ANY MATERIAL RESPECT
> > ANY PROVISION OF ANY REQUIREMENT OF LAW OR OBLIGATION OF SUCH BORROWER; AND
> >
> > (III)
WILL NOT RESULT IN THE CREATION OR IMPOSITION OF, OR THE
> > OBLIGATION TO CREATE OR IMPOSE, ANY ENCUMBRANCE UPON ANY ASSETS OF SUCH
> > BORROWER PURSUANT TO ANY REQUIREMENT OF LAW OR OBLIGATION OF SUCH BORROWER,
> > EXCEPT PURSUANT TO THE LOAN DOCUMENTS.
>
>
> (F)
THE LOAN DOCUMENTS HAVE BEEN DULY EXECUTED AND DELIVERED BY THE LEAD
> BORROWER ON BEHALF OF ITSELF AND THE OTHER BORROWERS AND ARE THE LEGAL, VALID
> AND BINDING OBLIGATIONS OF THE BORROWERS, ENFORCEABLE AGAINST THE BORROWERS IN
> ACCORDANCE WITH THEIR RESPECTIVE TERMS.
4.3
TRADE NAMES.
> (A)
EXHIBIT 4.3 IS A LISTING OF:
>
> > (I)
ALL NAMES UNDER WHICH EACH BORROWER HAS CONDUCTED ITS
> > BUSINESS WITHIN THE PAST FIVE (5) YEARS, AND
> >
> > (II)
ALL ENTITIES AND/OR PERSONS WITH WHOM EACH BORROWER EVER
> > CONSOLIDATED OR MERGED WITHIN THE PAST FIVE (5) YEARS, OR FROM WHOM EACH
> > BORROWER EVER ACQUIRED IN A SINGLE TRANSACTION OR IN A SERIES OF RELATED
> > TRANSACTIONS SUBSTANTIALLY ALL OF SUCH ENTITY'S OR PERSON'S ASSETS WITHIN
> > THE PAST FIVE (5) YEARS.
>
>
> (B)
THE LEAD BORROWER WILL PROVIDE THE AGENT WITH NOT LESS THAN TWENTY‐ONE
> (21) DAYS PRIOR WRITTEN NOTICE (WITH REASONABLE PARTICULARITY) OF ANY CHANGE
> TO ANY BORROWER'S NAME FROM THAT UNDER WHICH SUCH BORROWER IS CONDUCTING ITS
> BUSINESS AT THE EXECUTION OF THIS AGREEMENT AND SUCH BORROWER WILL NOT EFFECT
> SUCH CHANGE UNLESS SUCH BORROWER IS THEN IN COMPLIANCE WITH ALL PROVISIONS OF
> THIS AGREEMENT.
>
>
> 4.4
INFRASTRUCTURE.
>
>
> (A)
THE BORROWERS HAVE AND WILL MAINTAIN A SUFFICIENT INFRASTRUCTURE TO
> CONDUCT THEIR BUSINESS AS PRESENTLY CONDUCTED AND AS CONTEMPLATED TO BE
> CONDUCTED AS DESCRIBED IN THE BUSINESS PLAN.
>
>
> (B)
EACH BORROWER OWNS AND POSSESSES, OR HAS THE RIGHT TO USE (AND WILL
> HEREAFTER OWN, POSSESS, OR HAVE SUCH RIGHT TO USE) ALL PATENTS, INDUSTRIAL
> DESIGNS, TRADEMARKS, TRADE NAMES, TRADE STYLES, BRAND NAMES, SERVICE MARKS,
> LOGOS, COPYRIGHTS, TRADE SECRETS, KNOW-HOW, CONFIDENTIAL INFORMATION, AND
> OTHER INTELLECTUAL OR PROPRIETARY PROPERTY OF ANY THIRD PERSON NECESSARY FOR
> THE BORROWERS' CONDUCT OF THE BORROWERS' BUSINESS.
>
>
> (C)
THE CONDUCT BY THE BORROWERS OF THE BORROWERS' BUSINESS DOES NOT
> PRESENTLY INFRINGE (NOR WILL THE BORROWERS CONDUCT THEIR BUSINESS IN THE
> FUTURE SO AS TO INFRINGE) THE PATENTS, INDUSTRIAL DESIGNS, TRADEMARKS, TRADE
> NAMES, TRADE STYLES, BRAND NAMES, SERVICE MARKS, LOGOS, COPYRIGHTS, TRADE
> SECRETS, KNOW-HOW, CONFIDENTIAL INFORMATION, OR OTHER INTELLECTUAL OR
> PROPRIETARY PROPERTY OF ANY THIRD PERSON.
4.5
INTENTIONALLY LEFT BLANK.
4.6
LOCATIONS.
> (A)
THE COLLATERAL, AND THE BOOKS, RECORDS, AND PAPERS OF THE BORROWERS
> PERTAINING THERETO, ARE CURRENTLY KEPT AND MAINTAINED SOLELY AT THE BORROWERS'
> CHIEF EXECUTIVE OFFICES AND