LEASES OF REAL PROPERTY UNDER WHICH ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES IS THE LESSEE, SHOWING THE STREET ADDRESS, CITY OR OTHER RELEVANT
JURISDICTION, STATE, LESSOR, LESSEE, EXPIRATION DATE AND ANNUAL RENTAL COST
THEREOF.
TO THE KNOWLEDGE OF THE APPLICABLE LOAN PARTY OR SUBSIDIARY THAT IS
THE LESSEE, EACH SUCH LEASE IS THE LEGAL, VALID AND BINDING OBLIGATION OF THE
LESSOR THEREOF, ENFORCEABLE IN ACCORDANCE WITH ITS TERMS.
(2)
To the knowledge of the applicable Loan
Party or Subsidiary that is the lessor, set forth on Schedule 4.01(r)(2) hereto
is a complete (except for non-material leases which (A) provide for annual
rental payments totaling in the aggregate (together with the annual rental
payments for all other leases not included on Schedule 4.01(r)(1) or
Schedule 4.01(r)(2)) not more than $1,000,000, and (B) have a term of not longer
than five years) and accurate list as of the date hereof of all leases of real
property under which any Loan Party is the lessor, showing as of the date hereof
the street address, city or other relevant jurisdiction, state, lessor, lessee,
expiration date and annual rental cost thereof.
To the knowledge of the
applicable Loan Party or Subsidiary that is the lessor,
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each such lease is the legal, valid and binding obligation of the lessee
thereof, enforceable in accordance with its terms.
(S)
INVESTMENTS.
SET FORTH ON SCHEDULE 4.01(S)
HERETO IS A COMPLETE AND ACCURATE LIST AS OF THE DATE HEREOF OF ALL INVESTMENTS
(OTHER THAN INVESTMENTS PERMITTED UNDER SECTION 5.02(F)(I) THROUGH (IV)) HELD BY
ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES ON THE DATE HEREOF, SHOWING THE
AMOUNT, OBLIGOR OR ISSUER AND MATURITY, IF ANY, THEREOF.
(T)
INTELLECTUAL PROPERTY.
SET FORTH ON
SCHEDULE 4.01(T) HERETO IS A COMPLETE AND ACCURATE LIST AS OF THE DATE HEREOF OF
ALL REGISTERED PATENTS, TRADEMARKS, TRADE NAMES, SERVICE MARKS AND COPYRIGHTS,
AND ALL APPLICATIONS THEREFOR AND LICENSES THEREOF, OF EACH LOAN PARTY OR ANY OF
ITS SUBSIDIARIES, SHOWING THE JURISDICTION IN WHICH REGISTERED, THE REGISTRATION
NUMBER, THE DATE OF REGISTRATION AND THE EXPIRATION DATE.
(U)
MATERIAL CONTRACTS.
SET FORTH ON
SCHEDULE 4.01(U) HERETO IS A COMPLETE AND ACCURATE LIST AS OF THE DATE HEREOF OF
ALL MATERIAL CONTRACTS OF EACH LOAN PARTY AND ITS SUBSIDIARIES, SHOWING THE
PARTIES AND TERM THEREOF.
EACH SUCH MATERIAL CONTRACT HAS BEEN DULY AUTHORIZED,
EXECUTED AND DELIVERED BY EACH LOAN PARTY PARTY THERETO, HAS NOT BEEN AMENDED OR
OTHERWISE MODIFIED, EXCEPT AS DELIVERED PRIOR TO THE DATE HEREOF OR IN THE CASE
OF MODIFICATIONS AFTER THE DATE OF THIS AGREEMENT, AS PERMITTED UNDER THE LOAN
DOCUMENTS, IS IN FULL FORCE AND EFFECT AND IS BINDING UPON AND ENFORCEABLE
AGAINST ALL PARTIES THERETO IN ACCORDANCE WITH ITS TERMS, AND THERE EXISTS NO
DEFAULT UNDER ANY MATERIAL CONTRACT THAT WOULD GIVE THE COUNTERPARTY THERETO THE
RIGHT TO TERMINATE SUCH MATERIAL CONTRACT (AFTER THE EXPIRATION OF ANY
APPLICABLE CURE PERIOD).
ARTICLE V
COVENANTS OF THE BORROWERS
SECTION 5.01. Affirmative Covenants.
So long as any Term Loan Advance or