Representations Warranties and Agreements of the Lessee. The Lessee represents, warrants and agrees as follows:
Representations Warranties and Agreements of the Lessee. Lessee -------------------------------------------------------- hereby represents to Lessor that, as of the date hereof:
Representations Warranties and Agreements of the Lessee. Except as specified in Section 7.02 hereof, the Lessee hereby confirms for the benefit of the Owner Participant, the Funding Corporation, the Collateral Trust Trustee, the Owner Trustee and their respective affiliates, successors and permitted assigns the representations, warranties and agreements of the Lessee contained in Section 5.5 of the Existing Participation Agreement (except the representations and warranties contained in Subsection 5.5(i) thereof) on and as of the date hereof as though made on and as of the date hereof, except to the extent that such representations, warranties and agreements relate solely to an earlier date (in which case such representations and warranties are confirmed as being true and accurate on and as of such earlier date and such agreements are confirmed as having been performed on such earlier date). Lessee hereby further represents and warrants that Lessee's financial statements included in the Offering Circular present fairly in all material respects the financial position of Lessee as of the dates thereof and the results of operations and cash flows of Lessee for the periods covered thereby, all in conformity with GAAP consistently applied (except as disclosed in the notes thereto, and subject to normal year-end adjustments in the case of the unaudited financial statements). Except as disclosed in the Offering Circular, there has been no material adverse change in the assets, liabilities, business or financial position of Lessee, and nothing has occurred to the knowledge of Lessee which could materially and adversely affect the ability of Lessee to perform its obligations under the Operative Documents. As of its date, the Offering Circular did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein not misleading under the circumstances under which any such statement was made.
Representations Warranties and Agreements of the Lessee
