TO MAKE ANY
ACQUISITION OTHER THAN A PERMITTED ACQUISITION.
6.3
NOTICE OF DEFAULT.
THE BORROWER WILL GIVE, AND WILL CAUSE EACH OF
ITS SUBSIDIARIES TO GIVE, PROMPT NOTICE IN WRITING TO THE ADMINISTRATIVE AGENT
AND THE LENDERS OF THE OCCURRENCE OF ANY DEFAULT OR UNMATURED DEFAULT AND OF ANY
OTHER DEVELOPMENT, FINANCIAL OR OTHERWISE, WHICH COULD REASONABLY BE EXPECTED TO
HAVE A MATERIAL ADVERSE EFFECT.
6.4
CONDUCT OF BUSINESS.
THE BORROWER WILL DO, AND WILL CAUSE EACH OF
ITS SUBSIDIARIES TO DO, ALL THINGS NECESSARY TO REMAIN DULY INCORPORATED OR DULY
QUALIFIED, VALIDLY EXISTING AND IN GOOD STANDING AS A REAL ESTATE INVESTMENT
TRUST, CORPORATION, GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, AS THE CASE MAY
BE, IN ITS JURISDICTION OF INCORPORATION/FORMATION (EXCEPT WITH RESPECT TO
MERGERS PERMITTED PURSUANT TO SECTION 6.12 AND PERMITTED ACQUISITIONS) AND
MAINTAIN ALL REQUISITE AUTHORITY TO CONDUCT ITS BUSINESS IN EACH JURISDICTION IN
WHICH ITS BUSINESS IS CONDUCTED, IN EACH JURISDICTION IN WHICH ANY QUALIFYING
UNENCUMBERED PROPERTY OR TRAPPED EQUITY PROPERTY OWNED (OR LEASED PURSUANT TO AN
ELIGIBLE GROUND LEASE) BY IT IS LOCATED, AND IN EACH OTHER JURISDICTION IN WHICH
THE CHARACTER OF ITS PROPERTIES OR THE NATURE OF ITS BUSINESS REQUIRES SUCH
QUALIFICATION AND AUTHORIZATION AND WHERE THE FAILURE TO BE SO AUTHORIZED AND
QUALIFIED COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT, AND TO
CARRY ON AND CONDUCT THEIR BUSINESSES IN SUBSTANTIALLY THE SAME MANNER AS THEY
ARE PRESENTLY CONDUCTED WHERE THE FAILURE TO DO SO COULD REASONABLY BE EXPECTED
TO HAVE A MATERIAL ADVERSE EFFECT AND, SPECIFICALLY, NEITHER THE BORROWER NOR
ITS SUBSIDIARIES MAY UNDERTAKE ANY BUSINESS OTHER THAN THE ACQUISITION,
DEVELOPMENT, OWNERSHIP, MANAGEMENT, OPERATION AND LEASING OF RETAIL, OFFICE OR
INDUSTRIAL PROPERTIES, AND ANCILLARY BUSINESSES SPECIFICALLY RELATED TO SUCH
TYPES OF PROPERTIES.
BORROWER SHALL, AND SHALL CAUSE EACH SUBSIDIARY, TO
DEVELOP AND IMPLEMENT SUCH PROGRAMS, POLICIES AND PROCEDURES AS ARE NECESSARY TO
COMPLY WITH THE USA PATRIOT ACT AND SHALL PROMPTLY ADVISE THE ADMINISTRATIVE
AGENT IN WRITING IN THE EVENT THAT ANY OF SUCH PERSONS SHALL DETERMINE THAT ANY
INVESTORS IN SUCH PERSONS ARE IN VIOLATION OF SUCH ACT.
6.5
TAXES.
THE BORROWER WILL PAY, AND WILL CAUSE EACH OF ITS
SUBSIDIARIES TO PAY, WHEN DUE ALL TAXES, ASSESSMENTS AND GOVERNMENTAL CHARGES
AND LEVIES UPON THEM OF THEIR INCOME, PROFITS OR PROJECTS, EXCEPT THOSE WHICH
ARE BEING CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS AND WITH RESPECT TO
WHICH ADEQUATE RESERVES HAVE BEEN SET ASIDE.
6.6
INSURANCE.
THE BORROWER WILL, AND WILL CAUSE EACH OF ITS
SUBSIDIARIES TO, MAINTAIN INSURANCE WHICH IS CONSISTENT WITH THE REPRESENTATION
CONTAINED IN SECTION 5.17 ON ALL THEIR PROPERTY AND THE BORROWER WILL FURNISH TO
ANY LENDER UPON REASONABLE REQUEST FULL INFORMATION AS TO THE INSURANCE CARRIED.
6.7
COMPLIANCE WITH LAWS.
THE BORROWER WILL, AND WILL CAUSE EACH OF ITS
SUBSIDIARIES TO, COMPLY WITH ALL LAWS, RULES, REGULATIONS, ORDERS, WRITS,
JUDGMENTS, INJUNCTIONS, DECREES OR AWARDS TO WHICH THEY MAY BE SUBJECT, THE
VIOLATION OF WHICH COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE
EFFECT.