XXXXXX’S WARRANTIES. Each Party hereby warrants and undertakes to the other on a continuing basis to the intent that such warranties shall survive the completion of any transaction contemplated herein that, where acting as a Lender:
XXXXXX’S WARRANTIES. Lessor warrants that it has the right to lease the equipment to Lessee, that it will not sell, assign, lease or otherwise dispose of the same, and that it will do nothing to disturb Xxxxxx's full right of possession and enjoyment thereof and the exercise of all of Xxxxxx's rights with respect thereto as provided by this lease. Other than the foregoing, Lessor makes no warranties and expressly disclaims any warranties or strict liabilities in connection with this equipment.
XXXXXX’S WARRANTIES. The Lender represents and warrants to the Company that each of the statements set out in this clause 5.3 is true, complete, accurate and not misleading as of the date of this Agreement.
XXXXXX’S WARRANTIES. Each Party hereby warrants and undertakes to the other on a continuing basis to the intent that such war- ranties shall survive the completion of any transaction contemplated herein that, where acting as a Lender: it is duly authorised and empowered to perform its duties and obligations under this Agreement; it is not restricted under the terms of its constitution or in any other manner from lending Securities in accordance with this Agreement or from otherwise performing its obligations hereunder; it is absolutely entitled to pass full legal and beneficial ownership of all Securities provided by it here- under to Borrower free from all liens, charges and encumbrances; and it is acting as principal in respect of this Agreement or as agent and the conditions will be fulfilled in respect of any Loan which it makes as agent.
XXXXXX’S WARRANTIES. Broker represents, warrants and covenants to Lender, as of (i) the time any Loan package is submitted to Lender, and (ii) as of the time the Loan is funded and closed through the life of the Loan, that:
XXXXXX’S WARRANTIES. Lessee warrants that all installation and maintenance of Lessee’s antennas and related equipment shall be performed in compliance with established industry standards and good engineering practices. Lessee further warrants that operation of the equipment shall be in compliance with Federal, State and local laws and regulations.
XXXXXX’S WARRANTIES. Lessor warrants that all installation and maintenance of antennas, related equipment, and the tower itself shall be performed in compliance with established industry standards and good engineering practices. Lessor further warrants that no antennas will be permitted on the tower without first obtaining a tower loading analysis by a professional tower engineer.
XXXXXX’S WARRANTIES. DEBTOR CERTIFIES AND WARRANTS: (a) THE FINANCIAL AND OTHER INFORMATION WHICH DEBTOR HAS SUBMITTED, OR WILL SUBMIT, TO CREDITOR IN CONNECTION WITH THIS AGREEMENT IS, OR SHALL BE AT TIME OF SUBMISSION, TRUE AND COMPLETE; (b) THE DEBTOR’S EXACT LEGAL NAME, STATE OF INCORPORATION, LOCATION OF ITS CHIEF EXECUTIVE OFFICE AND/OR ITS PLACE OF RESIDENCE AS APPLICABLE, HAVE BEEN CORRECTLY IDENTIFIED TO CREDITOR; (c) THIS AGREEMENT HAS BEEN DULY AUTHORIZED BY DEBT OR AND UPON EXECUTION BY DEBTOR SHALL CNSTITUTE THE LEGAL, VALID AND BINDING OBLIGATION, CONTRACT AND AGREEMENT OF DEBTOR ENFORCEABLE AGAINST DEBTOR IN ACCORDANCE WITH ITS TERMS; AND (d) EACH SHOWING PROVIDED BY DEBTOR IN CONNECTION HEREWITH MAY BE FULLY RELIED UPON BY CREDITOR NOTWITHSTANDING ANY TECHNICAL DEFICIENCY IN ATTESTATION OR OTHERWISE. THE PERSON EXECUTING THIS AGREEMENT ON BEHALF OF THE DEBTOR WARRANTS THAT PERSON’S DUE AUTHORITY TO DO SO. DEBTOR FURTHER WARRANTS THAT EACH ITEM OF COLLATERAL SHALL AT THE TIME CREDITOR FUNDS THE TOTAL ADVANCE BE OWNED BY DEBTOR FREE AND CLEAR OF LIENS AND ENCUMBRANCES AND BE IN GOOD CONDITION AND WORKING ORDER. Initial
XXXXXX’S WARRANTIES. Lessee warrants to Lessor: (a) if Lessee is an entity, organization or similar non-natural person, Lessee is, and shall at all times during the Term of this Lease be, duly organized, validly existing and in good standing under the laws of Lessee’s state of formation or organization, (b) the execution of this Lease and the performance by Lessee of its obligations hereunder have been duly authorized, (c) this Lease constitutes the legal, valid and binding obligation of Lessee and is enforceable in accordance with its terms, and (d) the execution of this Lease and performance by Lessee hereunder will not violate any law or regulation binding upon Lessee or conflict with or result in a breach or default under any contract, instrument or agreement binding upon Lessee, its articles of incorporation or by-laws, as the case may be.
XXXXXX’S WARRANTIES. Lessee represents and warrants that (a) Lessee is duly organized under the laws of Indiana or otherwise authorized to do business in Indiana; (b) Lessee is authorized to enter into and perform under the Lease Contracts and doing so will not cause Lessee to be in violation of any other agreement; (c) the Lease Contracts will be enforceable against Lessee in accordance with their terms; (d) Lessee is not a party to, and is not aware of, any litigation that would have an adverse effect on the Lease Contracts or their enforceability against Lessee; (e) Lessee is in compliance with all laws and regulations that may have an effect on Lessee’s ability to fulfill the terms of the Lease Contracts; (f) Lessee’s financial statements are prepared in accordance with generally accepted accounting principles; (g) Lessee has obtained any necessary government approvals for renting the Equipment; (h) the Equipment will be used for business purposes only; and (i) the person executing this Agreement on behalf of Xxxxxx is duly authorized to execute this Agreement for and on behalf of Lessee. JURY WAIVER - Lessor and Xxxxxx hereby voluntarily, knowingly, irrevocably and unconditionally waive any right to have a jury participate in resolving any dispute (whether based upon contract, tort or otherwise) between or among them arising out of, or in any way related to, any of the Lease Contracts or any other document contemplated by this Agreement, or any relationship between Lessor and Lessee. This provision is a material inducement to Lessor and Lessee entering into this Agreement. BINDING EFFECT - This Agreement inures to the benefit of, and is binding upon, the heirs, legatees, personal representatives, trustees, affiliates, partners, agents, successors and assigns of the parties hereto. NO OFFSETS - Lessee hereby waives any and all existing and future claims and offsets against any rent or other payments due under Lease Contracts and agrees to pay the rent and other amounts thereunder regardless of any offset or claim which may be asserted by Lessee or on its behalf. WAIVER – No term, covenant, requirement, or condition of this Agreement may be waived except by the written consent of Xxxxxx. The waiver by Lessor of any term, covenant, requirement, or condition herein contained shall not be deemed to be a permanent or continuing waiver thereof of any subsequent breach of the same or any other term, covenant, requirement or condition of this Agreement. The subsequent acceptance b...
