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. person is prohibited from transacting business. As of the date hereof, a list of such designations and the text for the Executive Order are published under the internet website address xxx.xxxxxxx.xxx/xxxxxxx/xxxxxxxxxxx/xxxx.
Appears in 2 contracts
Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Representations by Tenant. Tenant represents and warrants to Landlord that, on the date hereof and throughout the Term, the following:
(1a) Tenant is a limited liability companycorporation, 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;
(2b) 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;
(3c) 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 organization 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
(4d) the execution, delivery and performance of this Lease by Tenant has been duly authorized by all necessary action;
(5e) 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
(6f) 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. person is prohibited from transacting business. As of the date hereof, a list of such designations and the text for the Executive Order are published under the internet website address xxx.xxxxxxx.xxx/xxxxxxx/xxxxxxxxxxx/xxxx.
Appears in 1 contract
Samples: Office Lease (Sailpoint Technologies Holdings, Inc.)
Representations by Tenant. Tenant represents and warrants to Landlord that, on the date hereof and throughout the Term, the following:
(1a) Tenant is a proprietary limited liability company, duly organized and validly existing in good standing under the laws of DelawareAustralia, 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;
(2b) 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;
(3c) 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 incorporation 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
(4d) the execution, delivery and performance of this Lease by Tenant has been duly authorized by all necessary action;
(5e) 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 termstenns, 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
(6f) 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 TermTenn) (i) that it is not, and it is not owned or controlled directly or indirectly by any person or entity, on the SDN SON 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. person is prohibited from transacting business. As of the date hereof, a list of such designations and the text for the Executive Order are published under the internet website address xxx.xxxxxxx.xxx/xxxxxxx/xxxxxxxxxxx/xxxxxxx.xxxxxxx.xxx/xxxxxxx/xxxxxxxxxxxxxxxx.
Appears in 1 contract
Representations by Tenant. Tenant represents and warrants to Landlord that, on makes the date hereof and throughout the Term, the followingfollowing representations:
(1a) Tenant is a limited liability companypolitical subdivision of the State of North Carolina, duly organized created and validly existing in good standing under the laws of Delaware, has qualified to do business in the State of Texas North Carolina;
(b) The lease of the Premises to Tenant pursuant to this Lease will provide needed parking facilities for Tenant and serve functions which are essential to the proper, efficient and economic operation of Tenant;
(c) Tenant has all requisite full power and authority to enter into this Lease and to perform the transactions contemplated hereby and to carry out its obligation under obligations hereunder and by proper action has duly authorized, executed and delivered this Lease;
(2d) no governmental action Tenant is required not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to be takenwhich any indebtedness for borrowed money has been incurred, given or obtained, as the case may be, by or from any governmental authority and no filing. recordingevent has occurred and is continuing that with the lapse of time or the giving of notice, publication or registration both, would constitute or result in any public office an event of default thereunder;
(e) Tenant is not in default under or any other placein violation of, is necessary to authorize and the execution, delivery and performance compliance by Tenant with the terms and conditions 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, conflict with or any judgment or order applicable to or binding on it, or contravene constitute or result in any breach a default under or violation of, (i) any existing law, rule or constitute any default underregulation applicable to Tenant, its articles of organization, operating agreement or (ii) any indenture, mortgage, deed of trust, lien, lease, contract, agreement note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the Tenant is a party or by which any of its properties may be boundassets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; and
(4f) No further approval, consent or withholding of objection on the executionpart of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by Tenant with the terms and performance conditions 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. person is prohibited from transacting business. As of the date hereof, a list of such designations and the text for the Executive Order are published under the internet website address xxx.xxxxxxx.xxx/xxxxxxx/xxxxxxxxxxx/xxxxLease.
Appears in 1 contract
Samples: Sublease Agreement (Red Hat Inc)