AT THE PROPERTY, INCLUDING, WITHOUT
LIMITATION, VIOLATION OF ANY FEDERAL, STATE OR LOCAL LABOR, SAFETY OR EMPLOYMENT
LAWS (DOMESTIC OR FOREIGN) AND/OR CHARGES OF UNFAIR LABOR PRACTICES OR
DISCRIMINATION COMPLAINTS; (II) HAS ENGAGED IN ANY UNFAIR LABOR PRACTICES WITHIN
THE MEANING OF THE NATIONAL LABOR RELATIONS ACT OR THE RAILWAY LABOR ACT; OR
(III) EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO LENDER, IS A PARTY TO, OR
BOUND BY, ANY COLLECTIVE BARGAINING AGREEMENT OR UNION CONTRACT WITH RESPECT TO
EMPLOYEES AND OTHER LABORERS AT THE PROPERTY AND NO SUCH AGREEMENT OR CONTRACT
IS CURRENTLY BEING NEGOTIATED BY BORROWER, SPE PLEDGOR, MANAGER OR ANY OF THEIR
AFFILIATES.
(V)
BORROWER'S LEGAL STATUS.
BORROWER'S EXACT LEGAL NAME THAT IS
INDICATED ON THE SIGNATURE PAGE HERETO, ORGANIZATIONAL IDENTIFICATION NUMBER AND
PLACE OF BUSINESS OR, IF MORE THAN ONE, ITS CHIEF EXECUTIVE OFFICE, AS WELL AS
BORROWER'S MAILING ADDRESS, IF DIFFERENT, WHICH WERE IDENTIFIED BY BORROWER TO
LENDER AND CONTAINED IN THIS SECURITY INSTRUMENT, ARE TRUE, ACCURATE AND
COMPLETE.
BORROWER (I) WILL NOT CHANGE ITS NAME, ITS PLACE OF BUSINESS OR, IF
MORE THAN ONE PLACE OF BUSINESS, ITS CHIEF EXECUTIVE OFFICE, OR ITS MAILING
ADDRESS OR ORGANIZATIONAL IDENTIFICATION NUMBER IF IT HAS ONE WITHOUT GIVING
LENDER AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF SUCH CHANGE, (II) IF
BORROWER DOES NOT HAVE AN ORGANIZATIONAL IDENTIFICATION NUMBER AND LATER OBTAINS
ONE, BORROWER SHALL PROMPTLY NOTIFY LENDER OF SUCH ORGANIZATIONAL IDENTIFICATION
NUMBER AND (III) BORROWER WILL NOT CHANGE ITS TYPE OF ORGANIZATION, JURISDICTION
OF ORGANIZATION OR OTHER LEGAL STRUCTURE.
(W)
COMPLIANCE WITH ANTI-TERRORISM, EMBARGO AND ANTI-MONEY LAUNDERING
LAWS.
(I) NONE OF BORROWER, SPE PLEDGOR, GENERAL PARTNER, ANY GUARANTOR, OR
ANY PERSON WHO OWNS ANY EQUITY INTEREST IN OR CONTROLS BORROWER, SPE PLEDGOR,
GENERAL PARTNER OR ANY GUARANTOR CURRENTLY IS IDENTIFIED ON THE OFAC LIST OR
OTHERWISE QUALIFIES AS A PROHIBITED PERSON, AND BORROWER AND SPE PLEDGOR HAVE
IMPLEMENTED PROCEDURES, APPROVED BY BORROWER AND, IF APPLICABLE, GENERAL
PARTNER, TO ENSURE THAT NO PERSON WHO NOW OR HEREAFTER OWNS AN EQUITY INTEREST
IN BORROWER, SPE PLEDGOR OR GENERAL PARTNER IS A PROHIBITED PERSON OR CONTROLLED
BY A PROHIBITED PERSON, (II) NO PROCEEDS OF THE LOAN WILL BE USED TO FUND ANY
OPERATIONS IN, FINANCE ANY INVESTMENTS OR ACTIVITIES IN OR MAKE ANY PAYMENTS TO,
PROHIBITED PERSONS, AND (III) NONE OF BORROWER, SPE PLEDGOR, GENERAL PARTNER, OR
ANY GUARANTOR ARE IN VIOLATION OF ANY LEGAL REQUIREMENTS RELATING TO ANTI-MONEY
LAUNDERING OR ANTI-TERRORISM, INCLUDING, WITHOUT LIMITATION, LEGAL REQUIREMENTS
RELATED TO TRANSACTING BUSINESS WITH PROHIBITED PERSONS OR THE REQUIREMENTS OF
THE UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO
INTERCEPT AND OBSTRUCT TERRORISM ACT OF 2001, U.S. PUBLIC LAW 107-56, AND THE
RELATED REGULATIONS ISSUED
41
THEREUNDER, INCLUDING TEMPORARY REGULATIONS, ALL AS AMENDED FROM TIME TO TIME.
NO TENANT UNDER A SPACE LEASE AT THE PROPERTY CURRENTLY IS IDENTIFIED ON THE
OFAC LIST OR OTHERWISE QUALIFIES AS A PROHIBITED PERSON, AND, TO THE BEST OF
BORROWER'S KNOWLEDGE, NO TENANT AT THE PROPERTY IS OWNED OR CONTROLLED BY