because the Borrower satisfies the conditions specified in
Section 4.19(b)(iii).
SECTION 3.8
NOT A FOREIGN PERSON.
BORROWER IS NOT A "FOREIGN PERSON"
WITHIN THE MEANING OF § 1445(F)(3) OF THE IRS CODE.
SECTION 3.9
BUSINESS PURPOSES.
THE LOAN IS SOLELY FOR THE BUSINESS
PURPOSE OF BORROWER, AND IS NOT FOR PERSONAL, FAMILY, HOUSEHOLD, OR AGRICULTURAL
PURPOSES.
SECTION 3.10
BORROWER INFORMATION.
EACH BORROWER'S PRINCIPAL PLACE OF
BUSINESS AND ITS CHIEF EXECUTIVE OFFICE AS OF THE DATE HEREOF IS C/O
ALEXANDER'S, INC., 210 ROUTE 4 EAST, PARAMUS, NEW JERSEY 07652.
EACH BORROWER'S
MAILING ADDRESS, AS SET FORTH IN THE OPENING PARAGRAPH HEREOF OR AS CHANGED IN
ACCORDANCE WITH THE PROVISIONS HEREOF, IS TRUE AND CORRECT.
NO BORROWER IS
SUBJECT TO BACK-UP WITHHOLDING TAXES.
SECTION 3.11
STATUS OF PROPERTY.
(A)
EXCEPT AS SET FORTH ON SCHEDULE V, BORROWER HAS OBTAINED ALL
NECESSARY CERTIFICATES, LICENSES AND OTHER APPROVALS, GOVERNMENTAL AND
OTHERWISE, NECESSARY FOR THE OPERATION OF THE PROPERTY AND THE CONDUCT OF ITS
BUSINESS AND ALL REQUIRED ZONING, BUILDING CODE, LAND USE, ENVIRONMENTAL AND
OTHER SIMILAR PERMITS OR APPROVALS, ALL OF WHICH ARE IN FULL FORCE AND EFFECT AS
OF THE DATE HEREOF AND NOT SUBJECT TO REVOCATION, SUSPENSION, FORFEITURE OR
MODIFICATION.
(B)
EXCEPT AS SET FORTH IN THE ENVIRONMENTAL REPORTS DESCRIBED ON
SCHEDULE 1 TO THE ENVIRONMENTAL INDEMNITY AND ON SCHEDULE V, THE PROPERTY AND
THE PRESENT AND CONTEMPLATED USE AND OCCUPANCY THEREOF ARE IN FULL COMPLIANCE
WITH ALL APPLICABLE ZONING ORDINANCES, BUILDING CODES, LAND USE LAWS,
ENVIRONMENTAL LAWS AND OTHER SIMILAR APPLICABLE LAW.
(C)
THE PROPERTY IS SERVED BY ALL UTILITIES REQUIRED FOR THE
CURRENT OR CONTEMPLATED USE THEREOF.
(D)
THE PROPERTY IS SERVED BY PUBLIC WATER AND SEWER SYSTEMS.
(E)
ALL PUBLIC ROADS AND STREETS NECESSARY FOR SERVICE OF AND
ACCESS TO THE PROPERTY 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.
THE PROPERTY HAS EITHER DIRECT ACCESS TO SUCH PUBLIC
ROADS OR STREETS OR ACCESS TO SUCH PUBLIC ROADS OR STREETS BY VIRTUE OF A
PERPETUAL EASEMENT OR SIMILAR AGREEMENT INURING IN FAVOR OF BORROWER AND ANY
SUBSEQUENT OWNERS OF THE PROPERTY.
(F)
THE PROPERTY IS FREE FROM MATERIAL DAMAGE CAUSED BY FIRE OR
OTHER CASUALTY.
THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL BUILDINGS,
IMPROVEMENTS, PARKING FACILITIES, SIDEWALKS, STORM DRAINAGE SYSTEMS, ROOFS,
PLUMBING SYSTEMS, HVAC SYSTEMS, FIRE PROTECTION SYSTEMS, ELECTRICAL SYSTEMS,
EQUIPMENT, ELEVATORS, EXTERIOR SIDINGS AND DOORS, LANDSCAPING, IRRIGATION
SYSTEMS AND ALL STRUCTURAL COMPONENTS, ARE IN GOOD CONDITION, ORDER AND REPAIR
IN ALL MATERIAL RESPECTS FOR A PROPERTY OF ITS CLASS OR SIMILAR QUALITY; THERE
EXISTS NO MATERIAL STRUCTURAL OR OTHER DEFECTS OR DAMAGES IN THE PROPERTY,
WHETHER LATENT OR OTHERWISE, AND BORROWER HAS NOT RECEIVED NOTICE FROM ANY
INSURANCE COMPANY OR BONDING COMPANY OF ANY DEFECTS OR
43
inadequacies in the Property, or any part thereof, which would materially
adversely affect the insurability of the same or cause the imposition of
extraordinary premiums or charges thereon or of any termination or threatened