Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof as follows:
Representations and Covenants of Lessee. Lessee represents, warrants and covenants for the benefit of Xxxxxx as follows:
Representations and Covenants of Lessee. Lessee represents, warrants and covenants for the benefit of Lessor as follows:
Representations and Covenants of Lessee. The Lessee makes the following representations and covenants as the basis for the undertakings on its part herein contained:
Representations and Covenants of Lessee. Lessee represents and covenants to Lessor that:
Representations and Covenants of Lessee. Lessee hereby makes the following representations, warranties and covenants to Lessor, each of which is material and is being relied upon by Lessor, and each of which shall be true as of the date hereof and shall continue to be true throughout the term of this Agreement.
Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority under the constitution and laws of the state where the Lessee is located (“State”) to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of its obligations hereunder and under each Lease; (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called and held in accordance with State law, or by other appropriate official approval, and all requirements have been met and procedures have occurred to ensure the validity and enforceability of this Agreement and each Lease; (c) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic; (d) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease; (e) during the Lease Term, the Equipment will be used by Lessee solely and exclusively for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee’s authority; (f) Lessee will annually provide Lessor with current financial statements, budgets, proof of appropriation for the ensuing Fiscal Period, and such other financial information relating to the ability of Lessee to continue each Lease as may be requested by Lessor; and (g) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule.
Representations and Covenants of Lessee. Lessee represents, warrants and agrees that: (a) Lessee will use the Aircraft for his own account, including the carriage of his guests, and will not use the Aircraft for the purpose of providing transportation of passengers or cargo in air commerce for compensation or hire; (b) Lessee shall not permit any lien, security interest or other charge or encumbrance to attach against the Aircraft as a result of Lessee’s action or inaction nor shall Lessee convey, mortgage, assign, lease or any way alienate, or otherwise dispose of, the Aircraft or create any kind of lien or security interest involving the Aircraft, or do anything or take any action that might mature into such a lien; (c) during the term of this Agreement, Lessee will abide by and conform to all such laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee and (d) the rights of Lessee and of any party claiming through Lessee with respect to the Aircraft shall be subject and subordinate in all respects to the rights, title and interests in the Aircraft of the Aircraft Lessor (as defined below), including all of the Aircraft Lessor’s rights and remedies under the Aircraft Lease (as defined below) and the other Lease Documents (as such term is defined in the Aircraft Lease).
Representations and Covenants of Lessee. Section 2.01. Representations and Covenants of Lessee 2 Section 2.02. Certification as to Arbitrage 4 ARTICLE III
Representations and Covenants of Lessee. You represent that all financial and other information furnished to us was, at the time of delivery, true and correct. During the term of the Lease, you shall provide us with such interim or annual financial statements as we request. ADDENDUM TO LEASE AGREEMENT NO. _________ BETWEEN MIDDLE STATES CAPITAL CORPORATION AS LESSOR, AND YOU TOOLS CORPORATION, LESSEE, DATED 7/28/97 Lessee shall have the option to purchase all (but not less than all) of the equipment described in the Lease upon the expiration of the initial lease term for its fair market -value plus applicable sales tax (and any other tax applicable to such sale) provided that Lessee has performed all terms and conditions of said Lease at the time. The option contained herein replaces and supersedes all prior purchase options respecting the equipment subject to the Lease. To exercise this option, Lessee must give Lessor notice of such exercise at lease sixty (60) days prior to the end of the lease term. Such notice shall be irrevocable. If the Lessee and Lessor do not agree on such fair market value within thirty (30) days of the end of the lease term, Lessor may engage an independent appraiser to determine such fair market value. The appraiser shall assume that the equipment was maintained as required by the Lease and the appraisers determination shall be conclusive. Lessee will reimburse Lessor for the appraisers fees. Upon receipt by the Lessor of the full purchase price, Lessor will furnish to Lessee a xxxx of sale warranting title to the equipment excepting any impairment thereof by reason of any acts by the Lessee or those making claim against the Lessee. The xxxx of sale will provide that the purchase shall be "AS IS, WHERE IS, WITHOUT FURTHER WARRANTEES, EXPRESS OR IMPLIED." Lessor: Lessee: MIDDLE STATES CAPITAL CORP. YOU TOOLS CORPORATION By: By /s/ Xxxxx Xxx Xxxxx ---------------------------- ------------------------------ XXXXX X.XXXXX XXXXX XXX XXXXX Title: PRESIDENT Title: CEO ---------------------------- ------------------------------ Date: Date: 7/28/97 ---------------------------- ------------------------------ EQUIPMENT SCHEDULE "A" LEASE # 7221271 This Equipment Schedule "A" is to be attached to and become a part of that Schedule of Leased Equipment dated 7/28/97 , 19___________- by and between the undersigned and MIDDLE STATES CAPITAL CORPORATION, RT 202 & HILLSIDE AVENUE, BEDMINSTER, NJ 107921 (Lessor) QTY DESCRIPTION MODEL NO. SERIAL NO. VENDOR: CORPORATE NETWORKING INC. 610-5...
