TRADE NAME OF THE PROPERTY.
THE
PRINCIPAL PLACE OF BUSINESS OF BORROWER IS ITS PRIMARY ADDRESS FOR NOTICES AS
SET FORTH IN SECTION 6.1, AND BORROWER HAS NO OTHER PLACE OF BUSINESS.
4.23
OTHER DEBT.
THERE IS NO INDEBTEDNESS WITH RESPECT TO THE PROPERTY
OR ANY EXCESS CASH FLOW OR ANY RESIDUAL INTEREST THEREIN, WHETHER SECURED OR
UNSECURED, OTHER THAN PERMITTED ENCUMBRANCES AND PERMITTED INDEBTEDNESS.
4.24
INTENTIONALLY OMITTED.
4.25
INTENTIONALLY OMITTED.
4.26
GROUND LEASE.
BORROWER HAS DELIVERED TO LENDER A TRUE, CORRECT AND
COMPLETE COPY OF EACH GROUND LEASE.
NEITHER GROUND LEASE HAS BEEN AMENDED,
MODIFIED, SUPPLEMENTED OR ASSIGNED.
BORROWER IS THE SOLE TENANT AND HOLDER OF A
GOOD, VALID AND MARKETABLE LEASEHOLD ESTATE UNDER EACH GROUND LEASE AND THE
INTEREST OF BORROWER, AS TENANT, UNDER EACH GROUND LEASE HAS NOT BEEN ASSIGNED.
EACH GROUND LEASE IS IN FULL FORCE AND EFFECT.
NO DEFAULT EXISTS ON THE PART OF
ANY PARTY UNDER ANY GROUND LEASE, AND NO EVENT HAS OCCURRED WHICH, BUT FOR THE
PASSAGE OF TIME, OR NOTICE, OR BOTH, WOULD CONSTITUTE A DEFAULT UNDER ANY GROUND
LEASE.
ALL RENTS, ADDITIONAL RENTS AND OTHER SUMS DUE AND PAYABLE UNDER EACH
GROUND LEASE HAS BEEN PAID IN FULL.
NO PARTY TO ANY GROUND LEASE HAS COMMENCED
ANY ACTION OR GIVEN OR RECEIVED ANY NOTICE FOR THE PURPOSE OF TERMINATING ANY
GROUND LEASE.
EXCEPT FOR EACH GROUND LEASE, THERE ARE NO AGREEMENTS BETWEEN
BORROWER AND THE LESSOR THEREUNDER, IN ANY WAY CONCERNING THE SUBJECT MATTER OF
SUCH GROUND LEASE, THE PROPERTY OR THE OCCUPANCY OR USE OF THE PROPERTY.
5.
COVENANTS
Until the end of the Term, Borrower hereby covenants and agrees with Lender
that:
5.1
EXISTENCE.
BORROWER SHALL (I) DO OR CAUSE TO BE DONE ALL THINGS
NECESSARY TO PRESERVE, RENEW AND KEEP IN FULL FORCE AND EFFECT ITS EXISTENCE,
RIGHTS, AND FRANCHISES, (II) CONTINUE TO ENGAGE IN THE BUSINESS PRESENTLY
CONDUCTED BY IT, (III) OBTAIN AND MAINTAIN ALL LICENSES, AND (IV) QUALIFY TO DO
BUSINESS AND REMAIN IN GOOD STANDING UNDER THE LAWS OF EACH JURISDICTION, IN
EACH CASE AS AND TO THE EXTENT REQUIRED FOR THE OWNERSHIP, MAINTENANCE,
MANAGEMENT AND OPERATION OF THE PROPERTY.
5.2
TAXES AND OTHER CHARGES.
BORROWER SHALL PAY ALL TAXES AND OTHER
CHARGES PRIOR TO DELINQUENCY, AND DELIVER TO LENDER RECEIPTS FOR PAYMENT OR
OTHER EVIDENCE SATISFACTORY TO LENDER THAT THE TAXES HAVE BEEN SO PAID AT LEAST
THIRTY (30) DAYS PRIOR TO THE DELINQUENCY DATE (PROVIDED, HOWEVER, THAT BORROWER
NEED NOT PAY SUCH TAXES NOR FURNISH SUCH RECEIPTS FOR PAYMENT OF TAXES PAID BY
LENDER PURSUANT TO SECTION 3.3) AND THAT THE OTHER CHARGES HAVE BEEN SO PAID
PRIOR TO DELINQUENCY.
BORROWER SHALL NOT SUFFER AND SHALL PROMPTLY CAUSE TO BE
PAID AND DISCHARGED ANY LIEN AGAINST THE PROPERTY, AND SHALL PROMPTLY PAY FOR
ALL UTILITY SERVICES PROVIDED TO THE PROPERTY.
AFTER PRIOR NOTICE TO LENDER,
BORROWER, AT THEIR OWN EXPENSE, MAY CONTEST BY APPROPRIATE LEGAL PROCEEDING,
PROMPTLY INITIATED AND CONDUCTED IN GOOD FAITH AND WITH DUE DILIGENCE, THE
AMOUNT OR VALIDITY OR