Common use of Tenant Representations and Warranties Clause in Contracts

Tenant Representations and Warranties. Tenant represents and warrants to Landlord that: (i) Tenant is a political subdivision, duly organized and existing under Indiana law. Tenant has all requisite power and authority to enter into and deliver this Lease and to comply with and fulfill the terms and conditions of this Lease. The execution and delivery of this Lease by Xxxxxx and the consummation of the transactions contemplated hereby have been duly authorized by all necessary action. This Lease constitutes the legal, valid and binding obligation of Tenant, enforceable in accordance with its terms and conditions. (ii) The execution and delivery of this Lease and the consummation of the transactions herein contemplated will not conflict with or constitute a breach or default under any bond, debenture, note or any other evidence of indebtedness, loan agreement, lease or other contract to which Tenant is a party or by which it is bound or, to its knowledge, violate any law, regulation or order of the United States of America, or the State of Indiana or any agency or political subdivision thereof or any court order or judgment in any proceeding to which Tenant is or was a party or by which it is bound. (iii) The undersigned person executing this Lease on behalf of Xxxxxx is a duly appointed representative of Tenant and fully authorized to executed this Lease on behalf of Tenant. (iv) There is no action, suit, proceeding or investigation, at law or in equity, or by or before any United States court, arbitrator, administrative agency or other federal, state or local governmental authority, pending or, to the actual knowledge of Tenant, threatened against Tenant, wherein an unfavorable decision, ruling or finding would, or could reasonably be expected to, have a material adverse effect on the validity of this Lease.

Tenant Representations and Warranties. Tenant represents and warrants to Landlord thattoLandlord as of the date hereof as follows: (ia) Tenant is a political subdivisioncorporation duly organized, duly organized validly existing and existing in good standing under Indiana lawthe laws of the state of Delaware. Tenant has all requisite the corporate power and authority to conduct its business as now conducted, to own or hold under lease its properties and to enter into and deliver this Lease and to comply with and fulfill the terms and conditions of perform its obligations under this Lease. The execution Tenant is duly qualified to do business and delivery of is in good standing as a foreign corporation or partnership in any jurisdiction where the failure to so qualify would have a material adverse effect on its ability to perform its obligations under this Lease. (b) This Lease by Xxxxxx and the consummation of the transactions contemplated hereby have has been duly authorized by all necessary action. corporate action on the part of Tenant and has been duly executed and delivered by Tenant, and the execution, delivery and performance thereof by Tenant will not, (i) require any approval of the stockholders of Tenant or any approval or consent of any trustee or holder of any indebtedness or obligation of Tenant, other than such consents and approvals as have been obtained, (ii) contravene any Legal Requirements binding on Tenant or the charter or by-laws or other organizational documents of Tenant or (iii) contravene or result in any breach of or constitute any default under Tenant's charter or by-laws or other organizational documents, or any indenture, mortgage, loan agreement, lease or other agreement or instrument to which Tenant is a party or by which Tenant is bound, or result in the creation of any Lien upon any property of Tenant, where such breach, default or creation of Lien would (x) have a material adverse effect on the ability of Tenant to perform its obligations under this Lease or (y) be a material breach or default, or result in a Lien arising, under a material indenture, mortgage, loan agreement, lease of other agreement. (c) All Governmental Action required in connection with the execution, delivery and performance by Tenant of this Lease, has been or will have been obtained, given or made except for those either (x) not required on the Commencement Date or (y) typically not applied for prior to the time required (and Tenant has no reason to believe will not be timely obtained). (d) This Lease constitutes the legal, valid and binding obligation of Tenant, enforceable against it in accordance with its the terms thereof, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors', mortgagees' or Landlords' rights in general and conditionsby general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). (iie) Tenant has not retained any broker, finder or financial advisor in connection with this Lease. (f) Tenant will, on behalf of Landlord, forever warrant and defend Landlord's title to the Properties against any and all claims whatsoever. The execution and delivery foregoing warranty of this Lease and title shall survive the consummation foreclosure of the transactions herein contemplated will Mortgages and shall inure to the benefit of and be enforceable by Lender in the event Lender acquires title to the Properties. Under no circumstances shall any third party, including any title insurer, be a beneficiary of the representation and warranty made in this paragraph (f). (g) Tenant is not conflict with an "investment company" or constitute a breach company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. (h) Tenant has not offered any interest in the Properties or default under any bondthe Lease, debenture, note or any other evidence similar securities of indebtednessTenant to, loan agreement, lease or other contract solicited any offer to which Tenant is a party or by which it is bound or, to its knowledge, violate acquire any law, regulation or order of the United States same from, any Person, in violation of AmericaSection 5 of the Securities Act, nor has it authorized any Person to take any such action, and Tenant has not taken any action that would subject any interest in the Properties, or the State Lease to the registration requirements of Indiana Section 5 of the Securities Act. Nothing herein is intended to imply or any agency shall be construed to suggest that the interests in the Properties or political subdivision thereof or any court order or judgment in any proceeding to which Tenant is or was a party or by which it is boundthe Lease constitute securities. (iiii) The undersigned person executing this Lease on behalf Except as may be identified in the Environmental Reports, (I) Tenant has complied and is now complying in all material respects with all Environmental Laws and the requirements of Xxxxxx is a duly appointed representative any permits issued under such Environmental Laws with respect to each of Tenant the Properties, (II) there are no circumstances that may prevent or interfere in any material respect with Tenant's ability to operate and fully authorized to executed this Lease on behalf maintain each of Tenant. (iv) There is no action, suit, proceeding or investigation, at law or the Properties in equity, or by or before any United States court, arbitrator, administrative agency or other federal, state or local governmental authority, pending or, to the actual knowledge of Tenant, threatened against Tenant, wherein an unfavorable decision, ruling or finding would, or could reasonably be expected to, have a material adverse effect on the validity of this Lease.full compliance with applicable Environmental Laws;

Tenant Representations and Warranties. Tenant represents and warrants to Landlord that: (i) Tenant is a political subdivision, duly organized and existing under Indiana law. Tenant has all requisite power and authority to enter into and deliver this Lease and to comply with and fulfill the terms and conditions of this Lease. The execution and delivery of this Lease by Xxxxxx Tenant and the consummation of the transactions contemplated hereby have been duly authorized by all necessary action. This Lease constitutes the legal, valid and binding obligation of Tenant, enforceable in accordance with its terms and conditions. (ii) The execution and delivery of this Lease and the consummation of the transactions herein contemplated will not conflict with or constitute a breach or default under any bond, debenture, note or any other evidence of indebtedness, loan agreement, lease or other contract to which Tenant is a party or by which it is bound or, to its knowledge, violate any law, regulation or order of the United States of America, or the State of Indiana or any agency or political subdivision thereof or any court order or judgment in any proceeding to which Tenant is or was a party or by which it is bound. (iii) The undersigned person executing this Lease on behalf of Xxxxxx Tenant is a duly appointed representative of Tenant and fully authorized to executed this Lease on behalf of Tenant. (iv) There is no action, suit, proceeding or investigation, at law or in equity, or by or before any United States court, arbitrator, administrative agency or other federal, state or local governmental authority, pending or, to the actual knowledge of Tenant, threatened against Tenant, wherein an unfavorable decision, ruling or finding would, or could reasonably be expected to, have a material adverse effect on the validity of this Lease.