OPERATE OR
USE ANY BUILDINGS, IMPROVEMENTS, FIXTURES OR EQUIPMENT BY REASON OF ANY
ENVIRONMENTAL LAWS; AND (C) BORROWER COVENANTS AND AGREES THAT IT WILL NOT CAUSE
THERE TO BE ANY MATERIAL VIOLATION OF ANY ENVIRONMENTAL LAW IN CONNECTION WITH
THE DISPOSAL OR RELEASE OF PETROLEUM PRODUCTS, HAZARDOUS SUBSTANCES, HAZARDOUS
MATERIALS OR SOLID WASTES.
9.21
CONDEMNATION. THERE ARE NO PROCEEDINGS PENDING, OR, TO THE BEST OF
BORROWER'S KNOWLEDGE, THREATENED, TO EXERCISE ANY POWER OF CONDEMNATION OR
EMINENT DOMAIN, WITH RESPECT TO THE MORTGAGED PROPERTY, OR ANY INTEREST THEREIN,
OR TO ENJOIN OR SIMILARLY PREVENT THE USE OF THE MORTGAGED PROPERTY.
9.22
ASSIGNED AGREEMENTS.
(A)
BORROWER IS (OR, WITH RESPECT TO ANY ASSIGNED AGREEMENT HEREAFTER
MADE, WILL BE) THE SOLE OWNER AND HOLDER OF BORROWER'S INTEREST IN EACH ASSIGNED
AGREEMENT, AND BORROWER HAS NOT TRANSFERRED OR OTHERWISE ASSIGNED ANY INTEREST
OF BORROWER AS A PARTY TO ANY ASSIGNED AGREEMENT;
(B)
EACH OF THE ASSIGNED AGREEMENTS IS (OR, WITH RESPECT TO ANY
ASSIGNED AGREEMENTS HEREAFTER MADE, WILL BE) VALID AND ENFORCEABLE IN ACCORDANCE
WITH ITS RESPECTIVE TERMS, AND IN FULL FORCE AND EFFECT, AND HAS NOT BEEN (OR,
WITH RESPECT TO ANY ASSIGNED AGREEMENTS HEREAFTER MADE, WILL NOT BE) ALTERED,
MODIFIED OR AMENDED IN ANY MANNER WHATSOEVER EXCEPT AS PERMITTED IN THIS
AGREEMENT;
(C)
NONE OF THE RENTS HAVE BEEN OR WILL BE ASSIGNED, PLEDGED OR IN ANY
MANNER TRANSFERRED OR HYPOTHECATED, EXCEPT PURSUANT TO THIS AGREEMENT, AND
(D)
NONE OF THE RENTS, FOR ANY PERIOD SUBSEQUENT TO THE DATE OF THIS
AGREEMENT, HAS BEEN OR WILL BE COLLECTED MORE THAN THIRTY (30) DAYS IN ADVANCE
OF THE TIME WHEN SUCH RENTS BECOME DUE UNDER THE TERMS OF THE ASSIGNED LEASES.
9.23
FULL DISCLOSURE.
ALL MATERIAL FACTUAL INFORMATION HERETOFORE OR
CONTEMPORANEOUSLY FURNISHED TO LENDER PARTIES BY OR ON BEHALF OF THE BORROWER
CONSOLIDATED GROUP FOR PURPOSES OF OR IN CONNECTION WITH THIS AGREEMENT AND THE
TRANSACTIONS CONTEMPLATED HEREBY IS, AND ALL OTHER SUCH FACTUAL INFORMATION
HEREAFTER FURNISHED TO LENDER PARTIES IN WRITING BY OR ON BEHALF OF THE BORROWER
CONSOLIDATED GROUP WILL BE, TRUE AND ACCURATE IN ALL MATERIAL RESPECTS ON THE
DATE AS OF WHICH SUCH INFORMATION IS DATED OR CERTIFIED (OR, IF SUCH INFORMATION
HAS
60
BEEN AMENDED OR SUPPLEMENTED, ON THE DATE AS OF WHICH ANY SUCH AMENDMENT OR
SUPPLEMENT IS DATE OR CERTIFIED) AND NOT MADE INCOMPLETE BY OMITTING TO STATE A
MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS CONTAINED THEREIN, IN LIGHT OF
THE CIRCUMSTANCES UNDER WHICH SUCH INFORMATION WAS PROVIDED, NOT MATERIALLY
MISLEADING.
9.24
REGULATED INDUSTRIES.
BORROWER IS NOT AN "INVESTMENT COMPANY," A
COMPANY "CONTROLLED" BY AN "INVESTMENT COMPANY," OR AN "INVESTMENT ADVISOR,"
WITHIN THE MEANING OF THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED.
9.25
INSURANCE.
THE ASSETS, PROPERTIES AND BUSINESS OF THE BORROWER
CONSOLIDATED GROUP ARE INSURED AGAINST SUCH HAZARDS AND LIABILITIES, UNDER SUCH
COVERAGES AND IN SUCH AMOUNTS, AS ARE REQUIRED UNDER SECTION 10.4 OF THIS
AGREEMENT.
9.26
ANTI-TERRORISM LAWS.
(A)
GENERAL.
NEITHER BORROWER NOR ANY AFFILIATE OF BORROWER IS IN
VIOLATION OF