AND ACTUAL AMOUNTS FOR SUCH PERIODS, ALL IN FORM
SATISFACTORY TO LENDER; (III) A CALCULATION REFLECTING THE ANNUAL DEBT SERVICE
COVERAGE RATIO FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD AS OF THE
LAST DAY OF SUCH MONTH ACCOMPANIED BY AN OFFICER'S CERTIFICATE WITH RESPECT
THERETO; AND (IV) A NET CASH FLOW SCHEDULE (SUCH NET CASH FLOW FOR THE BORROWER
MAY BE UNAUDITED IF IT IS CERTIFIED BY AN OFFICER OF THE BORROWER).
IN
ADDITION, SUCH CERTIFICATE SHALL ALSO BE ACCOMPANIED BY A CERTIFICATE OF THE
CHIEF FINANCIAL OFFICER OF BORROWER, GENERAL PARTNER OR SOLE MEMBER STATING THAT
THE REPRESENTATIONS AND WARRANTIES OF BORROWER SET FORTH IN
SECTION 4.1.30(A) ARE TRUE AND CORRECT AS OF THE DATE OF SUCH CERTIFICATE.
(D)
FOR THE PARTIAL YEAR PERIOD COMMENCING ON
THE CLOSING DATE, AND FOR EACH FISCAL YEAR THEREAFTER, BORROWER SHALL SUBMIT TO
LENDER AN ANNUAL BUDGET NOT LATER THAN THIRTY (30) DAYS AFTER THE COMMENCEMENT
OF SUCH PERIOD OR FISCAL YEAR IN FORM REASONABLY SATISFACTORY TO LENDER.
(E)
BORROWER SHALL FURNISH TO LENDER, WITHIN
TEN (10) BUSINESS DAYS AFTER REQUEST (OR AS SOON THEREAFTER AS MAY BE REASONABLY
POSSIBLE), SUCH FURTHER DETAILED INFORMATION WITH RESPECT TO THE OPERATION OF
THE PROPERTY AND THE FINANCIAL AFFAIRS OF BORROWER AS MAY BE REASONABLY
REQUESTED BY LENDER.
(F)
BORROWER SHALL FURNISH TO LENDER, WITHIN
TEN (10) BUSINESS DAYS AFTER LENDER'S REQUEST (OR AS SOON THEREAFTER AS MAY BE
REASONABLY POSSIBLE), FINANCIAL AND SALES INFORMATION FROM ANY TENANT DESIGNATED
BY LENDER (TO THE EXTENT SUCH FINANCIAL AND SALES INFORMATION IS REQUIRED TO BE
PROVIDED UNDER THE APPLICABLE LEASE AND SAME IS RECEIVED BY BORROWER AFTER
REQUEST THEREFOR).
(G)
BORROWER WILL CAUSE INDEMNITOR TO FURNISH TO
LENDER ANNUALLY, WITHIN ONE HUNDRED TWENTY (120) DAYS FOLLOWING THE END OF EACH
FISCAL YEAR OF INDEMNITOR, FINANCIAL STATEMENTS AUDITED BY AN INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANT, WHICH SHALL INCLUDE AN ANNUAL BALANCE SHEET AND
PROFIT AND LOSS STATEMENT OF INDEMNITOR, IN THE FORM REASONABLY REQUIRED BY
LENDER.
(H)
ANY REPORTS, STATEMENTS OR OTHER INFORMATION
REQUIRED TO BE DELIVERED UNDER THIS AGREEMENT SHALL BE DELIVERED (I) IN PAPER
FORM, (II) ON A DISKETTE, AND (III) IF REQUESTED BY LENDER AND WITHIN THE
CAPABILITIES OF BORROWER'S DATA SYSTEMS WITHOUT CHANGE OR MODIFICATION
39
THERETO, IN ELECTRONIC FORM AND PREPARED USING A MICROSOFT WORD FOR WINDOWS OR
WORDPERFECT FOR WINDOWS FILES (WHICH FILES MAY BE PREPARED USING A SPREADSHEET
PROGRAM AND SAVED AS WORD PROCESSING FILES).
5.1.12
BUSINESS AND OPERATIONS.
BORROWER WILL CONTINUE TO
ENGAGE IN THE BUSINESSES PRESENTLY CONDUCTED BY IT AS AND TO THE EXTENT THE SAME
ARE NECESSARY FOR THE OWNERSHIP, MAINTENANCE, MANAGEMENT AND OPERATION OF THE
PROPERTY.
BORROWER WILL QUALIFY TO DO BUSINESS AND WILL REMAIN IN GOOD STANDING
UNDER THE LAWS OF EACH JURISDICTION AS AND TO THE EXTENT THE SAME ARE REQUIRED
FOR THE OWNERSHIP, MAINTENANCE, MANAGEMENT AND OPERATION OF THE PROPERTY.
5.1.13
TITLE TO THE PROPERTY.
BORROWER WILL WARRANT AND DEFEND
(A) THE TITLE TO THE PROPERTY AND EVERY PART THEREOF, SUBJECT ONLY TO LIENS