(A)(I),
(II), (III) AND (IV) OF THIS SECTION 5.1.15.
5.1.16
LOAN PROCEEDS.
BORROWER SHALL USE THE PROCEEDS OF THE LOAN RECEIVED
BY IT ON THE CLOSING DATE ONLY FOR THE PURPOSES SET FORTH IN SECTION 2.1.4.
5.1.17
PERFORMANCE BY BORROWER.
BORROWER SHALL IN A TIMELY MANNER OBSERVE,
PERFORM AND FULFILL EACH AND EVERY COVENANT, TERM AND PROVISION OF EACH LOAN
DOCUMENT EXECUTED AND DELIVERED BY, OR APPLICABLE TO, BORROWER, AND SHALL NOT
ENTER INTO OR OTHERWISE SUFFER OR PERMIT ANY AMENDMENT, WAIVER, SUPPLEMENT,
TERMINATION OR OTHER MODIFICATION OF ANY LOAN DOCUMENT EXECUTED AND DELIVERED
BY, OR APPLICABLE TO, BORROWER WITHOUT THE PRIOR WRITTEN
41
CONSENT OF LENDER.
BORROWER SHALL OBSERVE AND PERFORM, AND CAUSE SELLER TO
OBSERVE AND PERFORM, ITS SURVIVING OBLIGATIONS UNDER THE PURCHASE CONTRACT.
5.1.18
CONFIRMATION OF REPRESENTATIONS.
BORROWER SHALL DELIVER, IN
CONNECTION WITH ANY SECURITIZATION, (A) ONE OR MORE OFFICER'S CERTIFICATES
CERTIFYING AS TO THE ACCURACY OF ALL REPRESENTATIONS MADE BY BORROWER IN THE
LOAN DOCUMENTS AS OF THE DATE OF THE CLOSING OF SUCH SECURITIZATION, AND
(B) CERTIFICATES OF THE RELEVANT GOVERNMENTAL AUTHORITIES IN ALL RELEVANT
JURISDICTIONS INDICATING THE GOOD STANDING AND QUALIFICATION OF BORROWER AND ITS
MEMBER AS OF THE DATE OF THE SECURITIZATION.
5.1.19
NO JOINT ASSESSMENT.
BORROWER SHALL NOT SUFFER, PERMIT OR INITIATE
THE JOINT ASSESSMENT OF THE PROPERTY (A) WITH ANY OTHER REAL PROPERTY
CONSTITUTING A TAX LOT SEPARATE FROM THE PROPERTY, AND (B) WHICH CONSTITUTES
REAL PROPERTY WITH ANY PORTION OF THE PROPERTY WHICH MAY BE DEEMED TO CONSTITUTE
PERSONAL PROPERTY, OR ANY OTHER PROCEDURE WHEREBY THE LIEN OF ANY TAXES WHICH
MAY BE LEVIED AGAINST SUCH PERSONAL PROPERTY SHALL BE ASSESSED OR LEVIED OR
CHARGED TO SUCH REAL PROPERTY PORTION OF THE PROPERTY.
5.1.20
LEASING MATTERS.
ANY LEASES WITH RESPECT TO THE PROPERTY WRITTEN
AFTER THE CLOSING DATE FOR MORE THAN THE RELEVANT LEASING THRESHOLD SQUARE
FOOTAGE SHALL BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF LENDER, WHICH APPROVAL
MAY BE GIVEN OR WITHHELD IN THE SOLE DISCRETION OF LENDER.
LENDER SHALL APPROVE
OR DISAPPROVE ANY SUCH LEASE, OTHER THAN A LEASE FOR ALL OR SUBSTANTIALLY ALL OF
THE PROPERTY WHICH SHALL NOT BE SUBJECT TO SUCH TEN BUSINESS-DAY PERIOD, WITHIN
TEN (10) BUSINESS DAYS OF LENDER'S RECEIPT OF A FINAL EXECUTION DRAFT OF SUCH
LEASE (INCLUDING ALL EXHIBITS, SCHEDULES, SUPPLEMENTS, ADDENDA OR OTHER
AGREEMENTS RELATING THERETO) AND A WRITTEN NOTICE FROM BORROWER REQUESTING
LENDER'S APPROVAL TO SUCH LEASE, AND SUCH LEASE SHALL BE DEEMED APPROVED, IF
LENDER DOES NOT DISAPPROVE SUCH LEASE WITHIN SAID TEN (10) BUSINESS DAY PERIOD
PROVIDED SUCH WRITTEN NOTICE CONSPICUOUSLY STATES, IN LARGE BOLD TYPE, THAT
"PURSUANT TO SECTION 5.1.20 OF THE LOAN AGREEMENT, THE LEASE SHALL BE DEEMED
APPROVED IF LENDER DOES NOT RESPOND TO THE CONTRARY WITHIN TEN (10) BUSINESS
DAYS OF LENDER'S RECEIPT OF SUCH LEASE AND WRITTEN NOTICE".
BORROWER SHALL
FURNISH LENDER WITH EXECUTED COPIES OF ALL LEASES.
ALL RENEWALS OF LEASES AND
ALL PROPOSED LEASES SHALL PROVIDE FOR RENTAL RATES COMPARABLE TO EXISTING LOCAL
MARKET RATES (UNLESS SUCH RENTAL