GUARANTOR WHICH MIGHT
MATERIALLY ADVERSELY AFFECT BORROWER'S OR GUARANTOR'S CONDITION (FINANCIAL OR
OTHERWISE) OR BUSINESS OR THE PROPERTY.
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5.1.4
ACCESS TO PROPERTY.
BORROWER SHALL PERMIT AGENTS,
REPRESENTATIVES AND EMPLOYEES OF LENDER TO INSPECT THE PROPERTY OR ANY PART
THEREOF AT REASONABLE HOURS UPON REASONABLE ADVANCE NOTICE, SUBJECT TO THE
RIGHTS OF TENANTS UNDER THEIR RESPECTIVE LEASES.
5.1.5
NOTICE OF DEFAULT.
BORROWER SHALL PROMPTLY ADVISE
LENDER OF THE OCCURRENCE OF ANY DEFAULT OR EVENT OF DEFAULT OF WHICH BORROWER
HAS KNOWLEDGE.
5.1.6
COOPERATE IN LEGAL PROCEEDINGS.
BORROWER SHALL
COOPERATE FULLY WITH LENDER WITH RESPECT TO ANY PROCEEDINGS BEFORE ANY COURT,
BOARD OR OTHER GOVERNMENTAL AUTHORITY WHICH MAY IN ANY WAY AFFECT THE RIGHTS OF
LENDER HEREUNDER OR ANY RIGHTS OBTAINED BY LENDER UNDER ANY OF THE OTHER LOAN
DOCUMENTS AND, IN CONNECTION THEREWITH, PERMIT LENDER, AT ITS ELECTION, TO
PARTICIPATE IN ANY SUCH PROCEEDINGS.
5.1.7
PERFORM LOAN DOCUMENTS.
BORROWER SHALL OBSERVE,
PERFORM AND SATISFY ALL THE TERMS, PROVISIONS, COVENANTS AND CONDITIONS OF, AND
SHALL PAY WHEN DUE ALL COSTS, FEES AND EXPENSES TO THE EXTENT REQUIRED UNDER THE
LOAN DOCUMENTS EXECUTED AND DELIVERED BY, OR APPLICABLE TO, BORROWER.
5.1.8
AWARD AND INSURANCE BENEFITS.
BORROWER SHALL
COOPERATE WITH LENDER IN OBTAINING FOR LENDER THE BENEFITS OF ANY AWARDS OR
INSURANCE PROCEEDS LAWFULLY OR EQUITABLY PAYABLE IN CONNECTION WITH THE
PROPERTY, AND LENDER SHALL BE REIMBURSED FOR ANY EXPENSES INCURRED IN CONNECTION
THEREWITH (INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, AND THE
PAYMENT BY BORROWER OF THE EXPENSE OF AN APPRAISAL ON BEHALF OF LENDER IN CASE
OF CASUALTY OR CONDEMNATION AFFECTING THE PROPERTY OR ANY PART THEREOF) OUT OF
SUCH INSURANCE PROCEEDS.
5.1.9
FURTHER ASSURANCES. BORROWER SHALL, AT BORROWER'S SOLE
COST AND EXPENSE:
(A)
FURNISH TO LENDER ALL INSTRUMENTS,
DOCUMENTS, BOUNDARY SURVEYS, FOOTING OR FOUNDATION SURVEYS, CERTIFICATES, PLANS
AND SPECIFICATIONS, APPRAISALS, TITLE AND OTHER INSURANCE REPORTS AND
AGREEMENTS, AND EACH AND EVERY OTHER DOCUMENT, CERTIFICATE, AGREEMENT AND
INSTRUMENT REQUIRED TO BE FURNISHED BY BORROWER PURSUANT TO THE TERMS OF THE
LOAN DOCUMENTS OR REASONABLY REQUESTED BY LENDER IN CONNECTION THEREWITH;
(B)
EXECUTE AND DELIVER TO LENDER SUCH
DOCUMENTS, INSTRUMENTS, CERTIFICATES, ASSIGNMENTS AND OTHER WRITINGS, AND DO
SUCH OTHER ACTS NECESSARY OR DESIRABLE, TO EVIDENCE, PRESERVE AND/OR PROTECT THE
COLLATERAL AT ANY TIME SECURING OR INTENDED TO SECURE THE OBLIGATIONS OF
BORROWER UNDER THE LOAN DOCUMENTS, AS LENDER MAY REASONABLY REQUIRE; AND
(C)
DO AND EXECUTE ALL AND SUCH FURTHER LAWFUL
AND REASONABLE ACTS, CONVEYANCES AND ASSURANCES FOR THE BETTER AND MORE
EFFECTIVE CARRYING OUT OF THE INTENTS AND PURPOSES OF THIS AGREEMENT AND THE
OTHER LOAN DOCUMENTS, AS LENDER SHALL REASONABLY REQUIRE FROM TIME TO TIME.
5.1.10
PRINCIPAL PLACE OF BUSINESS, STATE OF ORGANIZATION.
BORROWER WILL NOT CAUSE OR PERMIT ANY CHANGE TO BE MADE IN ITS NAME, IDENTITY
(INCLUDING ITS TRADE NAME OR NAMES), PLACE OF ORGANIZATION OR FORMATION (AS SET
FORTH IN SECTION 4.1.36 HEREOF) OR BORROWER'S CORPORATE, PARTNERSHIP OR OTHER
STRUCTURE UNLESS BORROWER SHALL HAVE FIRST NOTIFIED LENDER IN
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WRITING OF SUCH CHANGE AT LEAST THIRTY