Common use of Reciprocal Representations and Warranties Clause in Contracts

Reciprocal Representations and Warranties. Lessee hereby makes to Lessor as representations and warranties of Lessee the statements set forth in Paragraphs 1 through 6 set forth below in this Article 29, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related Rider, and (ii) are made only to the actual knowledge of Lessee without further inquiry. Lessor hereby makes to Lessee as representations and warranties of Lessor the statements set forth in Paragraphs 1 through 6 set forth below in this Article 29, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related Rider, and (ii) are made only to the actual knowledge of Lessor without further inquiry. As used in such Paragraphs 1 through 6, “it” refers to the entity making the statement in question. 1. It is a corporation, limited liability company or limited partnership duly incorporated or organized, validly existing, and in good standing under the laws of its state of incorporation or organization as identified in the preamble of this Agreement and is either duly qualified to do business and is in good standing in such other jurisdictions in which the business and activities of Lessee, or Lessor as the case may be, require such qualification or its failure to so qualify in such other jurisdiction will not have a material adverse impact on this Agreement. 2. It has full power to enter into this Agreement and any related Rider. 3. This Agreement and any related Rider has been duly authorized, executed and delivered by it and constitutes a valid, legal and binding agreement, enforceable in accordance with the terms and conditions set forth in this Agreement and any related Rider, subject to bankruptcy and other creditor’s rights laws and the principles of equity. 4. It is not required to obtain any approval from any governmental or public body or authority with respect to the entering into and performance by it of this Agreement and any related Rider, except for any approvals that may be required in connection with the actual operation of the cars. 5. The entering into and performance by it of this Agreement and any related Rider will not conflict with, or result in a breach of, the terms, conditions or provision of any law or any regulations, order, injunction, permit, franchise or decree of any court or governmental instrumentality by which it is bound or to which it is subject. 6. The entering into and performance by it of this Agreement and any related Rider will not conflict with, or result in a breach of, the terms, conditions or provisions of any indenture, agreement or other instrument to which it is a party or by which it or any of its property is bound.

Appears in 2 contracts

Sources: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

Reciprocal Representations and Warranties. Lessee hereby makes to Lessor as representations and warranties of Lessee the statements set forth in Paragraphs 1 through 6 set forth below in this Article 29, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related Rider, and (ii) are made only to the actual knowledge of Lessee without further inquiry. Lessor hereby makes to Lessee as representations and warranties of Lessor the statements set forth in Paragraphs 1 through 6 set forth below in this Article 29, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related Rider, and (ii) are made only to the actual knowledge of Lessor without further inquiry. As used in such Paragraphs 1 I through 6, “it” refers to the entity making the statement in question. 1. It is a corporation, limited liability company or limited partnership duly incorporated or organized, validly existing, and in good standing under the laws of its state of incorporation or organization as identified in the preamble of this Agreement and is either duly qualified to do business and is in good standing in such other jurisdictions in which the business and activities of Lessee, or Lessor as the case may be, require such qualification or its failure to so qualify in such other jurisdiction will not have a material adverse impact on this Agreement. 2. It has full power to enter into this Agreement and any related Rider. 3. This Agreement and any related Rider has been duly authorized, executed and delivered by it and constitutes a valid, legal and binding agreement, enforceable in accordance with the terms and conditions set forth in this Agreement and any related Rider, subject to bankruptcy and other creditor’s rights laws and the principles of equity. 4. It is not required to obtain any approval from any governmental or public body or authority with respect to the entering into and performance by it of this Agreement and any related Rider, except for any approvals that may be required in connection with the actual operation of the cars. 5. The entering into and performance by it of this Agreement and any related Rider will not conflict with, or result in a breach of, the terms, conditions or provision of any law or any regulations, order, injunction, permit, franchise or decree of any court or governmental instrumentality by which it is bound or to which it is subject. 6. The entering into and performance by it of this Agreement and any related Rider will not conflict with, or result in a breach of, the terms, conditions or provisions of any indenture, agreement or other instrument to which it is a party or by which it or any of its property is bound.

Appears in 2 contracts

Sources: Railroad Car Lease Agreement, Railroad Car Lease Agreement (Highwater Ethanol LLC)

Reciprocal Representations and Warranties. Lessee hereby makes to Lessor as representations and warranties of Lessee the statements set forth in Paragraphs 1 through 6 set forth below in this Article 2931, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related RiderLease, and (ii) are made only to the actual knowledge of Lessee without further inquiry. Lessor hereby makes to Lessee as representations and warranties of Lessor the statements set forth in Paragraphs 1 through 6 set forth below in this Article 2931, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related RiderLease, and (ii) are made only to the actual knowledge of Lessor without further inquiry. As used in such Paragraphs 1 through 6, “it” refers to the entity making the statement in question. 1. It is a corporation, limited liability company or limited partnership corporation duly incorporated or organizedincorporated, validly existing, and in good standing under the laws of its state of incorporation or organization as identified in the preamble of this Agreement Lease and is either duly qualified to do business and is in good standing in such other jurisdictions in which the business and activities of Lessee, or Lessor as the case may be, require such qualification or its failure to so qualify in such other jurisdiction will not have a material adverse impact on this AgreementLease. 2. It has full corporate power to enter into this Agreement and any related RiderLease. 3. This Agreement and any related Rider The Lease has been duly authorized, executed and delivered by it and constitutes a valid, legal and binding agreement, enforceable in accordance with the terms and conditions set forth in this Agreement and any related Riderthe Lease, subject to bankruptcy and other creditor’s rights laws and the principles of equity. 4. It is not required to obtain any approval from any governmental or public body or authority with respect to the entering into and or performance by it of this Agreement and any related RiderLease, except for any approvals that may be required in connection with the actual operation of the cars. 5. The entering into and performance by it of this Agreement and any related Rider Lease will not conflict with, or result in a breach of, the terms, conditions or provision of any law or any regulations, order, injunction, permit, franchise or decree of any court or governmental instrumentality by which it is bound or to which it is subject. 6. The entering into and performance by it of this Agreement and any related Rider Lease will not conflict with, or result in a breach of, the terms, conditions or provisions of any indenture, agreement or other instrument to which it is a party or by which it or any of its property is bound.

Appears in 2 contracts

Sources: Railroad Car Lease Agreement (US BioEnergy CORP), Railroad Car Lease Agreement (US BioEnergy CORP)

Reciprocal Representations and Warranties. Lessee hereby makes to Lessor as representations and warranties of Lessee the statements set forth in Paragraphs 1 through 6 set forth below in this Article 2931, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related RiderLease, and (ii) are made only to the actual knowledge of Lessee without further inquiry. Lessor hereby makes to Lessee as representations and warranties of Lessor the statements set forth in Paragraphs 1 through 6 set forth below in this Article 2931, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related RiderLease, and (ii) are made only to the actual knowledge of Lessor without further inquiry. As used in such Paragraphs 1 through 6, “it” refers to the entity making the statement in question. 1. It is a corporation, corporation or limited liability company or limited partnership duly incorporated or organized, validly existing, and in good standing under the laws of its state of incorporation or organization as identified in the preamble of this Agreement Lease and is either duly qualified to do business and is in good standing in such other jurisdictions in which the business and activities of Lessee, or Lessor as the case may be, require such qualification or its failure to so qualify in such other jurisdiction will not have a material adverse impact on this AgreementLease. 2. It has full corporate power to enter into this Agreement and any related RiderLease. 3. This Agreement and any related Rider The Lease has been duly authorized, executed and delivered by it and constitutes a valid, legal and binding agreement, enforceable in accordance with the terms and conditions set forth in this Agreement and any related Riderthe Lease, subject to bankruptcy and other creditor’s rights laws and the principles of equity. 4. It is not required to obtain any approval from any governmental or public body or authority with respect to the entering into and or performance by it of this Agreement and any related RiderLease, except for any approvals that may be required in connection with the actual operation of the cars. 5. The entering into and performance by it of this Agreement and any related Rider Lease will not conflict with, or result in a breach of, the terms, conditions or provision of any law or any regulations, order, injunction, permit, franchise or decree of any court or governmental instrumentality by which it is bound or to which it is subject. 6. The entering into and performance by it of this Agreement and any related Rider Lease will not conflict with, or result in a breach of, the terms, conditions or provisions of any indenture, agreement or other instrument to which it is a party or by which it or any of its property is bound.

Appears in 1 contract

Sources: Railroad Car Lease Agreement (Otter Tail Ag Enterprises, LLC)

Reciprocal Representations and Warranties. Lessee hereby makes to Lessor as representations and warranties of Lessee the statements set forth in Paragraphs 1 through 6 set forth below in this Article 2931, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related RiderLease, and (ii) are made only to the actual knowledge of Lessee without further inquiry. Lessor hereby makes to Lessee as representations and warranties of Lessor the statements set forth in Paragraphs 1 through 6 set forth below in this Article 2931, which representations and warranties are (i) made as of the date of this Agreement and as of the date of any related RiderLease, and (ii) are made only to the actual knowledge of Lessor without further inquiry. As used in such Paragraphs 1 through 6, “it” refers to the entity making the statement in question. 1. It is a corporation, limited liability company or limited partnership corporation duly incorporated organized or organizedincorporated, validly existing, and in good standing under the laws of its state of organization or incorporation or organization as identified in the preamble of this Agreement Lease and is either duly qualified to do business and is in good standing in such other jurisdictions in which the business and activities of Lessee, or Lessor as the case may be, require such qualification or its failure to so qualify in such other jurisdiction will not have a material adverse impact on this AgreementLease. 2. It has full power to enter into this Agreement and any related RiderLease. 3. This Agreement and any related Rider The Lease has been duly authorized, executed and delivered by it and constitutes a valid, legal and binding agreement, enforceable in accordance with the terms and conditions set forth in this Agreement and any related Riderthe Lease, subject to bankruptcy and other creditor’s rights laws and the principles of equity. 4. It is not required to obtain any approval from any governmental or public body or authority with respect to the entering into and or performance by it of this Agreement and any related RiderLease, except for any approvals that may be required in connection with the actual operation of the cars. 5. The entering into and performance by it of this Agreement and any related Rider Lease will not conflict with, or result in a breach of, the terms, conditions or provision of any law or any regulations, order, injunction, permit, franchise or decree of any court or governmental instrumentality by which it is bound or to which it is subject. 6. The entering into and performance by it of this Agreement and any related Rider Lease will not conflict with, or result in a breach of, the terms, conditions or provisions of any indenture, agreement or other instrument to which it is a party or by which it or any of its property is bound.

Appears in 1 contract

Sources: Railroad Car Lease Agreement (First United Ethanol LLC)