INDEPENDENT CONTRACTOR OR OTHER THIRD PARTY.
45
6.21
REGULATED ENTITIES.
NONE OF FLEETWOOD, ANY
PERSON CONTROLLING FLEETWOOD, OR ANY SUBSIDIARY, IS AN "INVESTMENT COMPANY"
WITHIN THE MEANING OF THE INVESTMENT COMPANY ACT OF 1940.
NO LOAN PARTY IS
SUBJECT TO REGULATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935, THE
FEDERAL POWER ACT, THE INTERSTATE COMMERCE ACT, ANY STATE PUBLIC UTILITIES CODE
OR LAW, OR ANY OTHER FEDERAL OR STATE STATUTE OR REGULATION LIMITING ITS ABILITY
TO INCUR INDEBTEDNESS.
6.22
USE OF PROCEEDS; MARGIN REGULATIONS.
THE
PROCEEDS OF THE LOANS ARE TO BE USED SOLELY FOR THE REPAYMENT OF DEBT, WORKING
CAPITAL AND OTHER GENERAL CORPORATE PURPOSES.
NEITHER FLEETWOOD NOR ANY
SUBSIDIARY IS ENGAGED IN THE BUSINESS OF PURCHASING OR SELLING MARGIN STOCK OR
EXTENDING CREDIT FOR THE PURPOSE OF PURCHASING OR CARRYING MARGIN STOCK.
6.23
COPYRIGHTS, PATENTS, TRADEMARKS AND LICENSES,
ETC.
EACH LOAN PARTY OWNS OR IS LICENSED OR OTHERWISE HAS THE RIGHT TO USE ALL
OF THE PATENTS, TRADEMARKS, SERVICE MARKS, TRADE NAMES, COPYRIGHTS, CONTRACTUAL
FRANCHISES, LICENSES, RIGHTS OF WAY, AUTHORIZATIONS AND OTHER RIGHTS THAT ARE
REASONABLY NECESSARY FOR THE OPERATION OF ITS BUSINESSES, WITHOUT KNOWN CONFLICT
IN ANY MATERIAL RESPECT WITH THE RIGHTS OF ANY OTHER PERSON.
TO THE KNOWLEDGE
OF FLEETWOOD AND THE BORROWERS, NO SLOGAN OR OTHER ADVERTISING DEVICE, PRODUCT,
PROCESS, METHOD, SUBSTANCE, PART OR OTHER MATERIAL NOW EMPLOYED, OR NOW
CONTEMPLATED TO BE EMPLOYED, BY FLEETWOOD OR ANY SUBSIDIARY INFRINGES UPON ANY
RIGHTS HELD BY ANY OTHER PERSON IN ANY MANNER THAT COULD REASONABLY BE EXPECTED
TO RESULT IN A MATERIAL ADVERSE EFFECT.
NO CLAIM OR LITIGATION REGARDING ANY OF
THE FOREGOING IS PENDING OR, TO THE KNOWLEDGE OF FLEETWOOD AND THE BORROWERS,
THREATENED, AND TO THE KNOWLEDGE OF FLEETWOOD AND THE BORROWERS NO PATENT,
INVENTION, DEVICE, APPLICATION, PRINCIPLE OR ANY STATUTE, LAW, RULE, REGULATION,
STANDARD OR CODE IS PENDING OR, TO THE KNOWLEDGE OF FLEETWOOD AND THE BORROWERS,
PROPOSED, WHICH, IN EITHER CASE, COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT.
6.24
NO MATERIAL ADVERSE CHANGE.
NO MATERIAL ADVERSE
EFFECT HAS OCCURRED SINCE APRIL 27, 2003.
6.25
FULL DISCLOSURE.
NONE OF THE REPRESENTATIONS OR
WARRANTIES MADE BY FLEETWOOD OR ANY SUBSIDIARY IN THE LOAN DOCUMENTS AS OF THE
DATE SUCH REPRESENTATIONS AND WARRANTIES ARE MADE OR DEEMED MADE, AND NONE OF
THE STATEMENTS CONTAINED IN ANY EXHIBIT, REPORT, WRITTEN STATEMENT OR
CERTIFICATE FURNISHED BY OR ON BEHALF OF FLEETWOOD OR ANY SUBSIDIARY IN
CONNECTION WITH THE LOAN DOCUMENTS (INCLUDING THE OFFERING AND DISCLOSURE
MATERIALS DELIVERED BY OR ON BEHALF OF FLEETWOOD OR ANY OF ITS SUBSIDIARIES TO
THE LENDERS PRIOR TO THE CLOSING DATE), CONTAINS ANY UNTRUE STATEMENT OF A
MATERIAL FACT OR, WHEN CONSIDERED AS A WHOLE, OMITS ANY MATERIAL FACT REQUIRED
TO BE STATED THEREIN OR NECESSARY TO MAKE THE STATEMENTS MADE THEREIN, IN LIGHT
OF THE CIRCUMSTANCES UNDER WHICH THEY ARE MADE, NOT MISLEADING AS OF THE TIME
WHEN MADE OR DELIVERED.
6.26
MATERIAL AGREEMENTS.
THERE ARE NO AGREEMENTS,
CONTRACTS AND OTHER DOCUMENTS THAT ARE MATERIAL