IN ANY OF
THE OTHER LOAN DOCUMENTS CONTAINS ANY UNTRUE STATEMENT OF A MATERIAL FACT OR
OMITS TO STATE ANY MATERIAL FACT NECESSARY TO MAKE STATEMENTS CONTAINED HEREIN
OR THEREIN NOT MISLEADING.
THERE IS NO MATERIAL FACT PRESENTLY KNOWN TO
BORROWER WHICH HAS NOT BEEN DISCLOSED TO LENDER WHICH ADVERSELY AFFECTS THE
PROPERTY OR THE BUSINESS, OPERATIONS OR CONDITION (FINANCIAL OR OTHERWISE) OF
BORROWER.
4.1.9
NO PLAN ASSETS.
BORROWER DOES NOT SPONSOR, IS NOT
OBLIGATED TO CONTRIBUTE TO, AND IS NOT ITSELF AN "EMPLOYEE BENEFIT PLAN," AS
DEFINED IN SECTION 3(3) OF ERISA, SUBJECT TO TITLE I OF ERISA OR SECTION 4975 OF
THE CODE, AND NONE OF THE ASSETS OF BORROWER CONSTITUTES OR WILL CONSTITUTE
"PLAN ASSETS" OF ONE OR MORE SUCH PLANS WITHIN THE MEANING OF 29 C.F.R.
SECTION 2510.3-101.
IN ADDITION, (A) BORROWER IS NOT A "GOVERNMENTAL PLAN"
WITHIN THE MEANING OF SECTION 3(32) OF ERISA AND (B) TRANSACTIONS BY OR WITH
BORROWER ARE NOT SUBJECT TO ANY STATE OR OTHER STATUTE, REGULATION OR OTHER
RESTRICTION REGULATING INVESTMENTS OF, OR FIDUCIARY OBLIGATIONS WITH RESPECT TO,
GOVERNMENTAL PLANS WITHIN THE MEANING OF SECTION 3(32) OF ERISA WHICH IS SIMILAR
TO THE PROVISIONS OF SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE AND WHICH
PROHIBIT OR OTHERWISE RESTRICT THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO THE EXERCISE BY LENDER OF ANY OF ITS RIGHTS UNDER
THE LOAN DOCUMENTS.
4.1.10
COMPLIANCE.
TO BORROWER'S KNOWLEDGE, BORROWER AND THE
PROPERTY AND THE USE THEREOF COMPLY IN ALL MATERIAL RESPECTS WITH ALL APPLICABLE
LEGAL REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, BUILDING AND ZONING
ORDINANCES AND CODES.
TO BORROWER'S KNOWLEDGE, BORROWER IS NOT IN DEFAULT OR
VIOLATION OF ANY ORDER, WRIT, INJUNCTION, DECREE OR DEMAND OF ANY GOVERNMENTAL
AUTHORITY.
TO BORROWER'S KNOWLEDGE, THERE HAS NOT BEEN COMMITTED BY BORROWER
OR, TO BORROWER'S KNOWLEDGE, ANY OTHER PERSON IN OCCUPANCY OF OR INVOLVED WITH
THE OPERATION OR USE OF THE PROPERTY ANY ACT OR OMISSION AFFORDING THE FEDERAL
GOVERNMENT OR ANY OTHER GOVERNMENTAL AUTHORITY THE RIGHT OF FORFEITURE AS
AGAINST THE PROPERTY OR ANY PART THEREOF OR ANY MONIES PAID IN PERFORMANCE OF
BORROWER'S OBLIGATIONS UNDER ANY OF THE LOAN DOCUMENTS.
4.1.11
FINANCIAL INFORMATION.
TO BORROWER'S KNOWLEDGE, ALL
FINANCIAL DATA, INCLUDING, WITHOUT LIMITATION, THE STATEMENTS OF CASH FLOW AND
INCOME AND OPERATING EXPENSE, THAT HAVE BEEN DELIVERED TO LENDER IN RESPECT OF
THE PROPERTY (I) ARE TRUE, COMPLETE AND CORRECT IN ALL MATERIAL RESPECTS,
(II) ACCURATELY REPRESENT THE FINANCIAL CONDITION OF BORROWER AND THE PROPERTY,
AS APPLICABLE, AS OF THE DATE OF SUCH REPORTS, AND (III) TO THE EXTENT PREPARED
OR AUDITED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM, HAVE BEEN
PREPARED IN ACCORDANCE WITH ACCOUNTING PRINCIPLES REASONABLY ACCEPTABLE TO
LENDER, CONSISTENTLY APPLIED THROUGHOUT THE PERIODS COVERED, EXCEPT AS DISCLOSED
THEREIN.
BORROWER DOES NOT HAVE ANY CONTINGENT LIABILITIES, LIABILITIES FOR
TAXES, UNUSUAL FORWARD OR LONG-TERM COMMITMENTS OR UNREALIZED OR ANTICIPATED
LOSSES FROM ANY UNFAVORABLE COMMITMENTS THAT ARE KNOWN TO BORROWER AND
REASONABLY LIKELY TO HAVE A MATERIALLY ADVERSE EFFECT ON THE PROPERTY