Common use of Representations of the Lessee Clause in Contracts

Representations of the Lessee. The Lessee represents, covenants and warrants to the District as follows: The Lessee is duly organized and existing under the laws of the State of California, with an active California contractor’s license. It has full power and authority to enter into this Site Lease and the Facilities Lease; is possessed of full power to own and hold real and personal property, to lease and sell the same, and to perform all of its duties and obligations hereunder; and has duly authorized the execution and delivery of all of the aforesaid agreements. Lessee is aware of no action, suit, proceeding, inquiry, or investigation pending or threatened in any court or in any federal, state, or municipal administrative body which, if determined adversely to Lessee or its interests, would have a material and adverse effect upon Lessee’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. Lessee is not in default with respect to any order or decree of any court or any order, regulation, or demand of any federal, state, or municipal administrative body which default might have consequences that would have a material and adverse effect upon Lessee’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. Neither the execution and delivery of this Site Lease or the Facilities Lease, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Lessee is now a party or by which the Lessee is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Lessee, or upon the Site, except Permitted Encumbrances.

Representations of the Lessee. The Lessee represents, covenants and warrants to the District as follows: : 4.5.1 The Lessee is duly organized and existing under the laws of the State of California, with an active California contractor’s license. It has full power and authority to enter into this Site Lease and the Facilities Lease; is possessed of full power to own and hold real and personal property, to lease and sell the same, and to perform all of its duties and obligations hereunder; and has duly authorized the execution and delivery of all of the aforesaid agreements. . 4.5.2 Lessee is aware of no action, suit, proceeding, inquiry, or investigation pending or threatened in any court or in any federal, state, or municipal administrative body which, if determined adversely to Lessee or its interests, would have a material and adverse effect upon LesseeXxxxxx’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. Lessee is not in default with respect to any order or decree of any court or any order, regulation, or demand of any federal, state, or municipal administrative body which default might have consequences that would have a material and adverse effect upon LesseeXxxxxx’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. . 4.5.3 Neither the execution and delivery of this Site Lease or the Facilities Lease, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Lessee is now a party or by which the Lessee is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Lessee, or upon the Site, except Permitted Encumbrances.

Representations of the Lessee. The Lessee represents, covenants and warrants to the District as follows: : 4.5.1 The Lessee is duly organized and existing under the laws of the State of California, with an active California contractor’s license. It has full power and authority to enter into this Site Lease and the Facilities Lease; is possessed of full power to own and hold real and personal property, to lease and sell the same, and to perform all of its duties and obligations hereunder; and has duly authorized the execution and delivery of all of the aforesaid agreements. ; 4.5.2 Lessee is aware of no action, suit, proceeding, inquiry, or investigation pending or threatened in any court or in any federal, state, or municipal administrative body which, if determined adversely to Lessee or its interests, would have a material and adverse effect upon Lessee’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. Lessee is not in default with respect to any order or decree of any court or any order, regulation, or demand of any federal, state, or municipal administrative body which default might have consequences that would have a material and adverse effect upon LesseeXxxxxx’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. Lease;‌ 4.5.3 Neither the execution and delivery of this Site Lease or the Facilities Lease, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Lessee is now a party or by which the Lessee is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Lessee, or upon the Site, except Permitted Encumbrances.

Representations of the Lessee. The Lessee represents, covenants and warrants to the District as follows: : 4.5.1 The Lessee is duly organized and existing under the laws of the State of California, with an active California contractor’s license. It has full power and authority to enter into this Site Lease and the Facilities Lease; is possessed of full power to own and hold real and personal property, to lease and sell the same, and to perform all of its duties and obligations hereunder; and has duly authorized the execution and delivery of all of the aforesaid agreements. ; 4.5.2 Lessee is aware of no action, suit, proceeding, inquiry, or investigation pending or threatened in any court or in any federal, state, or municipal administrative body which, if determined adversely to Lessee or its interests, would have a material and adverse effect upon Lessee’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. Lessee is not in default with respect to any order or decree of any court or any order, regulation, or demand of any federal, state, or municipal administrative body which default might have consequences that would have a material and adverse effect upon Lessee’s ability to consummate or perform the transactions and obligations contemplated by, or validity of, this Lease or the Facilities Lease. ; 4.5.3 Neither the execution and delivery of this Site Lease or the Facilities Lease, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Lessee is now a party or by which the Lessee is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Lessee, or upon the Site, except Permitted Encumbrances.