OWNERSHIP AND OPERATION OF THE PROPERTY;
(VII)
IS NOT NOW, NOR HAS EVER BEEN, PARTY TO ANY LAWSUIT, ARBITRATION,
SUMMONS, OR LEGAL PROCEEDING THAT RESULTED IN A JUDGMENT AGAINST IT THAT HAS NOT
BEEN PAID IN FULL; AND
(VIII)
HAS NO MATERIAL CONTINGENT OR ACTUAL OBLIGATIONS NOT RELATED TO
THE PROPERTY.
4.1.30.
MANAGEMENT AGREEMENT.
THE MANAGEMENT AGREEMENT IS IN FULL FORCE AND
EFFECT AND THERE IS NO DEFAULT THEREUNDER BY BORROWER OR, TO BORROWER'S
KNOWLEDGE, ANY OTHER PARTY THERETO AND NO EVENT HAS OCCURRED THAT, WITH THE
PASSAGE OF TIME AND/OR THE GIVING OF NOTICE WOULD CONSTITUTE A DEFAULT BY
BORROWER OR, TO BORROWER'S KNOWLEDGE, ANY OTHER PARTY THEREUNDER.
4.1.31.
ILLEGAL ACTIVITY.
NO PORTION OF THE PROPERTY HAS BEEN OR WILL BE
PURCHASED WITH PROCEEDS OF ANY ILLEGAL ACTIVITY.
4.1.32.
NO CHANGE IN FACTS OR CIRCUMSTANCES; DISCLOSURE.
ALL INFORMATION
SUBMITTED BY, OR ON BEHALF OF, ANY BORROWER PARTY TO LENDER AND IN ALL FINANCIAL
STATEMENTS, RENT ROLLS, REPORTS, CERTIFICATES AND OTHER DOCUMENTS SUBMITTED BY,
OR ON BEHALF OF, ANY BORROWER PARTY TO LENDER IN CONNECTION WITH THE LOAN OR IN
SATISFACTION OF THE TERMS THEREOF AND ALL STATEMENTS OF FACT MADE BY ANY
BORROWER PARTY IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT, ARE ACCURATE,
COMPLETE AND CORRECT IN ALL MATERIAL RESPECTS.
THERE HAS BEEN NO MATERIAL
ADVERSE CHANGE IN ANY CONDITION, FACT, CIRCUMSTANCE OR EVENT THAT WOULD MAKE ANY
SUCH INFORMATION INACCURATE, INCOMPLETE OR OTHERWISE MISLEADING IN ANY MATERIAL
RESPECT OR THAT OTHERWISE COULD REASONABLY BE EXPECTED TO RESULT IN A MATERIAL
ADVERSE EFFECT.
BORROWER HAS DISCLOSED TO LENDER ALL MATERIAL FACTS AND HAS
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NOT FAILED TO DISCLOSE ANY MATERIAL FACT THAT COULD CAUSE ANY PROVIDED
INFORMATION OR REPRESENTATION OR WARRANTY MADE HEREIN TO BE MATERIALLY
MISLEADING.
4.1.33.
INVESTMENT COMPANY ACT.
BORROWER IS NOT (A) AN "INVESTMENT COMPANY"
OR A COMPANY "CONTROLLED" BY AN "INVESTMENT COMPANY," WITHIN THE MEANING OF THE
INVESTMENT COMPANY ACT OF 1940, AS AMENDED; (B) A "HOLDING COMPANY" OR A
"SUBSIDIARY COMPANY" OF A "HOLDING COMPANY" OR AN "AFFILIATE" OF EITHER A
"HOLDING COMPANY" OR A "SUBSIDIARY COMPANY" WITHIN THE MEANING OF THE PUBLIC
UTILITY HOLDING COMPANY ACT OF 1935, AS AMENDED; OR (C) SUBJECT TO ANY OTHER
FEDERAL OR STATE LAW OR REGULATION WHICH PURPORTS TO RESTRICT OR REGULATE ITS
ABILITY TO BORROW MONEY.
4.1.34.
EMBARGOED PERSON.
AT ALL TIMES THROUGHOUT THE TERM OF THE LOAN,
INCLUDING AFTER GIVING EFFECT TO ANY TRANSFERS PERMITTED PURSUANT TO THE LOAN
DOCUMENTS, (A) NONE OF THE FUNDS OR OTHER ASSETS OF ANY BORROWER PARTY
CONSTITUTE PROPERTY OF, OR ARE BENEFICIALLY OWNED, DIRECTLY OR INDIRECTLY, BY
ANY PERSON, ENTITY OR GOVERNMENT SUBJECT TO TRADE RESTRICTIONS UNDER U.S. LAW,
INCLUDING, BUT NOT LIMITED TO, THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT,
50 U.S.C. §§ 1701 ET SEQ., THE TRADING WITH THE ENEMY ACT, 50 U.S.C. APP. 1 ET
SEQ., AND ANY EXECUTIVE ORDERS OR REGULATIONS PROMULGATED THEREUNDER WITH THE
RESULT THAT THE INVESTMENT IN ANY BORROWER PARTY (WHETHER DIRECTLY OR
INDIRECTLY), IS PROHIBITED BY LAW OR THE