USED FOR THE PURPOSE OF PURCHASING OR CARRYING "MARGIN STOCK"
WITHIN THE MEANING OF REGULATION T, U OR X ISSUED BY THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM, AS AT ANY TIME AMENDED, AND BORROWER AGREES TO
EXECUTE ALL INSTRUMENTS NECESSARY TO COMPLY WITH ALL THE REQUIREMENTS OF
REGULATION U OF THE FEDERAL RESERVE SYSTEM, AS AT ANY TIME AMENDED.
SECTION 6.28
FOREIGN PERSON.
BORROWER IS NOT A "FOREIGN PERSON"
WITHIN THE MEANING OF SECTION 1445 OR 7701 OF THE CODE.
SECTION 6.29
ERISA.
NEITHER THE BORROWER NOR ANY OF THE MEMBERS
IS AN EMPLOYEE BENEFIT PLAN AND NONE OF THEIR ASSETS CONSTITUTE PLAN ASSETS.
SECTION 6.30
EMPLOYEES.
NEITHER THE BORROWER NOR THE MEMBERS
EMPLOYS ANY NATURAL PERSONS AS EMPLOYEES AND NEITHER THE BORROWER NOR THE
MEMBERS SHALL MAINTAIN OR CONTRIBUTE TO (OR BECOME OBLIGATED TO CONTRIBUTE TO)
ANY EMPLOYEE BENEFIT PLAN WHICH IS SUBJECT TO TITLE IV OF ERISA.
THE EXECUTION,
DELIVERY AND
71
PERFORMANCE OF THE PROJECT LOAN DOCUMENTS BY THE BORROWER ENTITIES WILL NOT
RESULT IN, CONSTITUTE OR INVOLVE A NONEXEMPT PROHIBITED TRANSACTION (AS DEFINED
IN SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE) WITH RESPECT TO ANY OF THE
BORROWER ENTITIES, ANY ERISA AFFILIATE OR ANY EMPLOYEE BENEFIT PLAN.
SECTION 6.31
FLOOD ZONE.
THE IMPROVEMENTS ARE NOT LOCATED IN AN
AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY OR THE FEDERAL
INSURANCE ADMINISTRATION AS AN AREA HAVING SPECIAL FLOOD HAZARDS.
SECTION 6.32
INVESTMENT COMPANY ACT.
BORROWER IS NOT (I) AN
"INVESTMENT COMPANY" OR A COMPANY "CONTROLLED" BY AN "INVESTMENT COMPANY,"
WITHIN THE MEANING OF THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED; OR (II) A
"HOLDING COMPANY" OR A "SUBSIDIARY COMPANY" OF A "HOLDING COMPANY" OR AN
"AFFILIATE" OF EITHER A "HOLDING COMPANY" OR A "SUBSIDIARY COMPANY" WITHIN THE
MEANING OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935, AS AMENDED.
SECTION 6.33
ASSESSMENTS.
OTHER THAN THE THEATER SURCHARGE
REFERENCED IN THE GROUND LEASE, TO THE KNOWLEDGE OF BORROWER, THERE ARE NO
PENDING OR PROPOSED SPECIAL OR OTHER ASSESSMENTS FOR PUBLIC IMPROVEMENTS OR
OTHER SIMILAR MATTERS AFFECTING THE MORTGAGED PROPERTY.
SECTION 6.34
PROPERTY TAXES AND OTHER CHARGES.
TO THE EXTENT ANY
ARE DUE, ALL TAXES OF EVERY KIND AND NATURE, INCLUDING, WITHOUT LIMITATION, ALL
GENERAL AND SPECIAL ASSESSMENTS, LEVIES, PERMITS, INSPECTION AND LICENSE FEES,
ALL WATER AND SEWER RENTS AND CHARGES, ALL PAYMENTS IN LIEU OF REAL ESTATE
TAXES, PAYMENTS IN LIEU OF SALES TAXES, AND PAYMENTS IN LIEU OF MORTGAGE
RECORDING TAXES DUE UNDER THE GROUND LEASE OR THE SEVERANCE SUBLEASES AND ALL
OTHER PUBLIC CHARGES WHETHER OF A LIKE OR DIFFERENT NATURE, IMPOSED UPON OR
ASSESSED AGAINST BORROWER, THE MEMBERS, THE MORTGAGED PROPERTY OR ANY PART
THEREOF, OR UPON THE REVENUE, RENTS, ISSUES, INCOME AND PROFITS OF BORROWER, THE
MEMBERS, THE MORTGAGED PROPERTY, OR ANY PART THEREOF, OR ARISING IN RESPECT OF
THE OCCUPANCY, USE OR POSSESSION THEREOF (COLLECTIVELY, "PROPERTY TAXES"), AND
ALL UTILITY FEES AND CHARGES IN CONNECTION WITH THE MORTGAGED PROPERTY HAVE BEEN
PAID.
SECTION 6.35