SET FORTH IN THE FIRST SENTENCE OF THIS 5.1.11(I).
(J)
IF REQUESTED BY LENDER, BORROWER SHALL PROVIDE LENDER, PROMPTLY
UPON REQUEST, WITH ANY OTHER OR ADDITIONAL FINANCIAL STATEMENTS, OR FINANCIAL,
STATISTICAL OR OPERATING INFORMATION, AS LENDER SHALL DETERMINE TO BE REQUIRED
PURSUANT TO REGULATION AB OR ANY AMENDMENT, MODIFICATION OR REPLACEMENT THERETO
OR OTHER LEGAL REQUIREMENTS IN CONNECTION WITH ANY DISCLOSURE DOCUMENT OR ANY
EXCHANGE ACT FILING OR AS SHALL OTHERWISE BE REASONABLY REQUESTED BY THE LENDER.
(K)
IN THE EVENT LENDER DETERMINES, IN CONNECTION WITH A
SECURITIZATION, THAT THE FINANCIAL STATEMENTS REQUIRED IN ORDER TO COMPLY WITH
REGULATION AB OR OTHER LEGAL REQUIREMENTS ARE OTHER THAN AS PROVIDED HEREIN,
THEN NOTWITHSTANDING THE PROVISIONS OF SECTION 5.1.11(H) HEREOF, LENDER MAY
REQUEST, AND BORROWER SHALL PROMPTLY PROVIDE, SUCH OTHER FINANCIAL STATEMENTS AS
LENDER DETERMINES TO BE NECESSARY OR APPROPRIATE FOR SUCH COMPLIANCE
(L)
ANY REPORTS, STATEMENTS OR OTHER INFORMATION REQUIRED TO BE
DELIVERED UNDER THIS AGREEMENT SHALL BE DELIVERED (I) IN PAPER FORM, (II) ON A
DISKETTE, AND (III) IF REQUESTED BY LENDER AND WITHIN THE CAPABILITIES OF
BORROWER'S DATA SYSTEMS WITHOUT CHANGE OR MODIFICATION THERETO, IN ELECTRONIC
FORM AND PREPARED USING A MICROSOFT WORD FOR WINDOWS OR WORDPERFECT FOR WINDOWS
FILES (WHICH FILES MAY BE PREPARED USING A SPREADSHEET PROGRAM AND SAVED AS WORD
PROCESSING FILES).
BORROWER AGREES THAT LENDER MAY DISCLOSE INFORMATION
REGARDING THE PROPERTY AND BORROWER THAT IS PROVIDED TO LENDER PURSUANT TO THIS
SECTION IN CONNECTION WITH THE SECURITIZATION TO SUCH PARTIES REQUESTING SUCH
INFORMATION IN CONNECTION WITH SUCH SECURITIZATION.
65
(M)
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IF ANY OF THE
FINANCIAL STATEMENTS OR OTHER INFORMATION REQUIRED TO BE DELIVERED TO LENDER
PURSUANT TO THIS SECTION 5.1.11 ARE GENERATED BY MANAGER UNDER THE MANAGEMENT
AGREEMENT, BORROWER SHALL HAVE AT LEAST FIVE (5) BUSINESS DAYS (OR THIRTY (30)
BUSINESS DAYS IF SUCH STATEMENTS ARE TO BE AUDITED PURSUANT TO THE TERMS HEREOF)
AFTER THE DATE ON WHICH BORROWER RECEIVES SUCH INFORMATION FROM MANAGER TO
DELIVER SUCH INFORMATION TO LENDER.
5.1.12
BUSINESS AND OPERATIONS.
BORROWER WILL CONTINUE TO ENGAGE IN THE
BUSINESSES PRESENTLY CONDUCTED BY IT AS AND TO THE EXTENT THE SAME ARE NECESSARY
FOR THE OWNERSHIP, MAINTENANCE, MANAGEMENT AND OPERATION OF THE PROPERTIES.
BORROWER WILL QUALIFY TO DO BUSINESS AND WILL REMAIN IN, AND CAUSE OPERATING
LESSEE TO REMAIN IN GOOD STANDING UNDER THE LAWS OF EACH JURISDICTION AS AND TO
THE EXTENT THE SAME ARE REQUIRED FOR THE OWNERSHIP, MAINTENANCE, MANAGEMENT AND
OPERATION OF THE PROPERTIES.
5.1.13
TITLE TO THE PROPERTIES.
BORROWER WILL WARRANT AND DEFEND (A) THE
TITLE TO EACH INDIVIDUAL PROPERTY AND EVERY PART THEREOF, SUBJECT ONLY TO LIENS
PERMITTED HEREUNDER (INCLUDING PERMITTED ENCUMBRANCES) AND (B) THE VALIDITY AND
PRIORITY OF THE LIENS OF THE APPLICABLE MORTGAGE AND THE APPLICABLE ASSIGNMENT
OF LEASES ON THE APPLICABLE INDIVIDUAL PROPERTY, SUBJECT ONLY TO LIENS PERMITTED
HEREUNDER (INCLUDING PERMITTED ENCUMBRANCES), IN EACH CASE AGAINST THE CLAIMS OF
ALL PERSONS WHOMSOEVER.
BORROWER SHALL REIMBURSE LENDER FOR ANY LOSSES, COSTS,
DAMAGES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES