Common use of Representations of Optionee Clause in Contracts

Representations of Optionee. Optionee represents that the above Section 1 accurately sets forth, as to Optionee, the number of shares of Homes common stock subject to the Option held by Optionee and the exercise price and expiration date thereof. Optionee represents that Optionee is the sole legal and beneficial owner, and has good title to, the Option indicated as owned by Optionee, and that such Option is owned by Optionee free and clear of liens, security interests, charges or other encumbrances. Optionee represents that Optionee has the legal right, power, capacity and authority to execute, deliver and perform this Agreement, and that this Agreement is the valid and binding obligation of Optionee enforceable in accordance with its terms, except as the enforcement thereof may be limited by general principles of equity. Optionee represents that the execution, delivery and performance of this Agreement will not (a) conflict with or result in the breach of, or default or actual or potential loss of any benefit under, any provision of any agreement, instrument or obligation to which the Optionee or the Optionee's spouse is a party or by which any of Optionee's properties or the Optionee's spouse's properties are bound, or give any other party to any such agreement, instrument or obligation a right to terminate or modify any term thereof; (b) require the consent or approval of any third party; (c) result in the creation or imposition of any lien, mortgage or encumbrance on the Option or any other assets of the Optionee or the Optionee's spouse; or (d) violate any law, rule or regulation to which the Optionee or the Optionee's spouse is subject.