PERFORMANCE AND EXECUTION Sample Clauses

PERFORMANCE AND EXECUTION. Lessee represents and warrants to FMA that (i) the execution and performance of this Agreement and each Schedule has been duly authorized by Lessee and that, upon execution by Lessee and FMA of this Agreement and each Schedule, such Schedule will constitute a valid obligation binding upon, and enforceable against, Lessee in accordance with its terms, (ii) neither the execution of this Agreement or any Schedule nor the due performance thereof by Lessee will result in a breach of, or constitute a default under or violation of Lessee's certificate or articles of incorporation and by-laws (or other organizational documents) or any agreement to which Lessee is a party or by which any interest of Lessee may be affected, (iii) Lessee is duly organized and in good standing under the laws of its jurisdiction of organization and is and will continue to be duly qualified to do business and in good standing in any jurisdiction where any item of Equipment is to be located, (iv) the person executing this Agreement on behalf of Lessee has been and each person executing a Schedule, upon execution of such Schedule, will be duly authorized to do so, and (v) any and all financial statements and other information with respect to Lessee furnished by Lessee to FMA will be, when furnished, and will remain at the time of execution of any Schedule, true and correct without any misleading omissions, excepting any changes which have been disclosed in a written notice to FMA.