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

Representations and Warranties of Lessee and Lessor. Lessee represents and warrants to Lessor and its assigns, as follows: 1. The execution, delivery and performance of this Lease has been duly authorized and, upon execution by Lessor and Lessee, will constitute a valid obligation binding upon and enforceable against Lessee in accordance with its terms, subject to laws governing creditors' rights; 2. The performance by Lessee will not result in any breach, default or violation of, Lessee's certificate of incorporation or by-laws or any agreement to which Lessee is a party; 3. Lessee is in good standing in its jurisdiction of incorporation and in any jurisdiction in which any of the Equipment is to be located; and 4. Any and all financial statements or other information with respect to Lessee heretofore furnished by Lessee to Lessor was, when furnished, and remains at the time of execution of this Lease, true and complete. Lessor represents and warrants to Lessee as follows: 1. The execution, delivery and performance of this Lease has been duly authorized and, upon execution by Lessor and Lessee, will constitute a valid obligation binding upon and enforceable against Lessor in accordance with its terms, subject to laws governing creditors' rights; and 2. The performance by Lessor will not result in any breach, default or violation of, Lessor's certificate of incorporation or by-laws or any agreement to which Lessor is a party; The foregoing representations and warranties shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Samples: Master Lease Agreement (Neogenomics Inc), Master Lease Agreement (Webstakes Inc)

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Representations and Warranties of Lessee and Lessor. Lessee represents and warrants to Lessor and its assigns, as follows: 1. The execution, delivery and performance of this Lease has been duly authorized and, upon execution by Lessor and Lessee, will constitute a valid obligation binding upon and enforceable against Lessee in accordance with its terms, subject to laws governing creditors' rights; 2. The performance by Lessee will not result in any breach, default or violation of, of Lessee's certificate of incorporation or by-laws or any agreement to which Lessee is a party; 3. Lessee is in good standing in its jurisdiction of incorporation and in any jurisdiction in which any of the Equipment is to be located; and 4. Any and all financial statements or other information with respect to Lessee heretofore furnished by Lessee to Lessor was, when furnished, and remains at the time of execution of this Lease, true and complete. Lessor represents and warrants to Lessee as follows: 1. The execution, delivery and performance of this Lease has been duly authorized and, upon execution by Lessor and Lessee, will constitute a valid obligation binding upon and enforceable against Lessor in accordance with its terms, subject to laws governing creditors' rights; and 2. The performance by Lessor will not result in any breach, default or violation of, of Lessor's certificate of incorporation or by-laws or any agreement to which Lessor is a party; The foregoing representations and warranties shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Interliant Inc)

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Representations and Warranties of Lessee and Lessor. Lessee represents and warrants to Lessor and its assigns, as follows: 1. The execution, delivery and performance of this Lease has been duly authorized and, upon execution by Lessor and Lessee, will constitute a valid obligation binding upon and enforceable against Lessee in accordance with its terms, subject to laws governing creditors' rights; 2. The performance by Lessee will not result in any breach, default or violation of, Lessee's certificate of incorporation or by-laws or any agreement agreements to which Lessee is a party; 3. Lessee is in good standing in its jurisdiction of incorporation and in any jurisdiction in which any of the Equipment is to be located; and 4. Any and all financial statements or other information with respect to Lessee heretofore furnished by Lessee to Lessor was, when furnished, and remains at the time of execution of this Lease, true and complete. Lessor represents and warrants to Lessee as follows: 1. The execution, delivery and performance of this Lease has been duly authorized and, upon execution by Lessor and Lessee, will constitute a valid obligation binding upon and enforceable against Lessor in accordance with its terms, subject to laws governing creditors' rights; and 2. The performance by Lessor will not result in any breach, default or violation of, Lessor's certificate of incorporation or by-laws or any agreement agreements to which Lessor is a party; The foregoing representations and warranties shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Mail Com Inc)

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