SUBSIDIARIES IS OR WILL BE NAMED AS A PARTY WITH
RESPECT TO THE PROJECTS OF SUCH ENTITY AND ITS SUBSIDIARIES, NOR TO BORROWER'S
KNOWLEDGE ARE THERE ANY CONSENT DECREES OR OTHER DECREES, CONSENT ORDERS,
ADMINISTRATIVE ORDER OR OTHER ORDERS, OR OTHER ADMINISTRATIVE OF JUDICIAL
REQUIREMENTS OUTSTANDING UNDER ANY ENVIRONMENTAL LAW WITH RESPECT TO THE
PROJECTS OF SUCH ENTITY AND ITS SUBSIDIARIES.
(VI)
TO THE BEST KNOWLEDGE OF SUCH ENTITY, THERE HAS BEEN NO RELEASE OR THREAT OF
RELEASE OF MATERIALS OF ENVIRONMENTAL CONCERN AT OR FROM THE PROJECTS OF SUCH
ENTITY AND ITS SUBSIDIARIES, OR ARISING FROM OR RELATED TO THE OPERATIONS OF
SUCH ENTITY AND ITS SUBSIDIARIES IN CONNECTION WITH THE PROJECTS IN VIOLATION OF
OR IN AMOUNTS OR IN A MANNER THAT COULD GIVE RISE TO LIABILITY UNDER
ENVIRONMENTAL LAWS.
6.20.
UNENCUMBERED ASSETS.
SCHEDULE 3 HERETO CONTAINS A
COMPLETE AND ACCURATE DESCRIPTION OF UNENCUMBERED ASSETS AS OF THE CLOSING DATE
AND AS SUPPLEMENTED FROM TIME TO TIME IN CONNECTION WITH THE DELIVERY OF A
COMPLIANCE CERTIFICATE PURSUANT TO SECTION 7.1 HEREOF, INCLUDING THE ENTITY THAT
OWNS EACH UNENCUMBERED ASSET.
WITH RESPECT TO EACH PROJECT IDENTIFIED FROM TIME
TO TIME AS AN UNENCUMBERED ASSET, EXCEPT TO THE EXTENT DISCLOSED IN WRITING TO
THE LENDERS AND APPROVED BY THE REQUIRED LENDERS (WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD), BORROWER HEREBY REPRESENTS AND WARRANTS AS FOLLOWS
EXCEPT TO THE EXTENT THE FAILURE OF SUCH REPRESENTATION AND WARRANTY TO BE TRUE
WOULD NOT MATERIALLY ADVERSELY AFFECT THE USE AND OPERATION OF SUCH PROJECT FOR
ITS INTENDED USE OR ITS MARKETABILITY OR VALUE:
6.20.1
NO PORTION OF ANY IMPROVEMENT ON THE UNENCUMBERED ASSET
IS LOCATED IN AN AREA IDENTIFIED BY THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT OR ANY SUCCESSOR THERETO AS AN AREA HAVING SPECIAL FLOOD HAZARDS
PURSUANT TO THE NATIONAL FLOOD INSURANCE ACT OF 1968 OR THE FLOOD DISASTER
PROTECTION ACT OF 1973, AS AMENDED, OR ANY SUCCESSOR LAW, OR, IF LOCATED WITHIN
ANY SUCH AREA, BORROWER HAS OBTAINED AND WILL MAINTAIN THE INSURANCE PRESCRIBED
IN SECTION 7.6 HEREOF.
6.20.2
TO THE BORROWER'S KNOWLEDGE, THE UNENCUMBERED ASSET AND
THE PRESENT USE AND OCCUPANCY THEREOF ARE IN MATERIAL COMPLIANCE WITH ALL
APPLICABLE ZONING ORDINANCES (WITHOUT RELIANCE UPON ADJOINING OR OTHER
PROPERTIES EXCEPT TO THE EXTENT ALLOWED BY APPLICABLE LAWS), BUILDING CODES,
LAND USE AND ENVIRONMENTAL LAWS, AND OTHER SIMILAR LAWS ("APPLICABLE LAWS").
6.20.3
THE UNENCUMBERED ASSET IS SERVED BY ALL UTILITIES
REQUIRED FOR THE CURRENT OR CONTEMPLATED USE THEREOF.
ALL UTILITY SERVICE IS
PROVIDED BY PUBLIC UTILITIES AND THE UNENCUMBERED ASSET HAS ACCEPTED OR IS
EQUIPPED TO ACCEPT SUCH UTILITY SERVICE.
6.20.4
ALL PUBLIC ROADS AND STREETS NECESSARY FOR SERVICE OF
AND ACCESS TO THE UNENCUMBERED ASSET FOR THE CURRENT OR CONTEMPLATED USE THEREOF
HAVE BEEN COMPLETED, ARE SERVICEABLE AND ALL-WEATHER AND ARE PHYSICALLY AND
LEGALLY OPEN FOR USE BY THE PUBLIC.
51
6.20.5
THE UNENCUMBERED ASSET IS SERVED BY PUBLIC WATER AND
SEWER SYSTEMS OR, IF THE UNENCUMBERED ASSET IS NOT SERVICED BY A PUBLIC WATER
AND SEWER SYSTEM, SUCH