LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor that as of the date of this Master Agreement and for so long as this Master Agreement shall remain in effect: (a) ALL EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES; (b) Lessee is duly organized, validly existing and in good standing under applicable law; (c) Lessee has the power and authority to enter into each of the Fundamental Agreements; (d) all Fundamental Agreements arc enforceable against Lessee in accordance with their terms and do not violate or create a default under any instrument or agreement binding on Lessee; (e) as of the date of its execution of this Master Agreement and as of the Acceptance Date of any Equipment or Financed Items, there are no pending or threatened actions or proceedings before any court or administrative agency that could reasonably be expected to have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions are disclosed to Lessor and consented to in writing by Lessor; (f) Lessee shall comply with the requirements of all applicable laws and regulations the violation of which could have an adverse effect upon the Equipment, Lessor’s rights and remedies under any Fundamental Agreement or Lessee’s performance of its obligations under any Fundamental Agreement; (g) each Fundamental Agreement shall be effective against all creditors of Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; (h) all financial statements and other related information furnished by Lessee shall be prepared in accordance with generally accepted accounting principles and shall fairly present Lessee’s financial position as of the dates given on such statements; (i) Lessee’s name set forth in the signature block below is Lessee’s full and accurate legal name’ (j) Lessee is a Corporation organized under the laws of ; (k) Lessee’s “location” (within the meaning of UCC Section 9-307) is Pleasanton, CA (l) Lessee’s organizational number assigned to it by its jurisdiction of organization is ; (m) Lessee’s federal tax identification number is ; (n) Lessee and all Lessee Affiliates do not export, re-export, or transfer any Equipment, Software, System Software or source code or any direct product thereof to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States and other applic...
LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor that: (a) Lessee is duly organized, validly existing and in good standing under applicable law; (b) Lessee has the power and authority to enter into this Agreement, all Schedules and all other related instruments or documents hereunder (collectively, the “Fundamental Agreements”); (c) such Fundamental Agreements are enforceable against Lessee in accordance with their terms and do not violate or create a default under any instrument or agreement binding on Lessee; (d) there are no pending or threatened actions or proceedings before any court or administrative agency that would have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions are disclosed to Lessor and consented to in writing by Lessor; (e) Lessee shall comply in all material respects with all Federal, state and municipal laws and regulations the violation of which could have a material adverse effect upon the Equipment and Facilities or Lessee’s performance of its obligations under any Fundamental Agreement; (f) Lessee shall obtain all governmental approvals necessary for it to enter into and perform each Fundamental Agreement; (g) each Fundamental Agreement shall be effective against all creditors of Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; (h) financial statements and other related information furnished by Lessee shall be prepared in accordance with generally accepted accounting principles and shall present Lessee’s financial position as of the dates given on such statements; (i) Lessee shall furnish Lessor with its certified financial statements, opinions of counsel, resolutions, and such other information and documents as Lessor may reasonably request; (j) all Equipment and Facilities is leased for business purposes only, and not for personal, family or household purposes; and (k) all Equipment and Facilities is tangible personal property and shall not become a fixture or real property under Lessee’s use thereof. Lessee shall be deemed to have reaffirmed the foregoing warranties each time it executes any Fundamental Agreement.
LESSEE WARRANTIES. The Lessee warrants that:
LESSEE WARRANTIES. Lessee represents and warrants, each time it executes a Schedule or Acceptance Certificate, that: (a) Lessee is duly organized and in good standing under applicable law in the jurisdictions of its organization and domicile and in which Equipment may be located with full power and authority to enter into this Lease; (b) this Lease is enforceable against Lessee in accordance with its terms, subject to laws of general application affecting creditors’ rights generally, and does not breach or create a default under any instrument or agreement binding on Lessee; (c) no proceedings exist before any court or administrative agency that would have a material adverse effect on Lessee, this Lease, or the Equipment, nor has Lessee been threatened, in writing, with any such proceedings; (d) the financial statements and other financial information made available by Lessee have been prepared in accordance with generally accepted accounting principles and accurately present Lessee’s financial position as of the dates given; and (e) Lessee’s chief executive office is located at its address specified in this Lease.
LESSEE WARRANTIES. Lessee acknowledges that during the Term it might contract with Manufacturers, maintenance and overhaul agencies, subcontractors, suppliers and vendors (each an “MRO”) to maintain, provide and service the Airframe, Engines and Parts. At Return, Xxxxxx will irrevocably assign to Lessor all of Xxxxxx’s rights regarding the Aircraft under any warranty (express or implied), service policy, maintenance or product agreement provided by any MRO to the extent that such rights are assignable. Lessee will provide such assistance to Lessor in making a claim under any such warranties or customer and/or product support as Lessor may reasonably request. After Return, Xxxxxx will promptly enforce on Xxxxxx’s behalf all such rights that are not assignable.
LESSEE WARRANTIES. Lessee warrants that:
LESSEE WARRANTIES. 11.1. Lessee represents, warrants and covenants to Lessor that: 11.2. Lessee is duly organized, validly existing and in good standing under the laws of the Jurisdiction in which activities of Lessee require such qualification. 11.3. Lessee and/or the party that has executed this Lease, Schedules and Acknowledgment and Acceptance of Equipment has the power and authority to enter into this Lease and each Schedule. 11.4. This Lease is enforceable against Lessee in accordance with its terms and conditions and does not create a default under any instrument or agreement binding on Lessee or its properties. 11.5. There are no pending or threatened actions before any court or administrative agency that could have a material adverse effect on the Lessee or this Lease. 11.6. The financial and other information provided to Lessor was and will be true and correct as of the date made. 11.7. Lessee agrees to deliver to Lessor, at Lessor's request, annual financial statements, which shall be prepared in accordance with generally accepted accounting principles, and quarterly unaudited management-prepared financial statements.
LESSEE WARRANTIES. The Lessee warrants the following:
LESSEE WARRANTIES. Lessee represents and warrants, each time it executes a Schedule or Acceptance Certificate, that:
LESSEE WARRANTIES. 7.1 Lessee warrants that the Equipment has been selected by Lessee for the purpose of being leased to Lessee hereunder and acknowledges that Lessor does not possess any particular skill or knowledge to advise on the condition, operation or fitness for any particular purpose of the Equipment and further warrants that it does not enter into this Agreement in reliance on any representation made in respect of such matters by or on behalf of the Lessor, the Supplier or any other person by or through whom this Agreement may have been negotiated.
