PROPERTY LINE, BUILDING LINE, SETBACK LINE, SIDE YARD
LINE OR ANY RECORDED OR VISIBLE EASEMENT.
(CC)
THE LOAN IS NOT BEING MADE FOR THE PURPOSE OF PURCHASING OR CARRYING
"MARGIN STOCK" WITHIN THE MEANING OF REGULATION G, T, U OR X ISSUED BY THE BOARD
OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, AND BORROWER AGREES TO EXECUTE ALL
INSTRUMENTS NECESSARY TO COMPLY WITH ALL THE REQUIREMENTS OF REGULATION U OF THE
FEDERAL RESERVE SYSTEM.
(DD)
THE LOAN EVIDENCED BY THE NOTE IS SOLELY FOR THE BUSINESS PURPOSE OF
BORROWER, AND IS NOT FOR PERSONAL, FAMILY, HOUSEHOLD OR AGRICULTURAL PURPOSES.
(EE)
NO PORTION OF THE PROJECT HAS BEEN OR, TO THE KNOWLEDGE OF BORROWER,
WILL BE PURCHASED WITH PROCEEDS OF ANY ILLEGAL ACTIVITY.
(FF)
BORROWER IS NOT A PARTY IN INTEREST TO ANY PLAN DEFINED OR REGULATED
UNDER ERISA, AND THE ASSETS OF BORROWER ARE NOT "PLAN ASSETS" OF ANY EMPLOYEE
BENEFIT PLAN COVERED BY ERISA OR SECTION 4975 OF THE INTERNAL REVENUE CODE.
(GG)
BORROWER IS NOT A "FOREIGN PERSON" WITHIN THE MEANING OF SECTION 1445 OR
7701 OF THE INTERNAL REVENUE CODE.
(HH)
NEITHER BORROWER, MEMBER, GUARANTOR NOR ANY PERSON HOLDING A DIRECT OR
INDIRECT INTEREST IN BORROWER IS (OR WILL BE) A PERSON WITH WHOM LENDER IS
RESTRICTED FROM DOING BUSINESS UNDER OFAC (INCLUDING PERSONS NAMED ON OFAC'S
SPECIALLY DESIGNATED AND BLOCKED PERSONS LIST) OR UNDER ANY STATUTE, EXECUTIVE
ORDER (INCLUDING THE SEPTEMBER 24, 2001, EXECUTIVE ORDER BLOCKING PROPERTY AND
PROHIBITING TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT
TERRORISM), OR OTHER GOVERNMENTAL ACTION AND IS NOT INTENTIONALLY OR WITH
KNOWLEDGE, AND SHALL NOT INTENTIONALLY OR WITH KNOWLEDGE ENGAGE IN ANY DEALINGS
OR TRANSACTIONS OR OTHERWISE BE ASSOCIATED WITH SUCH PERSONS.
IN ADDITION,
BORROWER HEREBY AGREES TO PROVIDE LENDER WITH ANY ADDITIONAL INFORMATION THAT
LENDER DEEMS
22
REASONABLY NECESSARY FROM TIME TO TIME IN ORDER TO ENSURE COMPLIANCE WITH ALL
LAWS CONCERNING MONEY LAUNDERING AND SIMILAR ACTIVITIES.
(II)
BORROWER HAS DISCLOSED TO LENDER ALL MATERIAL FACTS REGARDING THE
PROJECT AND BORROWER AND HAS NOT FAILED TO DISCLOSE ANY MATERIAL FACT THAT COULD
CAUSE ANY REPRESENTATION OR WARRANTY MADE HEREIN TO BE MATERIALLY MISLEADING.
(JJ)
EACH OF THE REPRESENTATIONS AND WARRANTIES MADE BY GUARANTOR HEREIN OR
IN ANY OF THE OTHER LOAN DOCUMENTS IS TRUE, COMPLETE AND CORRECT IN ALL MATERIAL
RESPECTS.
(KK)
BORROWER POSSESSES OR WILL POSSESS PRIOR TO CONSTRUCTION ALL FRANCHISES,
PATENTS, COPYRIGHTS, TRADEMARKS, TRADE NAMES, SERVICEMARKS, LICENSES AND
PERMITS, AND RIGHTS IN RESPECT OF THE FOREGOING, ADEQUATE FOR THE CONDUCT OF
BORROWER'S BUSINESSES SUBSTANTIALLY AS NOW CONDUCTED AND TO BE CONDUCTED AT THE
PROJECT WITHOUT CONFLICT WITH ANY RIGHTS OF OTHERS.
(LL)
A TRUE AND CORRECT ORGANIZATIONAL CHART OUTLINING THE PERCENTAGE OF
OWNERSHIP AND CAPITAL STRUCTURE OF BORROWER AND THE DIRECT AND INDIRECT OWNERS
OF BORROWER IS ATTACHED HERETO AS EXHIBIT F.
(MM)
BORROWER HAS DELIVERED TO LENDER TRUE, CORRECT AND COMPLETE COPIES OF THE
ER PURCHASE AGREEMENT AND THE ML&P AGREEMENTS.
EACH SUCH AGREEMENT IS IN FULL
FORCE AND EFFECT AND HAS