THEY MAINTAINED ANY PLAN. THE BORROWERS DO NOT CURRENTLY CONTRIBUTE TO OR HAVE
ANY OBLIGATION TO CONTRIBUTE TO OR OTHERWISE HAVE ANY LIABILITY WITH RESPECT TO
ANY PLAN.
4.12
ENVIRONMENTAL LAWS.
TO THE BEST KNOWLEDGE AND
BELIEF OF THE BORROWERS, EXCEPT AS COULD NOT REASONABLY BE EXPECTED TO NOT HAVE
A MATERIAL ADVERSE EFFECT, OR AS DESCRIBED ON EXHIBIT IV UNDER THE HEADING
"ENVIRONMENTAL MATTERS:"
26
(A)
NO PROPERTY OF EITHER BORROWER IS CURRENTLY
ON OR HAS EVER BEEN ON, OR IS ADJACENT TO ANY PROPERTY WHICH IS ON OR HAS EVER
BEEN ON, ANY FEDERAL OR STATE LIST OF SUPERFUND SITES;
(B)
NO HAZARDOUS SUBSTANCES HAVE BEEN GENERATED,
TRANSPORTED, AND/OR DISPOSED OF BY THE BORROWER AT A SITE WHICH WAS, AT THE TIME
OF SUCH GENERATION, TRANSPORTATION, AND/OR DISPOSAL, OR HAS SINCE BECOME, A
SUPERFUND SITE;
(C)
EXCEPT IN ACCORDANCE WITH APPLICABLE
REQUIREMENTS OF LAW OR THE TERMS OF A VALID PERMIT, LICENSE, CERTIFICATE, OR
APPROVAL OF THE RELEVANT GOVERNMENTAL AUTHORITY, NO RELEASE OF HAZARDOUS
SUBSTANCES BY EITHER BORROWER OR FROM, AFFECTING, OR RELATED TO ANY PROPERTY OF
EITHER BORROWER OR ADJACENT TO ANY PROPERTY OF EITHER BORROWER HAS OCCURRED; AND
(D)
NO ENVIRONMENTAL COMPLAINT HAS BEEN RECEIVED
BY EITHER BORROWER.
4.13
COMPLIANCE WITH FEDERAL RESERVE REGULATIONS.
NO
TRANSACTION CONTEMPLATED BY THE LOAN DOCUMENTS IS IN VIOLATION OF ANY
REGULATIONS PROMULGATED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM,
INCLUDING, WITHOUT LIMITATION, REGULATIONS T, U, OR X.
4.14
INVESTMENT COMPANY ACT COMPLIANCE.
NO BORROWER
IS, NOR IS ANY BORROWER DIRECTLY OR INDIRECTLY CONTROLLED BY OR ACTING ON BEHALF
OF ANY PERSON WHICH IS, AN "INVESTMENT COMPANY" OR AN "AFFILIATED PERSON" OF AN
"INVESTMENT COMPANY" WITHIN THE MEANING OF THE INVESTMENT COMPANY ACT OF 1940,
AS AMENDED.
4.15
ANTI-TERRORISM LAWS.
(A)
NO BORROWER NOR ANY AFFILIATE OF ANY
BORROWER IS IN VIOLATION OF ANY ANTI-TERRORISM LAW OR ENGAGES IN OR CONSPIRES TO
ENGAGE IN ANY TRANSACTION
THAT EVADES OR AVOIDS, OR HAS THE PURPOSE OF EVADING
OR AVOIDING, OR ATTEMPTS TO VIOLATE, ANY OF THE PROHIBITIONS SET FORTH IN ANY
ANTI-TERRORISM LAW.
(B)
NO BORROWER HAS ENGAGED, NOR DOES IT INTEND
TO ENGAGE, IN ANY BUSINESS OR ACTIVITY PROHIBITED BY THE TRADING WITH THE ENEMY
ACT.
(C)
NO BORROWER IS (A) A PERSON WHOSE PROPERTY
OR INTEREST IN PROPERTY IS BLOCKED OR SUBJECT TO BLOCKING PURSUANT TO SECTION 1
OF EXECUTIVE ORDER 13224, (B) ENGAGED IN ANY DEALINGS OR TRANSACTIONS PROHIBITED
BY SECTION 2 OF EXECUTIVE ORDER 13224, OR OTHERWISE ASSOCIATED WITH ANY SUCH
PERSON IN ANY MANNER VIOLATIVE OF SECTION 2, OR (C) A PERSON ON THE LIST OF
SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS OR SUBJECT TO THE LIMITATIONS
OR PROHIBITIONS UNDER ANY OTHER U.S. DEPARTMENT OF TREASURY'S OFFICE OF FOREIGN
ASSETS CONTROL REGULATION OR EXECUTIVE ORDER.
(D)
NO PART OF THE PROCEEDS OF THE LOANS WILL BE
USED, DIRECTLY OR INDIRECTLY, FOR ANY PAYMENTS TO ANY GOVERNMENTAL OFFICIAL OR
EMPLOYEE, POLITICAL PARTY, OFFICIAL OF A POLITICAL PARTY, CANDIDATE FOR
POLITICAL OFFICE, OR ANYONE ELSE