Common use of Representations of Tenant Clause in Contracts

Representations of Tenant. Tenant represents to Landlord and agrees that: (a) The word "TENANT" as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents to Landlord and agrees that:: ------------------------- (a) The word "TENANTTenant" as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents and warrants to Landlord and agrees that: , with respect to the Existing Premises, (ai) The word "TENANT" Tenant has not heretofore sublet the Existing Premises nor assigned all or any portion of its interest in the Lease with respect thereto, nor shall any such transaction be in effect as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by New Premises Commencement Date, (ii) no other person, firm or entity has any right, title or interest in the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure Lease with respect to the benefit of any assignee of Tenant immediate or remoteExisting Premises, unless (iii) Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenantfull right, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership legal power and authority, as the case may be, actual authority to enter into this Second Amendment and to terminate Tenant’s lease of the Existing Premises without the consent of any person, firm or entity, and has taken all corporate or partnership action(iv) the individuals executing this Second Amendment on behalf of Tenant have the full right, legal power and actual authority to bind Tenant to the terms and conditions hereof. Tenant further represents and warrants to Landlord that, as of the case may bedate hereof, necessary to carry out there are no, and as of the transaction contemplated hereinNew Premises Commencement Date, so that when executedthere shall be no, mechanic’s liens or other liens encumbering all or any portion of the Existing Premises by virtue of any act or omission on the part of Tenant, its predecessors, contractors, agents, employees, successors, assigns or subtenants. The representations and warranties set forth in this Section 3.2 shall survive the termination of Tenant’s lease constitutes a valid of the Existing Premises and binding obligation enforceable in accordance with its terms. Tenant shall provide be liable to Landlord with corporate resolutions for any inaccuracy or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such executionany breach thereof.

Representations of Tenant. Tenant represents to Landlord and agrees that: (a) The word "TENANT" “Tenant” as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant Xxxxxx represents to Landlord and agrees that: (a) The word "TENANTTenant" as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant Xxxxxx has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents represents, warrants and covenants that it is now in a solvent condition; that no bankruptcy or insolvency proceedings are pending or contemplated by or against Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and agrees that: (a) The word "TENANT" as used herein includes correct in all material respects; that the execution and delivery of this Lease by Tenant named above as well as its successors and assignsdoes not contravene, each of result in a breach of, or constitute a default under any contract or agreement to which shall be under the same obligations and liabilities and each of Tenant is a party or by which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall may be bound jointly and severally by the termsdoes not violate or contravene any law, covenants order, decree, rule or regulation to which Tenant is subject; and agreements contained hereinthat there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's obligations under this lease. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership limited liability company or any other form partnership, each of business association or entity, the persons executing this lease on behalf of Tenant represents and warrants that Tenant is duly formed organized and existing, is qualified to do business in good standingthe state in which the Leased Premises are located, and has full corporate or partnership power right and authority, as the case may be, authority to enter into this lease and has taken all corporate Lease, that the persons signing on behalf of Tenant are authorized to do so by appropriate corporate, company or partnership actionaction and that the terms, as the case may beconditions and covenants in this Lease are enforceable against Tenant. If Tenant is a corporation, necessary limited liability company or partnership, Tenant, upon EXHIBIT 10.43 Landlord's request, will deliver evidence satisfactory to carry out the transaction contemplated herein, so Landlord that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution and delivery of this lease at the time of such executionLease has been duly authorized and properly executed.

Representations of Tenant. Tenant represents to Landlord and agrees that: (a) The word "TENANT" “Tenant” as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges remedies, privileges, authorities and powers as it would have possessed had it originally signed this lease Lease as Tenant. No officer, director, or principal of Tenant shall have any liability with respect to any of the provisions of this Lease or the Premises, and if Tenant is in breach with respect to Tenant’s obligations under this Lease or otherwise, subject to Section 7(c) (insurance), Landlord shall look solely to Tenant and Guarantor (defined below) pursuant to the terms of the Guaranty (defined below) for satisfaction of Landlord’s claims. Each and every of the persons person named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by LandlordLandlord as required herein. Any notice required or permitted by the terms of this lease Lease may be given by or to any one of the persons named above as Tenant, Tenant and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, existing corporation and has full corporate or partnership the power and authority, as the case may be, authority to enter into this lease Lease and to perform its obligations hereunder. The execution and delivery of this Lease has taken all been approved by the authorized Board of Directors of Tenant and no further corporate or partnership action, as action is required on the case may be, necessary part of Tenant to carry out consummate the transaction contemplated hereinhereby. The corporate officers executing this Lease on behalf of Tenant have all requisite authority to execute this Lease. There are no proceedings pending or threatened by or against Tenant in bankruptcy, so that when executed, this lease constitutes a valid and binding obligation enforceable insolvency or reorganization in accordance with its terms. Tenant shall provide Landlord with corporate resolutions any state or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such executionfederal court.

Representations of Tenant. Tenant represents to Landlord and agrees that: (a) a. The word "TENANT" “Tenant” as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Tenant Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) b. If Tenant is a corporation, partnership or any other form of business association or entity, . Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents to Landlord and agrees that:: ------------------------- (a) The word "TENANTTenant" as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved xxxx in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate corporation or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents to Landlord and agrees that: (a) a. The word "TENANT" “Tenant” as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) b. If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents to Landlord and agrees that: (a) The word "TENANT" as used herein includes the Tenant named above as well as its successors and assigns, [ILLEGIBLE] each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons [ILLEGIBLE] named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. [ILLEGIBLE] However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, [ILLEGIBLE] unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any [ILLEGIBLE] one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction [ILLEGIBLE] contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in [ILLEGIBLE] accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable [ILLEGIBLE] to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents to Landlord and agrees that:: ------------------------- (a) The word "TENANTTenant" as used herein includes the Tenant named above as well as its successors and assigns, each of which shall be under the same obligations and liabilities and each of which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall be bound jointly and severally by the terms, covenants and agreements contained herein. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership or any other form of business association or entity, . Tenant is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of this lease at the time of such execution.

Representations of Tenant. Tenant represents represents, warrants and covenants that it is now in a solvent condition; that no bankruptcy or insolvency proceedings are pending or contemplated by or against Tenant or any guarantor of Tenant's obligations under this Lease; that all reports, statements and other data furnished by Tenant to Landlord in connection with this Lease are true and agrees that: (a) The word "TENANT" as used herein includes correct in all material respects; that the execution and delivery of this Lease by Tenant named above as well as its successors and assignsdoes not contravene, each of result in a breach of, or constitute a default under any contract or agreement to which shall be under the same obligations and liabilities and each of Tenant is a party or by which shall have the same rights, privileges and powers as it would have possessed had it originally signed this lease as Tenant. Each and every of the persons named above as Tenant shall may be bound jointly and severally by the termsdoes not violate or contravene any law, covenants order, decree, rule or regulation to which Tenant is subject; and agreements contained hereinthat there are no judicial or administrative actions, suits, or proceedings pending or threatened against or affecting Tenant or any guarantor of Tenant's obligations under this lease. However, no such rights, privileges or powers shall inure to the benefit of any assignee of Tenant immediate or remote, unless Tenant has complied with the terms of Section 18 and the assignment to such assignee is permitted or has been approved in writing by Landlord. Any notice required or permitted by the terms of this lease may be given by or to any one of the persons named above as Tenant, and shall have the same force and effect as if given by or to all thereof. (b) If Tenant is a corporation, partnership limited liability company or any other form partnership, each of business association or entity, the persons executing this lease on behalf of Tenant represents and warrants that Tenant is duly formed organized and existing, is qualified to do business in good standingthe state in which the Leased Premises are located, and has full corporate or partnership power right and authority, as the case may be, authority to enter into this lease and has taken all corporate Lease, that the persons signing on behalf of Tenant are authorized to do so by appropriate corporate, company or partnership actionaction and that the terms, as the case may beconditions and covenants in this Lease are enforceable against Tenant. If Tenant is a corporation, necessary limited liability company or partnership, Tenant, upon Landlord's request, will deliver evidence satisfactory to carry out the transaction contemplated herein, so Landlord that when executed, this lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution and delivery of this lease at the time of such executionLease has been duly authorized and properly executed.