INVESTMENTS FOR WHICH LENDER HAS GIVEN ITS PRIOR WRITTEN CONSENT.
ALL
INSTRUMENTS AND DOCUMENTS EVIDENCING SUCH INVESTMENTS SHALL BE PLEDGED TO LENDER
PROMPTLY AFTER BORROWER'S RECEIPT THEREOF, SHALL BE SECURITY FOR THE
OBLIGATIONS, AND SHALL BE COLLATERAL HEREUNDER.
7.41
PAYMENT OF TAXES.
BORROWER SHALL PAY AND
DISCHARGE, BEFORE THEY BECOME DELINQUENT, ALL TAXES, ASSESSMENTS AND OTHER
GOVERNMENTAL CHARGES IMPOSED UPON IT, ITS PROPERTIES, OR ANY PART THEREOF, OR
UPON THE INCOME OR PROFITS THEREFROM AND ALL CLAIMS FOR LABOR, MATERIALS OR
SUPPLIES WHICH IF UNPAID MIGHT BE OR BECOME A LIEN OR CHARGE UPON ANY OF ITS
PROPERTY, EXCEPT SUCH ITEMS AS IT IS IN GOOD FAITH APPROPRIATELY CONTESTING AND
AS TO WHICH ADEQUATE RESERVES HAVE BEEN PROVIDED TO LENDER'S REASONABLE
SATISFACTION.
7.42
MAINTENANCE OF PROPERTIES AND LEASES.
BORROWER
SHALL (I) MAINTAIN, PRESERVE AND KEEP ITS PROPERTIES, INCLUDING, WITHOUT
LIMITATION, THE COLLATERAL, AND EVERY PART THEREOF IN GOOD REPAIR, WORKING ORDER
AND CONDITION (EXCEPT FOR SUCH PROPERTIES AS BORROWER IN GOOD FAITH DETERMINES
ARE NOT USEFUL IN THE CONDUCT OF ITS BUSINESS), (II) FROM TIME TO TIME MAKE ALL
NECESSARY AND CUSTOMARY PROPERTY REPAIRS, RENEWALS, REPLACEMENTS, ADDITIONS AND
IMPROVEMENTS THERETO SO THAT AT ALL TIMES THE EFFICIENCY THEREOF SHALL BE FULLY
PRESERVED AND MAINTAINED, AND (III) MAINTAIN ALL LEASES OF REAL OR PERSONAL
PROPERTY IN GOOD STANDING, FREE OF ANY DEFAULTS BY BORROWER THEREUNDER.
7.43
Material Contracts.
Borrower shall not enter
into any material contract related to the construction or operation of the
Biodiesel Plant without the prior written consent of Lender.
7.44
Intentionally Omitted.
7.45
COMPLIANCE WITH ANTI-TERRORISM ORDERS.
BORROWER
WARRANTS, REPRESENTS AND COVENANTS THAT BORROWER, NOR ANY OF ITS AFFILIATED
ENTITIES IS OR WILL BE AN ENTITY OR PERSON (I) THAT IS LISTED IN THE ANNEX TO,
OR IS OTHERWISE SUBJECT TO THE PROVISIONS OF, EXECUTIVE ORDER 13224, 66 FED.
REG. 49079 (SEPT. 25, 2001) (HEREIN REFERRED TO AS "EO13224"), (II) WHOSE NAME
APPEARS ON THE UNITED STATES TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS
CONTROL ("OFAC") MOST CURRENT LIST OF "SPECIFICALLY DESIGNED NATIONAL AND
BLOCKED PERSONS" (WHICH LIST MAY BE PUBLISHED FROM TIME TO TIME IN VARIOUS
MEDIUMS INCLUDING, BUT NOT LIMITED TO, THE OFAC WEBSITE,
), OR (III) WHOSE NAME APPEARS ON ANY OTHER
SUCH LIST ISSUED
66
PURSUANT TO EO13224.
(ANY AND ALL PARTIES OR PERSONS DESCRIBED IN SUBPARTS
(I) THROUGH (III) ABOVE ARE HEREIN REFERRED TO AS "PROHIBITED PERSONS").
IN
ADDITION, BORROWER FURTHER WARRANTS, REPRESENTS AND COVENANTS THAT BORROWER WILL
NOT PERMIT THE TRANSFER OF ANY INTEREST IN BORROWER TO ANY PROHIBITED PERSON.
BORROWER COVENANTS AND AGREES THAT BORROWER WILL (I) CONDUCT ANY BUSINESS, NOR
ENGAGE IN ANY TRANSACTION OR DEALING WITH ANY PROHIBITED PERSON, INCLUDING, BUT
NOT LIMITED TO, THE MAKING OR RECEIVING OF FUNDS, GOODS, OR SERVICES TO OR FOR
THE BENEFIT OF A PROHIBITED PERSON, OR (II) ENGAGE IN OR CONSPIRE TO ENGAGE IN
ANY TRANSACTION THAT EVADES OR AVOIDS, OR HAS THE PURPOSE OF EVADING OR
AVOIDING, OR ATTEMPTS TO VIOLATE, ANY OF THE PROHIBITIONS SET FORTH IN EO13224.
BORROWER