(H)
OTHER DEBT.
BORROWER HAS NOT BORROWED OR RECEIVED OTHER DEBT
FINANCING WHETHER UNSECURED OR SECURED BY THE PROPERTY OR ANY PART THEREOF.
(I)
FULL AND ACCURATE DISCLOSURE.
NO STATEMENT OF FACT MADE BY OR ON
BEHALF OF BORROWER IN THIS AGREEMENT OR IN ANY OF THE OTHER LOAN DOCUMENTS
CONTAINS ANY UNTRUE STATEMENT OF MATERIAL FACT OR OMITS TO STATE ANY MATERIAL
FACT NECESSARY TO MAKE STATEMENTS CONTAINED HEREIN OR THEREIN NOT MISLEADING. TO
THE BEST KNOWLEDGE OF BORROWER, THERE IS NO FACT THAT HAS NOT BEEN DISCLOSED TO
AGENT THAT IS LIKELY TO RESULT IN A MATERIAL ADVERSE EFFECT.
(J)
FINANCIAL INFORMATION.
ALL FINANCIAL STATEMENTS AND OTHER DATA
CONCERNING BORROWER AND THE PROPERTY THAT HAS BEEN DELIVERED BY OR ON BEHALF OF
BORROWER TO AGENT IS TRUE, COMPLETE AND CORRECT IN ALL MATERIAL RESPECTS AND HAS
BEEN PREPARED IN ACCORDANCE WITH GAAP. SINCE THE DELIVERY OF SUCH DATA, EXCEPT
AS OTHERWISE DISCLOSED IN WRITING TO AGENT, THERE HAS BEEN NO CHANGE IN THE
FINANCIAL POSITION OF BORROWER OR THE PROPERTY, OR IN THE RESULTS OF OPERATIONS
OF BORROWER, WHICH CHANGE RESULTS OR IS REASONABLY LIKELY TO RESULT IN A
MATERIAL ADVERSE EFFECT. BORROWER HAS NOT INCURRED ANY OBLIGATION OR LIABILITY,
CONTINGENT OR OTHERWISE, NOT REFLECTED IN SUCH FINANCIAL DATA, WHICH IS LIKELY
TO HAVE A MATERIAL ADVERSE EFFECT UPON ITS BUSINESS OPERATIONS OR THE PROPERTY.
(K)
INVESTMENT COMPANY ACT.
BORROWER IS NOT (I) AN "INVESTMENT
COMPANY" OR A COMPANY "CONTROLLED" BY AN "INVESTMENT COMPANY," WITHIN THE
MEANING OF THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED OR (II) SUBJECT TO ANY
OTHER FEDERAL OR STATE LAW OR REGULATION WHICH PURPORTS TO RESTRICT OR REGULATE
ITS ABILITY TO BORROW MONEY IN ACCORDANCE WITH THIS AGREEMENT.
(L)
COMPLIANCE.
BORROWER IS IN COMPLIANCE WITH ALL APPLICABLE LEGAL
REQUIREMENTS, EXCEPT FOR NONCOMPLIANCE THAT IS NOT REASONABLY LIKELY TO HAVE A
MATERIAL ADVERSE EFFECT. BORROWER IS NOT IN DEFAULT OR VIOLATION OF ANY ORDER,
WRIT, INJUNCTION, DECREE OR DEMAND OF
63
ANY GOVERNMENTAL AUTHORITY EXCEPT FOR DEFAULTS OR VIOLATIONS WHICH ARE NOT
REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE EFFECT.
(M)
USE OF PROCEEDS; MARGIN REGULATIONS.
BORROWER WILL USE THE
PROCEEDS OF THE LOAN FOR THE PURPOSES DESCRIBED IN SECTION 2.2. NO PART OF THE
PROCEEDS OF THE LOAN WILL BE USED FOR THE PURPOSE OF PURCHASING OR ACQUIRING ANY
"MARGIN STOCK" WITHIN THE MEANING OF REGULATION U OF THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM OR FOR ANY OTHER PURPOSE WHICH WOULD BE INCONSISTENT
WITH SUCH REGULATION U OR ANY OTHER REGULATIONS OF SUCH BOARD OF GOVERNORS, OR
FOR ANY PURPOSES PROHIBITED BY LEGAL REQUIREMENTS.
(N)
SINGLE-PURPOSE ENTITY.
(I)
BORROWER AT ALL TIMES SINCE ITS FORMATION HAS BEEN A DULY FORMED
AND EXISTING LIMITED LIABILITY COMPANY, OR, AS THE CASE MAY BE, LIMITED
PARTNERSHIP UNDER THE LAWS OF THE STATE OF ITS FORMATION AND A SINGLE-PURPOSE
ENTITY.
(II)
BORROWER AT ALL TIMES SINCE ITS FORMATION HAS COMPLIED WITH THE
PROVISIONS OF ITS ORGANIZATIONAL AGREEMENT SINCE SUCH AGREEMENT WAS EXECUTED