ANY OF THEIR SUBSIDIARIES FILES WITH
THE SECURITIES EXCHANGE COMMISSION;
(X)
PROMPTLY UPON THE DISTRIBUTION THEREOF TO THE PRESS OR THE PUBLIC, COPIES OF ALL
PRESS RELEASES; AND
(XI)
SUCH OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, FINANCIAL STATEMENTS FOR
THE BORROWER AND NON-FINANCIAL INFORMATION) AS THE ADMINISTRATIVE AGENT OR ANY
LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
If any information which is required to be furnished to the Lenders under this
Section 7.1 is required by law or regulation to be filed by the Borrower with a
government body on an earlier date than is hereby required, then the information
required hereunder shall be furnished to the Lenders at such earlier date.
7.2.
USE OF PROCEEDS.
THE GENERAL PARTNER AND THE
BORROWER WILL, AND WILL CAUSE EACH OF THEIR SUBSIDIARIES TO, USE THE PROCEEDS OF
THE ADVANCES FOR THE GENERAL BUSINESS PURPOSES OF THE BORROWER, INCLUDING
WORKING CAPITAL NEEDS AND INTERIM FINANCING FOR PROPERTY ACQUISITIONS OF NEW
PROJECTS, CONSTRUCTION OF NEW IMPROVEMENTS OR EXPANSIONS OF EXISTING
IMPROVEMENTS ON PROJECTS, AND TO REPAY OUTSTANDING ADVANCES.
THE GENERAL
PARTNER AND THE BORROWER WILL NOT, NOR WILL THEY PERMIT ANY SUBSIDIARY TO, USE
ANY OF THE PROCEEDS OF THE ADVANCES (I) TO PURCHASE OR CARRY ANY "MARGIN STOCK"
(AS DEFINED IN REGULATION G OR U) OR (II) TO FUND ANY PURCHASE OF, OR OFFER FOR,
ANY CAPITAL STOCK OF ANY PERSON, UNLESS SUCH PERSON HAS CONSENTED TO SUCH OFFER
PRIOR TO ANY PUBLIC ANNOUNCEMENTS RELATING THERETO AND THE REQUIRED LENDERS HAVE
CONSENTED TO SUCH USE OF THE PROCEEDS OF SUCH ADVANCE.
7.3.
NOTICE OF DEFAULT.
THE GENERAL PARTNER AND
THE BORROWER WILL GIVE, AND WILL CAUSE EACH OF THEIR SUBSIDIARIES TO GIVE,
PROMPT NOTICE IN WRITING TO THE LENDERS OF THE OCCURRENCE OF (I) ANY DEFAULT OR
UNMATURED DEFAULT AND (II) OF ANY OTHER DEVELOPMENT, FINANCIAL OR OTHERWISE,
WHICH COULD HAVE A MATERIAL ADVERSE EFFECT.
7.4.
CONDUCT OF BUSINESS.
THE GENERAL PARTNER AND
THE BORROWER WILL DO, AND WILL CAUSE EACH OF THEIR SUBSIDIARIES TO DO, ALL
THINGS NECESSARY TO REMAIN DULY INCORPORATED AND/OR DULY QUALIFIED, VALIDLY
EXISTING AND IN GOOD STANDING AS A REAL ESTATE INVESTMENT TRUST, CORPORATION,
GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, AS THE CASE MAY BE, IN ITS
JURISDICTION OF INCORPORATION/FORMATION AND MAINTAIN ALL REQUISITE AUTHORITY TO
CONDUCT ITS BUSINESS IN EACH JURISDICTION IN WHICH ITS BUSINESS IS CONDUCTED AND
TO CARRY ON AND CONDUCT ITS BUSINESSES IN SUBSTANTIALLY THE SAME MANNER AS IT IS
PRESENTLY CONDUCTED AND, SPECIFICALLY, NEITHER THE GENERAL PARTNER, THE BORROWER
NOR THEIR RESPECTIVE SUBSIDIARIES WILL UNDERTAKE ANY BUSINESS OTHER THAN THE
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acquisition, development, ownership, management, operation and leasing of
office, industrial and retail properties and ancillary businesses specifically
related thereto, including its third party construction business except that the
Borrower and its Subsidiaries may invest in (i) land, (ii)
non-office/industrial/retail property holdings, (iii) stock holdings, (iv)
mortgages (v) passive non-real estate investments and (vi) joint ventures and
partnerships, provided that the total investment in any one of the first five of
the foregoing