U.S.C. 105 OR ANY OTHER DEBTOR RELIEF LAW OF ANY
JURISDICTION WHATSOEVER, NOW OR HEREAFTER IN EFFECT, WHICH MAY BE OR BECOME
APPLICABLE, TO STAY, INTERDICT, CONDITION, REDUCE OR INHIBIT THE ABILITY OF
LENDER TO ENFORCE ANY RIGHTS OF LENDER AGAINST ANY GUARANTOR OR INDEMNITOR OF
THE INDEBTEDNESS OR THE OBLIGATIONS OR ANY OTHER PARTY LIABLE WITH RESPECT
THERETO BY VIRTUE OF ANY INDEMNITY, GUARANTY OR OTHERWISE.
5.25
USA PATRIOT ACT.
LENDER HEREBY NOTIFIES BORROWER
AND GUARANTOR THAT PURSUANT TO THE REQUIREMENTS OF THE PATRIOT ACT, LENDER IS
REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES BORROWER AND
GUARANTOR AND WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF BORROWER AND
GUARANTOR AND OTHER INFORMATION THAT WILL ALLOW LENDER TO IDENTIFY BORROWER AND
GUARANTOR IN ACCORDANCE WITH THE PATRIOT ACT.
WITHOUT THE PRIOR WRITTEN CONSENT
OF LENDER, NEITHER BORROWER NOR GUARANTOR WILL: (1) BE OR BECOME SUBJECT AT ANY
TIME TO ANY LAW, REGULATION, OR LIST OF ANY GOVERNMENT AGENCY (INCLUDING,
WITHOUT LIMITATION, THE U.S. OFFICE OF FOREIGN ASSET CONTROL LIST) THAT
PROHIBITS OR LIMITS LENDER FROM MAKING ANY ADVANCE OR EXTENSION OF CREDIT TO
BORROWER OR GUARANTOR OR FROM OTHERWISE CONDUCTING BUSINESS WITH BORROWER OR
GUARANTOR, OR (2) FAIL TO PROVIDE DOCUMENTARY AND OTHER EVIDENCE OF BORROWER'S
OR GUARANTOR'S IDENTITY AS MAY BE REQUESTED BY LENDER AT ANY TIME TO ENABLE
LENDER TO VERIFY BORROWER'S AND GUARANTOR'S IDENTITY OR TO COMPLY WITH ANY
APPLICABLE LAW OR REGULATION, INCLUDING, WITHOUT LIMITATION, SECTION 326 OF THE
USA PATRIOT ACT OF 2001, 31 U.S.C. SECTION 5318.
26
ARTICLE VI
ASSIGNMENTS, CASUALTY, CONDEMNATION AND RESERVES
6.1
ASSIGNMENT OF CONTRACTS.
AS ADDITIONAL
SECURITY FOR THE PAYMENT OF THE LOAN, BORROWER HEREBY TRANSFERS AND ASSIGNS TO
LENDER ALL OF BORROWER'S RIGHTS AND INTEREST, BUT NOT ITS OBLIGATIONS, IN, UNDER
AND TO EACH CONTRACT UPON THE FOLLOWING TERMS AND CONDITIONS:
(A)
BORROWER REPRESENTS AND WARRANTS THAT THE COPY OF EACH CONTRACT
BORROWER HAS FURNISHED OR WILL FURNISH TO LENDER IS OR WILL BE (AS APPLICABLE) A
TRUE AND COMPLETE COPY THEREOF, INCLUDING ALL AMENDMENTS THERETO, IF ANY, AND
THAT BORROWER'S INTEREST THEREIN IS NOT SUBJECT TO ANY ENCUMBRANCE OTHER THAN IN
FAVOR OF LENDER.
(B)
NEITHER THIS ASSIGNMENT NOR ANY ACTION BY LENDER SHALL CONSTITUTE
AN ASSUMPTION BY LENDER OF ANY OBLIGATIONS UNDER ANY CONTRACT, AND BORROWER
SHALL CONTINUE TO BE LIABLE FOR ALL OBLIGATIONS OF BORROWER THEREUNDER, BORROWER
HEREBY AGREEING TO PERFORM ALL OF ITS MATERIAL OBLIGATIONS UNDER EACH CONTRACT.
EXCEPT FOR THOSE LOSSES, COSTS, LIABILITIES OR EXPENSES THAT ARE CAUSED BY THE
WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF LENDER, BORROWER AGREES TO INDEMNIFY
AND HOLD LENDER HARMLESS AGAINST AND FROM ANY LOSS, COST, LIABILITY OR EXPENSE
(INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) RESULTING FROM ANY FAILURE OF
BORROWER TO SO PERFORM.
(C)
DURING A CONTINUING EVENT OF DEFAULT, LENDER SHALL HAVE THE RIGHT
AT ANY TIME (BUT SHALL HAVE NO OBLIGATION) TO TAKE IN ITS NAME OR IN THE NAME OF
BORROWER SUCH ACTION AS LENDER MAY AT ANY TIME DETERMINE TO