(OTHER THAN PERMITTED LIENS);
(V)
A NOTATION WHETHER OR NOT THE SUBSIDIARY IS A GUARANTOR AND, IF
NOT, A DESCRIPTION OF THE BASIS ON WHICH THE SUBSIDIARY IS NOT REQUIRED TO BE A
GUARANTOR PURSUANT TO SECTION 6.13; AND
(VI)
THE AMOUNT OF REVENUE OF THE SUBSIDIARY FOR THE SIX MONTH PERIOD
ENDED JUNE 30, 2006.
(B)
THE BORROWER HAS NO EQUITY INVESTMENTS IN ANY OTHER PERSON OTHER
THAN THOSE SPECIFICALLY DISCLOSED IN PART (B) OF SCHEDULE 5.13 AND SET FORTH AS
PART OF SCHEDULE 5.13(B) IS AN IDENTIFICATION OF THOSE ENTITIES THAT ARE
MATERIAL JOINT VENTURES.
57
(C)
AS OF THE CLOSING DATE, THE BORROWER HAS NO SUBSIDIARIES THAT
WOULD BE REQUIRED TO BECOME SUBSIDIARY GUARANTORS PURSUANT TO SECTION 6.13(A)
OTHER THAN THOSE SUBSIDIARIES THAT ARE SUBSIDIARY GUARANTORS.
5.14
MARGIN REGULATIONS; INVESTMENT COMPANY ACT; REIT STATUS.
(A)
THE BORROWER IS NOT ENGAGED AND WILL NOT ENGAGE, PRINCIPALLY OR AS
ONE OF ITS IMPORTANT ACTIVITIES, IN THE BUSINESS OF PURCHASING OR CARRYING
MARGIN STOCK (WITHIN THE MEANING OF REGULATION U ISSUED BY THE FRB), OR
EXTENDING CREDIT FOR THE PURPOSE OF PURCHASING OR CARRYING MARGIN STOCK.
(B)
NONE OF THE BORROWER, ANY PERSON CONTROLLING THE BORROWER, OR ANY
SUBSIDIARY IS OR IS REQUIRED TO BE REGISTERED AS AN "INVESTMENT COMPANY" UNDER
THE INVESTMENT COMPANY ACT OF 1940.
(C)
THE BORROWER MEETS ALL REQUIREMENTS TO QUALIFY AS A REIT.
NO
SUBSIDIARY IS REQUIRED TO QUALIFY AS A REIT ON OR AFTER THE CLOSING DATE.
5.15
DISCLOSURE.
The Borrower has disclosed to the Administrative Agent and the Lenders all
agreements, instruments and corporate or other restrictions to which it or any
of its Subsidiaries is subject, and all other matters known to it, that,
individually or in the aggregate, could reasonably be expected to result in a
Material Adverse Effect.
No report, financial statement, certificate or other
information furnished (whether in writing or orally) by or on behalf of the
Borrower or any of its Subsidiaries to the Administrative Agent or any Lender in
connection with the transactions contemplated hereby and the negotiation of this
Agreement or delivered hereunder or under any other Loan Document (in each case,
as modified or supplemented by other information so furnished) contains any
material misstatement of fact or omits to state any material fact necessary to
make the statements therein, in the light of the circumstances under which they
were made, not misleading; provided that, with respect to projected financial
information, the Borrower represents only that such information was prepared in
good faith based upon assumptions believed to be reasonable at the time.
5.16
COMPLIANCE WITH LAWS.
Each of the Borrower and each Subsidiary is in compliance in all material
respects with the requirements of all Laws and all orders, writs, injunctions
and decrees applicable to it or to its properties, except in such instances in
which (a) such requirement of Law or order, writ, injunction or decree is being
contested in good faith by appropriate proceedings diligently conducted or (b)
the failure to comply