(COLLECTIVELY, "HAZARDOUS
47
SUBSTANCES"); (III) TO THE BEST OF BORROWER'S KNOWLEDGE, AFTER DUE INQUIRY, NO
HAZARDOUS SUBSTANCES ARE OR HAVE BEEN (INCLUDING THE PERIOD PRIOR TO BORROWER'S
ACQUISITION OF THE PROPERTY), DISCHARGED, GENERATED, TREATED, DISPOSED OF OR
STORED ON, INCORPORATED IN, OR REMOVED OR TRANSPORTED FROM THE PROPERTY OTHER
THAN IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS; (IV) TO THE BEST OF BORROWER'S
KNOWLEDGE, AFTER DUE INQUIRY, NO HAZARDOUS SUBSTANCES ARE PRESENT IN, ON OR
UNDER ANY NEARBY REAL PROPERTY WHICH COULD MIGRATE TO OR OTHERWISE AFFECT THE
PROPERTY; (V) TO THE BEST OF BORROWER'S KNOWLEDGE, NO TOXIC MOLD IS ON OR ABOUT
THE PROPERTY WHICH REQUIRES REMEDIATION; AND (VI) NO UNDERGROUND STORAGE TANKS
EXIST ON THE PROPERTY AND THE PROPERTY HAS NEVER BEEN USED AS A LANDFILL.
TO
THE BEST OF BORROWER'S KNOWLEDGE, THERE HAVE BEEN NO ENVIRONMENTAL
INVESTIGATIONS, STUDIES, AUDITS, REVIEWS OR OTHER ANALYSES CONDUCTED BY OR ON
BEHALF OF BORROWER WHICH HAVE NOT BEEN PROVIDED TO LENDER.
4.22
NAME; PRINCIPAL PLACE OF BUSINESS.
BORROWER DOES
NOT USE AND WILL NOT USE ANY TRADE NAME OR HAS DONE OR WILL NOT DO BUSINESS
UNDER ANY NAME OTHER THAN ITS ACTUAL NAME SET FORTH HEREIN AND THE 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.
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,