LEASES OF REAL PROPERTY UNDER
WHICH ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES IS THE LESSEE, SHOWING THE
STREET ADDRESS, CITY OR OTHER RELEVANT JURISDICTION, STATE, LESSOR, LESSEE,
EXPIRATION DATE AND ANNUAL RENTAL COST THEREOF. TO THE KNOWLEDGE OF THE
APPLICABLE LOAN PARTY OR SUBSIDIARY THAT IS THE LESSEE, EACH SUCH LEASE IS THE
LEGAL, VALID AND BINDING OBLIGATION OF THE LESSOR THEREOF, ENFORCEABLE IN
ACCORDANCE WITH ITS TERMS.
(2)
To the knowledge of the applicable Loan Party or Subsidiary that
is the lessor, set forth on Schedule 4.01(q)(2) hereto is a complete (except for
non-material leases which (A) provide for annual rental payments totaling in the
aggregate (together with the annual rental payments for all other leases not
included on Schedule 4.01(q)(1) or Schedule 4.01(q)(2)) not more than
$1,000,000, and (B) have a term of not longer than five years) and accurate list
as of the date hereof of all leases of real property under which any Loan Party
is the lessor, showing as of the date hereof the street address, city or other
relevant jurisdiction, state, lessor, lessee, expiration date and annual rental
cost thereof. To the knowledge of the applicable Loan Party or Subsidiary that
is the lessor, each such lease is the legal, valid and binding obligation of the
lessee thereof, enforceable in accordance with its terms.
(R)
INVESTMENTS. SET FORTH ON SCHEDULE 4.01(R) HERETO IS A COMPLETE
AND ACCURATE LIST AS OF THE DATE HEREOF OF ALL INVESTMENTS (OTHER THAN
INVESTMENTS PERMITTED UNDER
74
SECTION 5.02(F)(I) THROUGH (IV)) HELD BY ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES ON THE DATE HEREOF, SHOWING THE AMOUNT, OBLIGOR OR ISSUER AND
MATURITY, IF ANY, THEREOF.
(S)
INTELLECTUAL PROPERTY. SET FORTH ON SCHEDULE 4.01(S) HERETO IS A
COMPLETE AND ACCURATE LIST AS OF THE DATE HEREOF OF ALL REGISTERED PATENTS,
TRADEMARKS, TRADE NAMES, SERVICE MARKS AND COPYRIGHTS, AND ALL APPLICATIONS
THEREFOR AND LICENSES THEREOF, OF EACH LOAN PARTY OR ANY OF ITS SUBSIDIARIES,
SHOWING THE JURISDICTION IN WHICH REGISTERED, THE REGISTRATION NUMBER, THE DATE
OF REGISTRATION AND THE EXPIRATION DATE.
(T)
MATERIAL CONTRACTS. SET FORTH ON SCHEDULE 4.01(T) HERETO IS A
COMPLETE AND ACCURATE LIST AS OF THE DATE HEREOF OF ALL MATERIAL CONTRACTS OF
EACH LOAN PARTY AND ITS SUBSIDIARIES, SHOWING THE PARTIES AND TERM THEREOF. EACH
SUCH MATERIAL CONTRACT HAS BEEN DULY AUTHORIZED, EXECUTED AND DELIVERED BY EACH
LOAN PARTY PARTY THERETO, HAS NOT BEEN AMENDED OR OTHERWISE MODIFIED, EXCEPT AS
DELIVERED PRIOR TO THE DATE HEREOF OR IN THE CASE OF MODIFICATIONS AFTER THE
DATE OF THIS AGREEMENT, AS PERMITTED UNDER THE LOAN DOCUMENTS, IS IN FULL FORCE
AND EFFECT AND IS BINDING UPON AND ENFORCEABLE AGAINST ALL PARTIES THERETO IN
ACCORDANCE WITH ITS TERMS, AND THERE EXISTS NO DEFAULT UNDER ANY MATERIAL
CONTRACT THAT WOULD GIVE THE COUNTERPARTY THERETO THE RIGHT TO TERMINATE SUCH
MATERIAL CONTRACT (AFTER THE EXPIRATION OF ANY APPLICABLE CURE PERIOD).
ARTICLE V
COVENANTS OF THE BORROWERS
SECTION 5.01.
Affirmative Covenants. So long as any Advance
or any other