Representation of Lessee Sample Clauses

Representation of Lessee. Lessor and Lessee agree that this Schedule constitutes a "finance lease" under the Uniform Commercial Code - Article 2A, in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such Property under this Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Property.
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Representation of Lessee. Lessee represents that the rate of interest payable in respect of the Series 4 Notes as determined pursuant to Supplemental Indenture No. 4, dated as of June 1, 2006, to the Indenture, including the use of Applicable Base Rate Margin and Applicable Libor Margin that increase over time (i) represents an arm’s length rate, (ii) is consistent with market practice for long-term floating rate financings, and (iii) was determined without reference to federal income tax considerations to any person.
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Representation of Lessee. Lessor and Lessee agree that this Schedule is a “Finance Lease” as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor’s purchase of the/Property. LESSOR: LESSEE: ONSET FINANCIAL, INC. GREAT BASIN SCIENTIFIC, INC. BY: /s/ ▇▇▇▇▇ ▇▇▇▇▇ BY: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ TITLE: Sr. Vice President TITLE: President Great Basin Scientific, Inc. Master Lease No. OFI0545174 Lease Schedule No. 001 Located at: ▇▇▇▇ ▇. ▇▇▇▇ ▇., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ $ 2,500,000.00 $ 2,500,000.00 Great Basin Scientific, Inc. 125 MOLECULAR DIAGNOSTIC ANALYZERS AT GREAT BASIN CUSTOMER/ HOSPITAL SITES USED TO DIAGNOSE INFECTIOUS DISEASE USING GREAT BASIN’S PROPRIETARY PORTRAIT DIAGNOSTIC CARTIRDGES ITEM # PA500 5.47, 5.103, 5.50, 5.171, 5.250, 5.141, 5.157, 5.152, 5.109, 5.74, 5.172, 5.173, 5.124, 5.132, 5.159, 5.201, 5.202, 5.198, 5.49, 5.55, 5.150, 5.197, 5.179, 5.148, 5.183, 5.195, 5.199, 5.46, 5.122, 5.155, 5.156, 5.106, 5.27, 5.57, 5.59, 5.104, 5.190, 5.180, 5.185, 5.181, 5.233, 5.214, 5.189, 5.131, 5.164, 5.166, 5.161, 5.62, 5.100, 5.80, 5.82, 5.211, 5.188, 5.85, 5.72, 5.192, 5.193, 5.196, 5.227, 5.240, 5.229, 5.177, 5.178, 5.200, 5.182, 5.56, 5.113, 5.151, 5.168, 5.217, 5.230, 5.234, 5.248, 5.107, 5.108, 5.236, 5.194, 5.83, 5.213, 5.175, 5.209, 5.125, 5.145, 5.73, 5.60, 5.226, 5.239, 5.210, 5.216, 5.99, 5.121, 5.77, 5.129, 5.37, 5.78, 5.116, 5.165, 5.246, 5.249, 5.112, 5.208, 5.15, 5.65, 5.102, 5.127, 5.105, 5.123, 5.22, 5.39, 5.18, 5.44, 5.117, 5.101, 5.66, 5.25, 5.87, 5.242, 5.142, 5.143, 5.144, 5.139, 5.222, 5.237, 5.110, 5.254 HC $20,000.00 $2,500,000.00 $2,500,000.00 0 $ 3,450,000 138.00% 19 $ 2,181,256 87.25% 1 $ 3,397,195 135.89% 20 $ 2,109,441 84.38% 2 $ 3,329,500 133.18% 21 $ 2,047,079 81.88% 3 $ 3,261,676 130.47% 22 $ 1,974,269 78.97% 4 $ 3,193,725 127.75% 23 $ 1,901,412 76.06% 5 $ 3,125,644 125.03% 24 $ 1,828,508 73.14% 6 $ 3,082,563 123.30% 25 $ 1,755,558 70.22% 7 $ 3,012,987 120.52% 26 $ 1,682,560 67.30% 8 $ 2,943,309 117.73% 27 $ 1,609,516 64.38% 9 $ 2,873,528 114.94% 28 $ 1,536,425 61.46% 10 $ 2,803,645 112.15% 29 $ 1,466,910 58.68% 11 $ 2,733,657 109.35% 30 $ 1,393,116 55.72% 12 $ 2,663,567 106.54% 31 $ 1,319,305 52.77% 13 $ 2,593,373 103.73% 32 $ 1,245,478 49.82% 14 $ 2,539,191 101.57% 33 $ 1,171,633 46.87% 15 ...
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Representation of Lessee. Lessor and Lessee agree that this Equipment Schedule constitutes a "true lease" under the Utah Uniform Commercial Code - Leases, in that (a) Lessee has selected the Equipment in its sole discretion, (b) Lessor had acquired the Equipment solely for purposes of leasing such Equipment under this Equipment Schedule, and/or (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Equipment.
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Representation of Lessee. Lessor and Lessee agree that this Schedule is a "Finance Lease" as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor's purchase of the Property. LESSOR: LESSEE: PARADIGM COMMERCIAL CAPITAL GROUP CORP ▇▇▇▇▇▇ INTERNATIONAL LTD. BY: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ BY: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ TITLE: Operations Manager TITLE: President and Chief Executive Officer
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Representation of Lessee. Lessor and Lessee agree that this Equipment Schedule constitutes a "finance lease" under the Utah Uniform Commercial Code - Leases, in that (a) Lessee has selected the Equipment in its sole discretion, (b) Lessor has acquired the Equipment solely for purposes of leasing such Equipment under this Equipment Schedule, or (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Equipment. LESSOR: LESSEE: MATRIX FUNDING CORPORATION VODAVI COMMUNICATIONS SYSTEMS, INC. BY: _________________________________ BY: ________________________________ TITLE: ______________________________ TITLE: _____________________________ ACCEPTANCE CERTIFICATE TO EQUIPMENT SCHEDULE NO. 2 TO Master Lease Agreement No. RO551 dated May 13, 1996, (the "Lease") between MATRIX FUNDING CORPORATION, (the "Lessor"), and VODAVI COMMUNICATIONS SYSTEMS, INC., (the "Lessee"). 1. Condition of the Equipment: The Lessee certifies that all items of Equipment described in Paragraph 4 have been delivered to the location indicated in Paragraph 2, and are hereby accepted as items of Equipment under the Lease, all on the date indicated in Paragraph 3.
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Representation of Lessee. Lessor and Lessee agree that this Lease Schedule constitutes a “finance lease” under the Uniform Commercial Code – Article 2A, in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such Property under this Lease Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor’s purchase of the Property. This Amended and Restated Lease Schedule No. 1 incorporates by reference the terms and conditions of Master Lease Agreement No. TFG/SC 121405 dated December 14, 2005 (the “Master Lease”), Exhibit A (the “Equipment Description”) and Exhibit B (the “Casualty Loss Schedule”), and constitutes a separate “Lease” between Lessor and Lessee. All capitalized terms used herein but not defined herein shall have the same meanings ascribed to them in the Master Lease. This Amended and Restated Lease Schedule No. 1 supercedes and replaces Lease Schedule No. 1 dated as of the 14th day of December, 2005.
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Representation of Lessee. Lessor and Lessee agree that this Schedule constitutes a “finance lease” under the Uniform Commercial Code - Article 2A, in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such property under this Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor’s purchase of the Property. LESSOR: LESSEE: MATRIX FUNDING CORPORATION SOUTHWALL TECHNOLOGIES, INC. BY: BY: TITLE: TITLE: The Casualty Loss Value for each item of Property shall be determined by multiplying the original cost of such item to Lessor by the stipulated loss percentage indicated below which corresponds to the month of the Lease after commencement in which the last Monthly Rental payment was made. The dollar amount shown below represents the Casualty Loss Value which would apply if all of the Property were lost or destroyed. LESSOR: LESSEE: MATRIX FUNDING CORPORATION SOUTHWALL TECHNOLOGIES, INC. BY: BY: TITLE: Assistant Vice Present TITLE: THIS SECURITY AGREEMENT is made this 14th day of October, 1999, between Southwall Technologies, Inc., having its principal place of business at 1▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (“Debtor”) and Matrix Funding Corporation, having its principal place of business at 5▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (“Secured Party”).
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Related to Representation of Lessee

  • Representations and Warranties of Lessor Lessor represents and warrants for the benefit of DIR and each Lessee: (a) Lessor is an entity authorized and validly existing under the laws of its state of organization, is authorized to do business in Texas, and is not in default as to taxes owed to the State of Texas and any of its political subdivisions; (b) The MOLA and each Schedule executed in conjunction to this MOLA have been duly authorized, executed and delivered by Lessor and constitute valid, legal and binding agreements of Lessor, enforceable with respect to the obligations of Lessor herein in accordance with their terms; (c) No approval, consent or withholding of objection is required from any federal or other governmental authority or instrumentality with respect to the entering into or performance by Lessor of this MOLA or any Schedule; (d) The entering into and performance of the MOLA or any Schedule will not violate any judgment, order, law or regulation applicable to Lessor or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon the assets of Lessor, including the Hardware or Software leased under the MOLA and Schedules thereto, pursuant to any instrument to which Lessor is a party or by which it or its assets may be bound; (e) To the best of Lessor’s knowledge and belief, there are no suits or proceedings pending or threatened against or affecting Lessor, which if determined adversely to Lessor will have a material adverse effect on the ability of Lessor to fulfill its obligations under the MOLA or any Schedule; (f) Lessor acknowledges that DIR and any Lessee that is a state agency, as government agencies, are subject to the Texas Public Information Act, and that DIR and Lessees that are state agencies will comply with such Act, including all opinions of the Texas Attorney General's Office concerning this Act.

  • Representations and Warranties of Lessee As of the Effective Date hereof, each Lessee represents and warrants to the Lessor as follows: (a) Lessee is duly organized and validly existing under the laws of its state of organization/formation, is qualified to do business and in good standing in the State and has full power, authority and legal right to execute and deliver this Amendment and to perform and observe the provisions of this Amendment to be observed and/or performed by Lessee. (b) This Amendment has been duly authorized, executed and delivered by Lessee, and constitutes and will constitute the valid and binding obligations of Lessee enforceable against Lessee in accordance with its terms, except as such enforceability may be limited by creditors rights, laws and general principles of equity. (c) Lessee is solvent, has timely and accurately filed all tax returns required to be filed by Lessee, and is not in default in the payment of any taxes levied or assessed against Lessee or any of its assets, or subject to any judgment, order, decree, rule or regulation of any governmental authority which would, in each case or in the aggregate, adversely affect Lessee's condition, financial or otherwise, or Lessee's prospects or the Leased Property. (d) No consent, approval or other authorization of, or registration, declaration or filing with, any governmental authority is required for the due execution and delivery of this Amendment, or for the performance by or the validity or enforceability of this Amendment against Lessee. (e) The execution and delivery of this Amendment and compliance with the provisions hereof will not result in (i) a breach or violation of (A) any Legal Requirement applicable to Lessee or any Facility now in effect; (B) the organizational or charter documents of such party; (C) any judgment, order or decree of any governmental authority binding upon Lessee; or (D) any agreement or instrument to which Lessee is a counterparty or by which it is bound; or (ii) the acceleration of any obligation of Lessee.

  • Representations and Warranties of Tenant Tenant represents and warrants to Landlord, as of the date of this Lease and continuing until expiration or earlier termination of this Lease: (i) Tenant is a duly organized and presently subsisting Delaware limited liability company and is duly authorized to do business, and in good standing under, the laws of the state in which the Property is located. (ii) Tenant has the right, power, and authority to enter into this Lease and to consummate the transactions contemplated herein in accordance with the terms and conditions hereof. (iii) The parties executing this Lease on behalf of Tenant have all requisite authority to execute this Lease, and this Lease, as executed, is a valid, legal, and binding obligation of Tenant. (iv) Neither the execution and delivery of this Lease, nor compliance with the terms and conditions of this Lease by Tenant, nor the consummation of the transactions contemplated herein, constitutes or, to the best of Tenant’s knowledge, will constitute a violation or breach any lease or other instrument to which it is a party or to which Tenant is subject or by which it is bound. (v) The execution and delivery of this Lease by Tenant has been duly authorized by all necessary company action on the part of Tenant, and no consent is necessary in connection therewith from any court or corporate or Governmental Authority having jurisdiction over Tenant or the subject matter of this Lease. (vi) To Tenant’s knowledge, there is no administrative agency action, litigation, condemnation or other governmental proceeding of any kind pending against Tenant which would prohibit or materially affect the ability of Tenant to comply with the terms and conditions of this Lease or to consummate the transactions contemplated herein. (vii) Tenant is not insolvent.

  • Representations and Warranties of Subadviser The SubAdviser represents and warrants to the Adviser and the Fund as follows: (a) The SubAdviser is registered with the SEC as an investment adviser under the Advisers Act; (b) The SubAdviser is or will be registered as a Commodity Trading Advisor (“CTA”) and a Commodity Pool Operator (“CPO”) under the Commodity Exchange Act (the “CEA”) with the Commodity Futures Trading Commission (the “CFTC”) and the National Futures Association (“NFA”), or is not required to register pursuant to an applicable exemption; (c) The SubAdviser is a corporation duly organized and properly registered and operating under the laws of the State of Colorado with the power to own and possess its assets, perform its obligations under this Agreement, and to carry on its business as it is now being, and to be, conducted; (d) The execution, delivery and performance by the SubAdviser of this Agreement are within the SubAdviser's powers and have been duly authorized by all necessary action and no action by or in respect of, or filing with, any governmental body, agency or official is required on the part of the SubAdviser for the execution, delivery and performance by the SubAdviser of this Agreement, and the execution, delivery and performance by the SubAdviser of this Agreement do not contravene or constitute a default under (i) any provision of applicable law, rule or regulation, (ii) the SubAdviser's governing instruments, or (iii) any agreement, judgment, injunction, order, decree or other instrument binding upon the SubAdviser; (e) The Form ADV of the SubAdviser previously provided to the Adviser and all amendments to the SubAdviser’s Form ADV to be provided to Adviser is or will be a true and complete copy of the form as currently filed or as then filed with the SEC and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

  • REPRESENTATIONS AND WARRANTIES OF SPAC SPAC hereby represents and warrants to each Company Shareholder and the Company during the Exclusivity Period as follows: