Representations by Tenant. The application, financial statements and tax returns, if any, submitted and certified to by Tenant as an accurate representation of its financial condition have been prepared, certified and submitted to Landlord as an inducement and consideration to Landlord to enter into this Lease. The application and statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant's true financial condition as of the date of execution of this Lease by Tenant. Tenant shall during the Term promptly furnish Landlord with annual financial statements reflecting Tenant's financial condition upon written request from Landlord.
Representations by Tenant. Tenant represents and warrants to Lender that Tenant has validly executed the Lease; the Lease is valid, binding and enforceable and is in full force and effect in accordance with its terms; the Lease has not been amended except as stated herein; no rent under the Lease has been paid more than thirty (30) days in advance of its due date; there are no defaults existing under the Lease; and Tenant, as of this date, has no charge, lien, counterclaim or claim of offset under the Lease, or otherwise, against the rents or other charges due or to become due under the Lease.
Representations by Tenant. Tenant represents and warrants that any financial statements provided by it to Landlord were true, correct and complete when provided, and that no material adverse change has occurred since that date that would render them inaccurate or misleading. Tenant represents and warrants that those persons executing this Lease on Tenant’s behalf are duly authorized to execute and deliver this Lease on its behalf, and that this Lease is binding upon Tenant in accordance with its terms and upon execution of this Lease, Tenant shall deliver evidence of such authority to Landlord in form satisfactory to Landlord.
Representations by Tenant. Tenant represents and warrants to Landlord that, on the date hereof and throughout the Term, the following:
(1) Tenant is a limited liability company, duly organized and validly existing in good standing under the laws of Delaware, has qualified to do business in the State of Texas and has all requisite power and authority to enter into and perform its obligation under this Lease;
(2) no governmental action is required to be taken, given or obtained, as the case may be, by or from any governmental authority and no filing. recording, publication or registration in any public office or any other place, is necessary to authorize the execution, delivery and performance by Tenant of this Lease or for the legality, validity, binding effect or enforceability hereof;
(3) the execution and delivery of this Lease by Tenant and the performance of its obligation hereunder will not contravene any Applicable Laws, or any judgment or order applicable to or binding on it, or contravene or result in any breach of, or constitute any default under, its articles of organization, operating agreement or any indenture, mortgage, contract, agreement or instrument to which the Tenant is a party or by which any of its properties may be bound; and
(4) the execution, delivery and performance of this Lease by Tenant has been duly authorized by all necessary action;
(5) this Lease has been duly executed and delivered by Tenant and constitutes the legal, valid and binding obligation of Tenant enforceable against Tenant in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, liquidation or similar laws affecting creditors’ rights generally and by general principles of equity; and
(6) Tenant is in compliance and will continue to comply with all applicable anti-money laundering laws, including, without limitation, the USA Patriot Act, and the laws administered by the United States Treasury Department’s Office of Foreign Assets Control, including, without limitation, Executive Order 13224 (the “Executive Order”). Tenant further represents (such representation to be true throughout the Term) (i) that it is not, and it is not owned or controlled directly or indirectly by any person or entity, on the SDN List published by the United States Treasury Department’s Office of Foreign Assets Control and (ii) that it is not a person otherwise identified by government or legal authority as a person with whom a U.S. pe...
Representations by Tenant. The application, financial statements and tax returns, if any, submitted and certified to by Tenant as an accurate representation of its financial condition have been prepared, certified and submitted to Landlord as an inducement and consideration to Landlord to enter into this Lease. The application and statements are represented and warranted by Tenant to be correct and to accurately and fully reflect Tenant’s true financial condition as of the date of execution of this Lease by Tenant. Tenant shall during the Term, but no more than twice during the initial Term, promptly furnish Landlord with current annual financial statements accurately reflecting Tenant’s financial condition upon written request from Landlord.
Representations by Tenant. Tenant represents and warrants to Lender that Tenant has validly executed the Lease: the Lease is valid, binding and enforceable and is in full force and effect in accordance with its terms; the Lease has not been amended except as stated herein; the term of the Lease has commenced; Tenant has accepted possession of the Demised Premises and any improvements required by the terms of the [lease have been completed to the satisfaction of Tenant; no rent under the Lease has been paid more than thirty (30) days in advance of its due date; there are no defaults existing under the Lease; and Tenant, as of this date, has no charge, lien, counterclaim or claim of offset under the Lease, or otherwise, against the rents or other charges due or to become due under the Lease.
Representations by Tenant. Tenant represents and warrants that any financial statements provided by it to Landlord were true, correct and complete when provided, and that no material adverse change has occurred since that date that would render them inaccurate or misleading, Each party represents and warrants to the other party that those persons executing this Lease on its behalf are duly authorized to execute and deliver this Lease on its behalf, and that this Lease is binding upon such party in accordance with its terms and upon execution of this Lease, each party shall deliver evidence of such authority to the other parry in form satisfactory to the other party.
Representations by Tenant. Tenant represents and warrants to Lender ------------------------- that Tenant has validly executed the Lease; the Lease is valid, binding and enforceable and is in full force and effect in accordance with its terms; the Lease has not been amended except as stated herein; no rent under the Lease has been paid more than thirty (30) days in advance of its due date; to the best of Tenant's knowledge without any independent investigation there are no defaults existing under the Lease; and Tenant, as of this date, has no charge, lien, counterclaim or claim of offset under the Lease, or otherwise, against the rents or other charges due or to become due under the Lease.
Representations by Tenant. Each party represents and warrants to the other party that those persons executing this Lease on its behalf are duly authorized to execute and deliver this Lease on its behalf, and that this Lease is binding upon such party in accordance with its terms and upon execution of this Lease, each party shall deliver evidence of such authority to the other party in form satisfactory to the other party.
Representations by Tenant. Tenant hereby makes the following representations:
(a) Tenant is a nonprofit corporation, duly incorporated under the laws of the State, exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, and in good standing under its articles of incorporation and the laws of the State, and by proper corporate action has been duly authorized to execute and enter into this Lease.
(b) Neither the execution and delivery of this Lease, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Lease conflict with or result in a breach of any terms, conditions, or provisions of any restrictions or agreements to which the Tenant is now a party.
(c) To the best of Tenant’s knowledge, Tenant is in compliance in all material respects with all applicable statutes, rules, regulations, and requirements of all federal, State and local commissions, boards, bureaus, and agencies having jurisdiction over Tenant and the operation of its business under this Lease.
(d) To the best of Tenant’s knowledge, there are no claims, actions, suits, proceedings, or investigations pending against or affecting Tenant or the operation of its business pursuant to the terms of this Lease at law or in equity, or before any federal, State, municipal, or other governmental department, commission, board, bureau, agency or instrumentality wherever located which would have a material adverse effect upon the transactions contemplated by this Lease.
(e) Tenant either has obtained and holds all governmental permits and licenses required to conduct its business and to operate the Hospital pursuant to the terms of this Lease, or within ninety (90) days after the Commencement Date (as hereinafter defined), will have obtained such permits and licenses effective as of the Commencement Date. Xxxxxxxx agrees to assist Xxxxxx with obtaining any and all such applicable permits or licenses.
(f) During the term of this Lease, Tenant will operate and maintain the Hospital as an acute care community general hospital, maintain its status as a Critical Access Hospital, and operate the Hospital and the Affiliated Operations, free of discrimination, serving patients without regard to either ability to pay or payor source, and assuring the quality of care of services provided through the Hospital, insofar as possible consistent with the obligations imposed hereunder for the welfare and benefit of the residents of Blad...
