PRIOR TO THE RESTATEMENT DATE,
WHICH, IF SO REQUIRED, MUST (A) BE CERTIFIED TO AGENT BANK AND THE TITLE
INSURANCE COMPANY, (B) SHOW THE APPLICABLE COLLATERAL PROPERTY TO BE FREE OF
ENCROACHMENTS, OVERLAPS, AND OTHER SURVEY DEFECTS, (C) SHOW THE COURSES AND
DISTANCES OF THE LOT LINES FOR THE APPLICABLE COLLATERAL PROPERTY, (D) SHOW THAT
ALL EXISTING IMPROVEMENTS ARE LOCATED WITHIN SAID LOT AND BUILDING LINES, AND
(E) SHOW THE LOCATION OF ALL ABOVE AND BELOW GROUND EASEMENTS, IMPROVEMENTS,
APPURTENANCES, UTILITIES, RIGHTS-OF-WAY, WATER RIGHTS AND INGRESS AND EGRESS, BY
REFERENCE TO BOOK AND PAGE NUMBERS AND/OR FILED MAP REFERENCE.
ON OR BEFORE THE
RESTATEMENT DATE, BORROWERS SHALL COMPLY WITH ALL OTHER SURVEY REQUIREMENTS OF
TITLE INSURANCE COMPANY FOR THE ISSUANCE OF THE TITLE ENDORSEMENTS WITHOUT
REFERENCE TO ANY EXCEPTION OF TITLE BASED ON ANY SURVEY REQUIREMENT.
SECTION 3.09.
PAYMENT OF TAXES.
EVIDENCE
SATISFACTORY TO AGENT BANK THAT ALL PAST AND CURRENT REAL AND PERSONAL PROPERTY
TAXES AND ASSESSMENTS WHICH ARE PRESENTLY DUE AND PAYABLE APPLICABLE TO THE
COLLATERAL PROPERTIES HAVE BEEN PAID IN FULL.
SECTION 3.10.
INSURANCE.
COPIES OF DECLARATION
PAGES OF EACH INSURANCE POLICY, CERTIFIED TO BE TRUE AND CORRECT IN ALL RESPECTS
BY AN AUTHORIZED OFFICER OF BORROWERS, TOGETHER WITH ORIGINAL BINDERS EVIDENCING
BORROWERS AS THE NAMED INSURED, AND ORIGINAL CERTIFICATES OF INSURANCE, LOSS
PAYEE AND MORTGAGEE ENDORSEMENTS NAMING AGENT BANK AS MORTGAGEE, LOSS PAYEE AND
ADDITIONAL INSURED AS REQUIRED BY THE INSURANCE PROVISIONS SET FORTH IN
SECTION 5.09 OF THIS CREDIT AGREEMENT.
SECTION 3.11.
PAYMENT OF FEES.
PAYMENT BY BORROWERS
TO AGENT BANK OF THE FEES TO THE EXTENT THEN DUE AND PAYABLE ON THE RESTATEMENT
DATE AS PROVIDED IN SECTION 2.09(A) HEREINABOVE.
SECTION 3.12.
REIMBURSEMENT FOR EXPENSES AND FEES.
REIMBURSEMENT BY BORROWERS FOR ALL REASONABLE FEES AND OUT-OF-POCKET EXPENSES
INCURRED BY AGENT BANK IN CONNECTION WITH THE CREDIT FACILITY, EXCLUDING,
HOWEVER, ALL SYNDICATION COSTS, BUT INCLUDING, BUT NOT LIMITED TO, ESCROW
CHARGES, TITLE INSURANCE PREMIUMS, ENVIRONMENTAL EXAMINATIONS, RECORDING FEES,
APPRAISAL FEES, REASONABLE ATTORNEY'S FEES OF HENDERSON & MORGAN, LLC AND
INSURANCE CONSULTANT FEES, AND ALL OTHER LIKE FEES AND EXPENSES REMAINING UNPAID
AS OF THE RESTATEMENT DATE TO THE EXTENT THEN DUE AND PAYABLE ON THE RESTATEMENT
DATE, PROVIDED THAT THE AMOUNT THEN INVOICED SHALL NOT
91
THEREAFTER PRECLUDE BORROWERS' OBLIGATION TO PAY SUCH COSTS AND EXPENSES
RELATING TO THE RESTATEMENT OF THE CREDIT FACILITY FOLLOWING THE RESTATEMENT
DATE OR TO REIMBURSE AGENT BANK FOR THE PAYMENT THEREOF.
SECTION 3.13.
SCHEDULES OF SPACELEASES AND EQUIPMENT
LEASES AND CONTRACTS.
THE SCHEDULES OF SPACELEASES (SCHEDULES 4.15(A) THROUGH
(E)) AND EQUIPMENT LEASES AND CONTRACTS (SCHEDULES 4.16(A) THROUGH (E)) IN EACH
INSTANCE SETTING FORTH THE NAME OF THE OTHER PARTY THERETO, A BRIEF DESCRIPTION
OF EACH SPACELEASE, EQUIPMENT LEASE AND CONTRACT AND THE COMMENCEMENT AND ENDING
DATE THEREOF.
SECTION 3.14.
PHASE I ENVIRONMENTAL SITE
ASSESSMENTS.
A.
A PHASE I ENVIRONMENTAL SITE ASSESSMENT
OR ASSESSMENTS OF THE COLLATERAL PROPERTIES PREPARED IN CONFORMANCE WITH THE
SCOPE AND LIMITATIONS OF ASTM STANDARD DESIGNATION E1527-93 AND APPROVED BY
AGENT BANK.
THE PHASE I