THERETO IN ACCORDANCE WITH GAAP, IF APPROPRIATE, OR UNLESS AND UNTIL
FORECLOSURE, DISTRAINT SALE OR OTHER SIMILAR PROCEEDINGS SHALL HAVE BEEN
COMMENCED.
21.2
CONDUCT OF BUSINESS.
TENANT SHALL NOT ENGAGE IN ANY BUSINESS OTHER THAN
THE LEASING AND OPERATION OF THE LEASED PROPERTY (INCLUDING ANY INCIDENTAL OR
ANCILLARY BUSINESS RELATING THERETO) AND SHALL DO OR CAUSE TO BE DONE ALL THINGS
NECESSARY TO PRESERVE, RENEW AND KEEP IN FULL FORCE AND EFFECT AND IN GOOD
STANDING ITS LEGAL EXISTENCE AND ITS RIGHTS AND LICENSES NECESSARY TO CONDUCT
SUCH BUSINESS.
21.3
MAINTENANCE OF ACCOUNTS AND RECORDS.
TENANT SHALL KEEP TRUE RECORDS AND
BOOKS OF ACCOUNT OF TENANT IN WHICH FULL, TRUE AND CORRECT ENTRIES WILL BE MADE
OF DEALINGS AND TRANSACTIONS IN RELATION TO THE BUSINESS AND AFFAIRS OF TENANT
IN ACCORDANCE WITH GAAP.
TENANT SHALL APPLY ACCOUNTING PRINCIPLES IN THE
PREPARATION OF THE FINANCIAL STATEMENTS OF TENANT WHICH, IN THE JUDGMENT OF AND
THE OPINION OF ITS INDEPENDENT PUBLIC ACCOUNTANTS, ARE IN ACCORDANCE WITH GAAP,
WHERE APPLICABLE, EXCEPT FOR CHANGES APPROVED BY SUCH INDEPENDENT PUBLIC
ACCOUNTANTS.
TENANT SHALL PROVIDE TO LANDLORD EITHER IN A FOOTNOTE TO THE
FINANCIAL STATEMENTS DELIVERED UNDER SECTION 17.2 WHICH RELATE TO THE PERIOD IN
WHICH SUCH CHANGE OCCURS, OR IN SEPARATE SCHEDULES TO SUCH FINANCIAL STATEMENTS,
INFORMATION SUFFICIENT TO SHOW THE EFFECT OF ANY SUCH CHANGES ON SUCH FINANCIAL
STATEMENTS.
21.4
NOTICE OF LITIGATION, ETC.
TENANT SHALL GIVE PROMPT NOTICE TO LANDLORD OF
ANY LITIGATION OR ANY ADMINISTRATIVE PROCEEDING TO WHICH IT MAY HEREAFTER BECOME
A PARTY OF WHICH TENANT HAS NOTICE OR ACTUAL KNOWLEDGE WHICH INVOLVES A
POTENTIAL LIABILITY EQUAL TO OR GREATER THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000) OR WHICH MAY OTHERWISE RESULT IN ANY MATERIAL ADVERSE CHANGE IN THE
BUSINESS, OPERATIONS, PROPERTY, PROSPECTS, RESULTS OF OPERATION OR CONDITION,
FINANCIAL OR OTHER, OF TENANT.
FORTHWITH UPON TENANT OBTAINING KNOWLEDGE OF ANY
DEFAULT, EVENT OF DEFAULT OR ANY DEFAULT OR EVENT OF DEFAULT UNDER ANY AGREEMENT
RELATING TO INDEBTEDNESS FOR MONEY BORROWED IN AN AGGREGATE AMOUNT EXCEEDING, AT
ANY ONE TIME, TWO HUNDRED
62
FIFTY THOUSAND DOLLARS ($250,000), OR ANY EVENT OR CONDITION THAT WOULD BE
REQUIRED TO BE DISCLOSED IN A CURRENT REPORT FILED BY TENANT ON FORM 8-K OR IN
PART II OF A QUARTERLY REPORT ON FORM 10-Q IF TENANT WERE REQUIRED TO FILE SUCH
REPORTS UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, TENANT SHALL
FURNISH NOTICE THEREOF TO LANDLORD SPECIFYING THE NATURE AND PERIOD OF EXISTENCE
THEREOF AND WHAT ACTION TENANT HAS TAKEN OR IS TAKING OR PROPOSES TO TAKE WITH
RESPECT THERETO.
21.5
INDEBTEDNESS OF TENANT.
TENANT SHALL NOT CREATE, INCUR, ASSUME OR
GUARANTEE, OR PERMIT TO EXIST, OR BECOME OR REMAIN LIABLE DIRECTLY OR INDIRECTLY
UPON, ANY INDEBTEDNESS EXCEPT THE FOLLOWING:
(A)
INDEBTEDNESS OF TENANT TO LANDLORD;
(B)
INDEBTEDNESS OF TENANT FOR IMPOSITIONS, TO THE EXTENT THAT PAYMENT
THEREOF SHALL NOT AT THE TIME BE REQUIRED TO BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE 8;
(C)
INDEBTEDNESS OF TENANT IN RESPECT OF