OF TIME AND/OR THE GIVING OF NOTICE WOULD CONSTITUTE A DEFAULT
THEREUNDER.
4.1.32
ILLEGAL ACTIVITY.
TO BORROWER'S KNOWLEDGE, NO PORTION OF
THE PROPERTY HAS BEEN OR WILL BE PURCHASED WITH PROCEEDS OF ANY ILLEGAL
ACTIVITY.
4.1.33
NO CHANGE IN FACTS OR CIRCUMSTANCES; DISCLOSURE.
ALL
INFORMATION SUBMITTED BY BORROWER TO LENDER AND IN ALL FINANCIAL STATEMENTS,
RENT ROLLS (INCLUDING THE RENT ROLL ATTACHED HERETO AS SCHEDULE II), REPORTS,
CERTIFICATES AND OTHER DOCUMENTS SUBMITTED IN CONNECTION WITH THE LOAN OR IN
SATISFACTION OF THE TERMS THEREOF AND ALL STATEMENTS OF FACT MADE BY BORROWER IN
THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT, ARE ACCURATE, COMPLETE AND CORRECT
IN ALL MATERIAL RESPECTS, PROVIDED, HOWEVER, THAT IF SUCH INFORMATION WAS
PROVIDED TO BORROWER BY NON-AFFILIATED THIRD PARTIES, BORROWER REPRESENTS THAT
SUCH INFORMATION IS, TO BORROWER'S KNOWLEDGE, ACCURATE, COMPLETE AND CORRECT IN
ALL MATERIAL RESPECTS.
TO BORROWER'S KNOWLEDGE, THERE HAS BEEN NO MATERIAL
ADVERSE CHANGE IN ANY CONDITION, FACT, CIRCUMSTANCE OR EVENT THAT WOULD MAKE ANY
SUCH INFORMATION INACCURATE, INCOMPLETE OR OTHERWISE MISLEADING IN ANY MATERIAL
RESPECT OR THAT OTHERWISE MATERIALLY AND ADVERSELY AFFECTS OR MIGHT MATERIALLY
AND ADVERSELY AFFECT THE PROPERTY OR THE BUSINESS OPERATIONS OR THE FINANCIAL
CONDITION OF BORROWER.
TO BORROWER'S KNOWLEDGE, BORROWER HAS DISCLOSED TO
LENDER ALL MATERIAL FACTS AND HAS NOT FAILED TO DISCLOSE
41
ANY MATERIAL FACT THAT COULD CAUSE ANY PROVIDED INFORMATION OR REPRESENTATION OR
WARRANTY MADE HEREIN TO BE MATERIALLY MISLEADING.
4.1.34
INVESTMENT COMPANY ACT.
BORROWER IS NOT (A) AN "INVESTMENT
COMPANY" OR A COMPANY "CONTROLLED" BY AN "INVESTMENT COMPANY," WITHIN THE
MEANING OF THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED; (B) 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; OR (C) SUBJECT TO ANY
OTHER FEDERAL OR STATE LAW OR REGULATION WHICH PURPORTS TO RESTRICT OR REGULATE
ITS ABILITY TO BORROW MONEY.
4.1.35
EMBARGOED PERSON.
AS OF THE CLOSING DATE, TO BORROWER'S
KNOWLEDGE, (A) NONE OF THE FUNDS OR OTHER ASSETS OF BORROWER CONSTITUTE PROPERTY
OF, OR ARE BENEFICIALLY OWNED, DIRECTLY OR INDIRECTLY, BY ANY EMBARGOED PERSON;
(B) NO EMBARGOED PERSON HAS ANY INTEREST OF ANY NATURE WHATSOEVER IN BORROWER
WITH THE RESULT THAT THE INVESTMENT IN BORROWER (WHETHER DIRECTLY OR
INDIRECTLY), IS PROHIBITED BY LAW OR THE LOAN IS IN VIOLATION OF LAW; AND (C)
NONE OF THE FUNDS OF BORROWER HAVE BEEN DERIVED FROM ANY UNLAWFUL ACTIVITY WITH
THE RESULT THAT THE INVESTMENT IN BORROWER (WHETHER DIRECTLY OR INDIRECTLY), IS
PROHIBITED BY LAW OR THE LOAN IS IN VIOLATION OF LAW.
4.1.36
PRINCIPAL PLACE OF BUSINESS; STATE OF ORGANIZATION.
BORROWER'S PRINCIPAL PLACE OF BUSINESS AS OF THE DATE HEREOF IS THE ADDRESS SET
FORTH IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT.
THE BORROWER IS
ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE.
4.1.37
LOAN TO VALUE.
THE MAXIMUM PRINCIPAL AMOUNT OF THE LOAN
DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT (125%)