Each of the parties hereto represents and warrants to the other as follows: (a) it has the legal power, right and authority to enter into this Fifth Amendment; (b) all requisite action (corporate, trust, partnership or otherwise) has been taken by it in connection with the entering into of this Fifth Amendment and no further consent of any partner, shareholder, creditor, investor, judicial or administrative body, government authority or other party is required, including without limitation, any lender, or if any such consent is required, such consent has been obtained; (c) the individuals executing this Fifth Amendment have the legal power, right, and actual authority to bind it to the terms of this Fifth Amendment; and (d) it understands that the other party is relying on the foregoing representations in entering into this Fifth Amendment, and that the other party would not enter into this Fifth Amendment without such representations. Landlord represents to Tenant that there are not any Superior Holders as of the date of this Fifth Amendment.