Common use of Representations and Warranties of Tenant Clause in Contracts

Representations and Warranties of Tenant. Tenant hereby makes the following representations and warranties, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or termination of the Lease. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally.

Appears in 3 contracts

Samples: Lease Agreement (Copper Mountain Networks Inc), Lease Agreement (Stanford Microdevices Inc), Lease Agreement (Bridge Capital Holdings)

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Representations and Warranties of Tenant. Tenant hereby makes the following representations and warranties, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or termination of the Lease. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization and is qualified to do business in the state in which the Premises is located and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i1) made a general assignment for the benefit of creditors, (ii2) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (iii3) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv4) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v5) admitted in writing its inability to pay its debts as they come due, or (vi6) made an offer of settlement, extension or composition to its creditors generally.

Appears in 2 contracts

Samples: Lease Agreement (Dicon Fiberoptics Inc), Lease Agreement (Sontra Medical Corp)

Representations and Warranties of Tenant. Tenant (and, if Tenant is a corporation, partnership, limited liability company or other legal entity, such corporation, partnership, limited liability company or entity) hereby makes the following representations and warranties, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or earlier termination of the this Lease. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization organization, and is qualified to do business in the state in which the Premises are located, and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i1) made a general assignment for the benefit of creditors, (ii2) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (iii3) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv4) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v5) admitted in writing its inability to pay its debts as they come due, or (vi6) made an offer of settlement, extension or composition to its creditors generally. (c) (i) Tenant is not in violation of any Anti-Terrorism Law;

Appears in 2 contracts

Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

Representations and Warranties of Tenant. Tenant (and, if Tenant is a corporation, partnership, limited liability company or other legal entity, such corporation, partnership, limited liability company or entity) hereby makes the following representations and warranties, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or earlier termination of the this Lease. Tenant shall re-certify such representations and warranties to Landlord periodically, upon Landlord’s reasonable request. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization organization, and is qualified to do business in the State of California, and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i1) made a general assignment for the benefit of creditors, (ii2) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (iii3) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv4) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v5) admitted in writing its inability to pay its debts as they come due, or (vi6) made an offer of settlement, extension or composition to its creditors generally. (c) (i) Tenant is not in violation of any Anti-Terrorism Law;

Appears in 1 contract

Samples: Lease Agreement (Blackhawk Network Holdings, Inc)

Representations and Warranties of Tenant. Tenant hereby makes the following representations and warranties, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or termination of the Lease. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing f ling of an involuntary petition by any creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally.

Appears in 1 contract

Samples: Lease Agreement (Paypal Inc)

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Representations and Warranties of Tenant. Tenant hereby makes the following representations and warranties, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or termination of the Lease. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization organization, and is qualified to do business in the state in which the Premises is located, and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i1) made a general assignment for the benefit of creditors, (ii2) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (iii3) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv4) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v5) admitted in writing its inability to pay its debts as they come due, or (vi6) made an offer of settlement, extension or composition to its creditors generally.

Appears in 1 contract

Samples: Lease Agreement (OMNICELL, Inc)

Representations and Warranties of Tenant. Tenant hereby makes the following representations and warrantieswarranties as of the date of this Lease, each of which is material and being relied upon by Landlord, is true in all respects as of the date of this Lease, and shall survive the expiration or termination of the this Lease. (a) If Tenant is an entity, Tenant is duly organized, validly existing and in good standing under the laws of the state of its organization and the persons executing this Lease on behalf of Tenant have the full right and authority to execute this Lease on behalf of Tenant and to bind Tenant without the consent or approval of any other person or entity. Tenant has full power, capacity, authority and legal right to execute and deliver this Lease and to perform all of its obligations hereunder. This Lease is a legal, valid and binding obligation of Tenant, enforceable in accordance with its terms. (b) Tenant has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv) suffered the attachment or other judicial seizure of all or substantially all of its assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally.

Appears in 1 contract

Samples: Lease Agreement (Alliance Fiber Optic Products Inc)

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