OR SEEK OR OBTAIN CREDIT OR INCUR
ANY OBLIGATION TO ANY THIRD PARTY BASED UPON THE ASSETS OF ANY OTHER PERSON, OR
INDUCE ANY THIRD PARTY TO RELY ON THE CREDITWORTHINESS OF ANY OTHER PERSON;
(G)
HAS REMAINED AND AS OF THE CLOSING DATE
REASONABLY EXPECTS TO REMAIN, SOLVENT, AND HAS MAINTAINED, AND AS OF THE CLOSING
DATE REASONABLY EXPECTS TO MAINTAIN ADEQUATE CAPITAL FOR THE NORMAL OBLIGATIONS
REASONABLY FORESEEABLE IN A BUSINESS OF ITS SIZE AND CHARACTER AND IN LIGHT OF
ITS CONTEMPLATED BUSINESS OPERATIONS;
(H)
HAS NOT ACQUIRED AND WILL NOT ACQUIRE
OBLIGATIONS OR SECURITIES OF ANY PERSON;
(I)
HAS NOT FAILED AND WILL NOT FAIL TO
CORRECT ANY KNOWN MISUNDERSTANDING OR MISREPRESENTATION REGARDING ITS SEPARATE
IDENTITY;
(J)
HAS DONE OR CAUSED TO BE DONE AND WILL
DO ALL THINGS NECESSARY TO PRESERVE ITS EXISTENCE;
(K)
SHALL CONTINUOUSLY MAINTAIN ITS EXISTENCE
AND GOOD STANDING AND BE QUALIFIED TO DO BUSINESS IN ALL STATES NECESSARY TO
CARRY ON ITS BUSINESS, INCLUDING THE STATE IN WHICH THE MORTGAGED PROPERTY IS
LOCATED;
(L)
HAS CONDUCTED AND OPERATED AND WILL
CONDUCT AND OPERATE ITS BUSINESS SOLELY IN ITS OWN NAME, WITH ALL ORAL AND
WRITTEN COMMUNICATIONS FROM BORROWER, INCLUDING, WITHOUT LIMITATION,
CORRESPONDENCE, INVOICES, PURCHASE ORDERS, BILLING STATEMENTS, APPLICATIONS AND
BUSINESS FORMS, MADE SOLELY IN THE NAME OF BORROWER;
(M)
HAS ACCURATELY MAINTAINED AND WILL CONTINUE TO
ACCURATELY MAINTAIN BOOKS, RECORDS, BANK ACCOUNTS, ACCOUNTING RECORDS, FINANCIAL
STATEMENTS AND OTHER ENTITY DOCUMENTS
102
SEPARATE FROM THOSE OF ITS PARTNERS, MEMBERS, SHAREHOLDERS, TRUSTEES,
BENEFICIARIES, PRINCIPALS, AFFILIATES, AND ANY OTHER PERSON, WITH SUCH
ACCOUNTING RECORDS AND FINANCIAL STATEMENTS HAVING BEEN PREPARED AND KEPT IN
ACCORDANCE WITH REASONABLE ACCOUNTING PRACTICES APPLIED ON A CONSISTENT BASIS,
AND SUCH FINANCIAL STATEMENTS OF BORROWER SHALL BE PREPARED IN A MANNER THAT
INDICATES (THROUGH APPROPRIATE FOOTNOTES IF NECESSARY) THE EXISTENCE OF BORROWER
AND ITS ASSETS AND LIABILITIES SEPARATE AND APART FROM ANY OTHER PERSON;
MOREOVER, BORROWER SHALL INDICATE IN ITS FINANCIAL STATEMENTS THAT THE ASSETS OF
BORROWER ARE NOT AVAILABLE TO SATISFY THE CLAIMS OF CREDITORS OF ANY AFFILIATE
OF BORROWER AND THAT THE ASSETS OF ANY AFFILIATE OF BORROWER ARE NOT AVAILABLE
TO SATISFY THE CLAIMS OF CREDITORS OF BORROWER AND, EXCEPT WITH APPROPRIATE
DESIGNATION AS SET FORTH ABOVE, BORROWER SHALL NOT AUTHORIZE ITS ASSETS OR
LIABILITIES TO BE LISTED ON THE FINANCIAL STATEMENT OF ANY OTHER PERSON;
(N)
HAS BEEN AND WILL BE, AND AT ALL TIMES HAS
HELD AND WILL HOLD ITSELF OUT TO THE PUBLIC AS, A LEGAL ENTITY SEPARATE AND
DISTINCT FROM ANY OTHER PERSON (INCLUDING ANY OF ITS PARTNERS, MEMBERS,
SHAREHOLDERS, TRUSTEES, BENEFICIARIES, PRINCIPALS AND AFFILIATES, AND ANY
AFFILIATES OF ANY OF THE SAME), AND NOT AS A DEPARTMENT OR DIVISION OF ANY
PERSON;
(O)
HAS AND WILL FILE SUCH TAX RETURNS WITH
RESPECT TO ITSELF AS MAY BE REQUIRED UNDER APPLICABLE LAW AND HAS PREPARED AND
WILL PREPARE SEPARATE TAX RETURNS AND FINANCIAL STATEMENTS, OR IF PART OF A
CONSOLIDATED GROUP, IS SHOWN AS A SEPARATE MEMBER OF SUCH GROUP;
(P)
HAS PAID