TO A
TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
THEORY).
EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR
ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH
OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE
FOREGOING WAIVER AND
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(B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER
INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE
MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
10.16
USA PATRIOT Act Notice.
Each Lender that is subject to the Act (as
hereinafter defined) and the Administrative Agent (for itself and not on behalf
of any Lender) hereby notifies the Borrower that pursuant to the requirements of
the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26,
2001)) (the "Act"), it is required to obtain, verify and record information that
identifies the Borrower, which information includes the name and address of the
Borrower and other information that will allow such Lender or the Administrative
Agent, as applicable, to identify the Borrower in accordance with the Act.
10.17
TIME OF THE ESSENCE.
TIME IS OF THE ESSENCE OF THE LOAN DOCUMENTS.
10.18
ENTIRE AGREEMENT.
THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS
REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE
PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
10.19
RECOURSE.
Lender's recourse under this Agreement and the other Loan Documents shall be
limited to the assets of the Borrower and none of Borrower's officers,
directors, agents, or employees shall have any recourse or liability whatsoever
in connection with the this Agreement or the other Loan Documents.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as a sealed instrument as of the date first above written.
BORROWER:
BOSTON CAPITAL REAL ESTATE
INVESTMENT TRUST, INC., a Maryland
corporation
By:
/s/ Jeffrey H. Goldstein
Name:
Jeffrey H. Goldstein
Title:
President and Chief Operating Officer
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WACHOVIA BANK, NATIONAL
ASSOCIATION, as
Administrative Agent
By:
/s/ Peter D. Leahy
Name: PETER D. LEAHY
Title: SENIOR VICE PRESIDENT
2
WACHOVIA BANK, NATIONAL
ASSOCIATION, as a Lender and L/C Issuer
By:
/s/ Peter D. Leahy
Name: PETER D. LEAHY
Title: SENIOR VICE PRESIDENT
3