker or other right relating Person is entitled, or will become entitled, to the use any brokerage, finder’s or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:other fee or commission in connection with this Lease, based upon arrangements made by Landlord or on its behalf, for which Tenant will become liable.

Appears in 1 contract

Samples: Ground Lease Agreement (Kaiser Aluminum Corp)

Representations and Warranties of Landlord. To induce Tenant (a) During the Term, Landlord shall remain a public benefit corporation of the State of New York with all revenues actually received by Landlord pursuant to execute this Lease and perform its obligations hereunderused to benefit the Park, including the Premises. (b) Landlord hereby represents and warrants to Tenant as of the date hereof as follows:following:‌ (ai) Landlord is a limited liability companypublic benefit corporation of the State of New York that is duly organized, duly organized and validly existing and in good standing under the laws of the State of Delaware. Landlord New York and has all requisite power to own, lease and operate its assets, and to carry on its business as now conducted. Landlord has full power authority to execute, deliver and carry out perform its obligations under, and grant the rights and privileges provided by, this Lease. (ii) This Lease has been duly approved by Xxxxxxxx’s board of directors and all other governing bodies whose approval is required, has been duly executed and delivered by Landlord, and assuming due execution and delivery by Xxxxxx, constitutes a legal, valid, binding and enforceable obligation of Landlord, in accordance with all of the terms and provisions hereof. Without limiting the generality of the foregoing, this Lease and all documents required on its part to be executed and has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into been signed by Landlord in furtherance hereof), on behalf a duly authorized signatory of Landlord, have the authority to bind Landlord to the terms and conditions of this Lease . (and all said agreements and instruments). Neither the iii) The execution and delivery of this Lease Lease, and said agreements and instruments to be executed by Landlord in connection herewith, nor compliance with the incurrence by Landlord provisions hereof (including use of the obligations herein set forthPremises as contemplated by this Lease), nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease do not and said agreements and instruments will not conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a violation of or default underunder (in each case, with or without notice, the limited liability company agreement lapse of time or both) Landlord’s organizational or governance documents, the Act, the State Lease or to the knowledge of Landlord, any bond, note or other evidence of indebtedness, contractstatute, indenture, mortgage, deed of trust, loan agreement, lease trust or other agreement or instrument, instrument to which Landlord is a party bound, or by which any order, rule or regulation of any court, governmental agency or body having jurisdiction over Landlord or any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, the legal, valid and binding obligations of Landlord enforceable against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration activities or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or madeproperties. (biv) Landlord is not in default or violation All consents, approvals, licenses, permits and other authorizations required for Landlord’s execution of any order, writ injunction, decree or demand of any governmental authoritythis Lease have been obtained. (cv) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute This Lease and Xxxxxx’s use of the United States or any jurisdiction Premises contemplated hereby (including the terms of Article 9 and no such petition has been filed against Landlord, Xxxxxx’s control over the Premises and (ivuse thereof for Permitted Events) to the best of its knowledge, none of the foregoing are pending or threatened. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:comply with Xxxxxxxx’s organizational or

Appears in 1 contract

Samples: Lease Agreement

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant as of Rent Purchaser on the date hereof and on each Funding Date as follows: (ai) Landlord is a limited liability company, duly organized and validly existing in good standing under the laws of the State its jurisdiction of Delaware. Landlord has all requisite power to own, lease and operate its assetsincorporation, and has the corporate power and authority to carry on enter into and perform its business as now conducted. Landlord obligations under this Agreement; (ii) this Agreement has full power to execute, deliver and carry out the terms and provisions of this Lease and all documents required on its part to be executed and has taken been duly authorized by all necessary company corporate action to authorize on the part of Landlord and the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into hereof by Landlord do not require the consent or approval of, the giving of notice to, the registration with, or the taking of any other action in furtherance hereof)respect of, on behalf any federal, state or foreign governmental authority or agency by Landlord, except such as has been duly obtained and is in full force and effect, and do not require any approval of stockholders of Landlord or any approval or consent of any trustee or holders of any indebtedness or obligations of Landlord, have the authority to bind Landlord to the terms and conditions of this Lease (has been duly executed and all said agreements delivered by Landlord, and instruments). Neither neither the execution and delivery of this Lease and said agreements and instruments to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forthhereof, nor the consummation by Landlord of the transactions herein contemplatedcontemplated hereby, nor compliance by Landlord with any of the terms and provisions hereof will contravene any law of this Lease the country and said agreements and instruments will conflict with state of incorporation of Landlord or any judgment, governmental rule, regulation or order applicable to or binding on Landlord or contravene or result in a any breach of any of the terms, conditions or provisions of, or constitute a any default under, or result in the limited liability company agreement creation of Landlord, or to the knowledge any lien upon any property of LandlordLandlord under, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, chattel mortgage, deed of trust, conditional sales contract, bank loan or credit agreement, lease charter, by-law or other agreement or instrument, instrument to which Landlord is a party or by which any of it or its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitute, the bound or affected; (iii) this Agreement constitutes a legal, valid and binding obligations obligation of Landlord enforceable against Landlord in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or made.terms hereof; (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) there are no suits or proceedings pending, or, to the best knowledge of its knowledgeLandlord, none threatened, against or affecting Landlord before any court, governmental agency or arbitrator, which in the good faith opinion of Landlord, after consultation with counsel, would if adversely determined have a material adverse effect on the foregoing are pending interests or threatenedthe financial condition of Landlord or which would purport to affect the legality, validity or enforceability of this Agreement. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:

Appears in 1 contract

Samples: Rent Purchase Agreement (Integrated Device Technology Inc)

Representations and Warranties of Landlord. To induce Tenant to execute this Lease and perform its obligations hereunder, Landlord hereby represents and warrants to Tenant that, as of the date hereof as followsEffective Date: i) Landlord has good and marketable title to the Premises, subject only to the Permitted Exceptions, free and clear of any mortgage, deed of trust, or mortgage encumbrance whatsoever, except for those identified as Permitted Exceptions, and Landlord possesses full power and authority to deal therewith in all respects and no other party has any right or option thereto or in connection therewith; ii) the Premises is zoned so as to permit Tenant to use and operate the Premises for the Permitted Uses, and there are no easements, covenants, conditions, restrictions, rights-of-way, governmental rules, statutes, ordinances, moratoria, policies or plans which would prohibit or interfere with the operation of Tenant’s business upon the Premises; iii) there are no pending or, to Landlord’s best knowledge, threatened condemnation proceedings or other governmental, municipal, administrative or judicial proceedings affecting the Premises; iv) there are no pending or, to Landlord’s best knowledge, threatened actions or legal proceedings affecting the Premises, but Landlord discloses that Landlord and Wachovia Bank, National Association, a previous tenant of the Building, settled a dispute between them as stated in the Lease Expiration, Settlement, and Release Agreement (aPID #506913) dated May 8, 2003, a copy of which has been provided to Tenant by Landlord; v) there are no unpaid special assessments for sewer, sidewalk, water, paving, gas, electrical or power improvements or other capital expenditures or improvements, matured or unmatured, affecting the Premises; vi) this Lease and the consummation of the transactions contemplated herein are the valid and binding obligations of Landlord and do not constitute a default (or an event which, with the giving of notice or the passage of time, or both, would constitute a default) under, nor are they inconsistent with, any contract to which Landlord is party or by which it is bound, including, but not limited to, the Permitted Exceptions; vii) there are no outstanding notices of, nor, to Landlord’s best knowledge, are there, any violations of any law, regulation, ordinance, order or other requirements of any governmental authority having jurisdiction over or affecting any part of the Premises; viii) Landlord is not obligated upon any contract, lease or agreement, written or oral, with respect to the ownership, use, operation or maintenance of any part of the Property which will adversely impact Tenant’s use of the Premises for the Permitted Uses; ix) Landlord is a limited liability company, company duly organized and validly existing under the laws of the State of Delaware. Landlord has all requisite power to own, lease Virginia and operate its assets, and to carry on its business as now conducted. Landlord has full power and authority to execute, deliver and carry out the terms and provisions of enter into this Lease and all documents required on the transactions contemplated hereby and to perform its part to be executed obligations hereunder and by proper action has taken all necessary company action to authorize the execution, delivery and performance of this Lease and all other agreements and instruments executed in connection herewith and the performance of those provisions of this Lease required on its part to be carried out. The persons executing this Lease (and all other agreements and instruments entered into by Landlord in furtherance hereof), on behalf of Landlord, have the authority to bind Landlord to the terms and conditions of this Lease (and all said agreements and instruments). Neither duly authorized the execution and delivery of and performance under this Lease and said agreements and instruments Lease; and x) Landlord shall notify Tenant immediately if at any time prior to be executed by Landlord in connection herewith, nor the incurrence by Landlord of the obligations herein set forth, nor the consummation by Landlord of the transactions herein contemplated, nor compliance by Landlord with the terms of this Lease and said agreements and instruments will conflict with or result in a breach of Commencement Date any of the terms, conditions foregoing representations and warranties in this paragraph 6 become untrue or provisions of, incorrect. xi) Landlord does not know or constitute a default underhave reason to know of the presence of any asbestos containing materials or other hazardous materials in the Building, the limited liability company agreement of LandlordPremises or any Common Areas except as disclosed in, or and subject to the knowledge limitations of Landlord, any bond, note or other evidence of indebtedness, contract, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument, to which Landlord is a party or by which any of its properties may be bound. This Lease constitutes, and all agreements and documents required to be executed by Landlord hereunder when so executed and delivered shall constitutenon-accessibility for inspection described in, the legal, valid O&M Document and binding obligations of Landlord enforceable against Landlord the Plan (as such terms are defined in accordance with their respective terms. Any order, permission, consent, approval, license, authorization, registration or filing with, or exemption by, any governmental agency which is required for the execution or delivery of this Lease, or said agreements and instruments by Landlord has been obtained or madeparagraph 35 below). (b) Landlord is not in default or violation of any order, writ injunction, decree or demand of any governmental authority. (c) Landlord (i) is not in receivership or dissolution, (ii) has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature, (iii) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors under the Federal bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no such petition has been filed against Landlord, and (iv) to the best of its knowledge, none of the foregoing are pending or threatened. (d) Landlord has not granted or conveyed to anyone other than Tenant, any right or option to acquire the Property or any party thereof or any easement, license or lease except for matters of record of the Property or other right relating to the use or possession of the Property. WITNESS the execution hereof under seal as of the day and year first above written. TENANT:

Appears in 1 contract

Samples: Lease Agreement (Bank of the James Financial Group Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!