(F)
SCHEDULE 3.11(B) ACCURATELY AND COMPLETELY IDENTIFIES, AS OF THE DATE OF
THIS AGREEMENT, WITH RESPECT TO EACH LEASE, (I) TO THE SELLERS' KNOWLEDGE, THE
CORRECT NAME OF THE
18
CURRENT LESSOR AND EACH SUPERIOR LESSOR WITH RESPECT TO EACH LEASE WHICH IS A
SUBLEASE; (II) TO THE SELLERS' KNOWLEDGE, THE ADDRESS OR ADDRESSES AT WHICH SUCH
LESSOR IS ENTITLED TO RECEIPT OF NOTICES THAT MUST OR MAY BE DELIVERED BY A
COMPANY TO SUCH LESSOR UNDER THE CORRESPONDING LEASE; (III) THE DATES UPON WHICH
THE CURRENT TERMS OF THE LEASES COMMENCED AND UPON WHICH IT WILL EXPIRE NOT
INCLUDING ANY EXTENSION OR TERMINATION RIGHTS SET FORTH IN THE CORRESPONDING
LEASE; (IV) THE PERIOD OR PERIODS OF ANY REMAINING RENEWAL OR EXTENDED TERMS OF
THE LEASE WHICH ANY COMPANY HAS THE OPTION TO EXERCISE; (V) THE CURRENT BASE
RENT PAYABLE UNDER EACH LEASE, AND ANY SCHEDULED INCREASES IN SUCH BASE RENT
DURING THE REMAINDER OF THE CURRENT TERM OF EACH LEASE; (VI) THE MANNER IN WHICH
ANY PERCENTAGE RENTS PAYABLE DURING THE CURRENT TERM OF EACH LEASE IS
DETERMINED; (VII) THE AMOUNTS ACCRUED BY THE COMPANIES UNDER EACH LEASE FOR
OCTOBER, 2007 FOR PASSTHROUGHS OF COMMON AREA MAINTENANCE COSTS PAYABLE TO THE
LESSOR AND, IF APPLICABLE, PROPERTY INSURANCE PREMIUMS AND/OR REAL ESTATE TAXES
TO BE PAID DIRECTLY BY EACH COMPANY UNDER SUCH LEASE (IN EACH CASE, BASED ON
ESTIMATES PROVIDED BY THE LESSOR IN QUESTION); (VIII) THE UNUSED OR UNAPPLIED
AMOUNT OF ANY SECURITY DEPOSIT OR LETTER OF CREDIT WHICH SUCH LESSOR HOLDS IN
CONNECTION WITH THE PERFORMANCE OF EACH COMPANY'S OBLIGATIONS UNDER EACH LEASE;
AND (IX) THE NAME AND THE ADDRESS OF ANY GUARANTOR OF OR OTHER SURETY FOR ANY
COMPANY'S OBLIGATIONS UNDER A LEASE.
(G)
TO THE SELLERS' KNOWLEDGE, SCHEDULE 3.11(B) ACCURATELY AND COMPLETELY
IDENTIFIES, AS OF THE DATE OF THIS AGREEMENT, ALL OTHER MATERIAL INSTRUMENTS AND
AGREEMENTS (I.E., OTHER THAN THE INSTRUMENTS AND AGREEMENTS IDENTIFIED ON
SCHEDULE 3. 3.9) WHICH ARE NOT RECORDED IN THE REAL PROPERTY RECORDS AND WHICH
RELATE TO THE COMPANIES' OCCUPANCY OF THE LEASED REAL PROPERTY, INCLUDING ANY
UNRECORDED PARKING AGREEMENTS, ADVERTISING AGREEMENTS, MERCHANT ASSOCIATION
AGREEMENTS, DEVELOPMENT AGREEMENTS, REDEVELOPMENT AGREEMENTS, DEVELOPMENT AND
DISPOSITION AGREEMENTS.
COMPLETE AND CORRECT COPIES OF EACH DOCUMENT SET FORTH
ON SCHEDULE 3.11(B) HAVE BEEN MADE AVAILABLE TO PURCHASER.
(H)
EXCEPT AS DISCLOSED ON SCHEDULE 3.11(H), NO COMPANY HAS RECEIVED WRITTEN
NOTICE OF ANY PROCEEDING EITHER INSTITUTED, OR PLANNED TO BE INSTITUTED,
RESPECTING ANY TAKING, CONDEMNATION, ACTION IN EMINENT DOMAIN, OR ANY VOLUNTARY
CONVEYANCE IN LIEU THEREOF, OF ANY PART OF THE LEASED REAL PROPERTY, OR ANY
INTEREST THEREIN OR RIGHT ACCRUING THERETO OR USE THEREOF AND (II) TO THE
SELLERS' KNOWLEDGE, NO TAKING OR VOLUNTARY CONVEYANCE OF ALL OR PART OF ANY
LEASED REAL PROPERTY, OR ANY INTEREST THEREIN OR RIGHT ACCRUING THERETO OR USE
THEREOF, AS THE RESULT OF, OR IN SETTLEMENT OF, ANY CONDEMNATION OR OTHER
EMINENT DOMAIN PROCEEDING BY ANY GOVERNMENTAL ENTITY AFFECTING THE LEASED REAL
PROPERTY OR ANY PORTION THEREOF HAS BEEN COMMENCED, THREATENED