Representations and Warranties by Lessee. Lessee warrants to Lessor that (1) the financial statements of Lessee heretofore furnished to Lessor are true and correct to the best of Lessee's knowledge, (2) there has been no significant adverse change in Lessee's financial condition since the date of the financial statements, (3) the financial statements fairly represent the financial condition of Lessee upon those dates and at the time of execution hereof, (4) there are no delinquent taxes due and unpaid by Lessee, and (5) Lessee and none of the officers or partners of Lessee (if Lessee is a corporation or partnership) have ever declared bankruptcy. Lessee warrants that Lessee has disclosed in writing to Lessor all lawsuits pending or threatened against Lessee, and Lessee has made no material misrepresentation or material omission of facts regarding Lessee's financial condition or business operations. All financial statements must be dated and signed by Lessee. Lessee acknowledges that Lessor has relied on the above information furnished by Lessee to Lessor and that Lessor would not have entered into this lease otherwise.
Representations and Warranties by Lessee. Lessee represents and warrants to Lessor that: (a) the Lease constitutes the Lessee's legal, valid and binding obligation and is enforceable against Lessee in accordance with its terms; (b) Lessee's entry into and performance under the Lease will not result in any breach, default or violation under Xxxxxx's charter documents (articles of incorporation and bylaws in the case of a corporation or partnership agreement in the case of a partnership or articles of organization and operating agreement in the case of a limited liability company) or any other agreement to which Lessee is a party or to which it or its property is subject; (c) there are no suits or proceedings pending or threatened before any court, government agency or arbitrator which, if determined adversely to Lessee, would have a material adverse effect on its financial condition or ability to perform its obligations under the Lease; (d) that any financial statements or other information which Lessee has fumished Lessor concerning the business or condition of Lessee was true, correct and complete at the time furnished or as of the date of such financial statements; (e) the Equipment shall remain personal property; with respect to any Equipment that is the subject of any sale and leaseback transaction pursuant hereto, Lessee has good title to, rights in, and/or power to transfer all of the same. The Equipment is removable from and is not essential to the premises upon which it is located regardless of its attachment to realty, and Xxxxxx agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty with respect to all of the Equipment leased hereto.
Representations and Warranties by Lessee. Lessee hereby represents and warrants to Lessor:
Representations and Warranties by Lessee. The Lessee makes the following representations and warranties:
Representations and Warranties by Lessee. Lessee represents and warrants to Lessor that: (i) Lessee has not previously assigned, sublet, encumbered or otherwise transferred the Lease or Lessee's interest therein, (ii) this Eighth Amendment constitutes a valid and legally binding obligation of Lessee and is enforceable in accordance with its terms, and (iii) Lessee has the requisite power and authority to execute and deliver this Eighth Amendment, and the consent or joinder of no other person or entity is required in connection therewith.
Representations and Warranties by Lessee. Lessee represents and warrants to Lessor that (i) the making of this Lease and any Lease Schedule executed by Lessee is duly authorized on the part of Lessee and that upon due execution thereof by Lessee and Lessor they shall constitute valid obligations binding upon, and enforceable against, Lessee in accordance with their terms; (ii) neither the making of this Lease or such Lease Schedule, nor the due performance by Lessee, including the commitment and payment of the Rent, shall result in any breach of, or constitute a default under, or violation of, Lessee's organizing documents, articles of incorporation, by-laws, or indentures, notes or any material agreement to which Lessee is a party or by which Lessee is bound; (iii) no material approval or consent not already obtained or withholding of objection is required from any governmental authority with respect to the entering into, or performance of this Lease or any Lease Schedule by Lessee; (iv) Lessee has obtained all material licenses and permits required under applicable laws or regulations (the "Gaming Laws") for the operation of its business.
Representations and Warranties by Lessee. Lessee warrants to Lessor that (1) any financial statements of Lessee heretofore furnished to Lessor are true and correct to the best of Lessee's knowledge, (2) there has been no significant adverse change in Lessee's financial condition since the date of any financial statements provided to Lessor, (3) any financial statements presented to Lessor fairly represent the financial condition of Lessee upon those dates and at the time of execution hereof, and (4) there are no delinquent taxes due and unpaid by Lessee. Lessee warrants that Lessee has disclosed in writing to Lessor all lawsuits pending or threatened against Lessee, and Lessee has made no material misrepresentation or material omission of facts regarding Lessee's financial condition or business operations. Any financial statements submitted to Lessor must be dated and signed by Lessee. Lessee acknowledges that if financial statements are submitted, Lessor has relied on the above information furnished by Lessee to Lessor and that Lessor would not have entered into this Lease otherwise. Financial statements referred to in subparagraph (1) above are attached as Exhibit D. The parties agree to keep the information in Exhibit D confidential except as reasonably required for legitimate business purposes. (Lessor's banker, attorney, partners, etc.)
Representations and Warranties by Lessee. Lessee warrants to Lessor that financial statements on file and publicly available as to Lessee are true and correct and may be relied upon by Lessor.
Representations and Warranties by Lessee. Lessee represents and warrants that, (a) He/she will fully read this agreement and have been instructed and fully understand the safe operation of the Unit. Lessee shall observe all safety precautions contained herewith, including but not limited to constant supervision of participants. (b) He/she shall keep the Unit in the same condition as when received. (c) He/she accepts responsibility for any damages to the Unit that occur from usage.
Representations and Warranties by Lessee. Lessee represents and warrants to Landlord as follows:
