ANY PRIVATE OR GOVERNMENTAL LIEN OR JUDICIAL OR
33
ADMINISTRATIVE NOTICE OR ACTION OR INQUIRY, INVESTIGATION OR CLAIM RELATING TO
HAZARDOUS, TOXIC AND/OR DANGEROUS SUBSTANCES, TOXIC MOLD OR FUNGUS OF A TYPE
THAT MAY POSE A RISK TO HUMAN HEALTH OR THE ENVIRONMENT OR WOULD NEGATIVELY
IMPACT THE VALUE OF THE PROPERTY ("TOXIC MOLD") OR ANY OTHER SUBSTANCES OR
MATERIALS WHICH ARE INCLUDED UNDER OR REGULATED BY ENVIRONMENTAL LAWS
(COLLECTIVELY, "HAZARDOUS SUBSTANCES"); (III) TO THE BEST OF BORROWER'S
KNOWLEDGE, AFTER DUE INQUIRY, NO HAZARDOUS SUBSTANCES ARE OR HAVE BEEN
(INCLUDING THE PERIOD PRIOR TO BORROWER'S ACQUISITION OF THE PROPERTY),
DISCHARGED, GENERATED, TREATED, DISPOSED OF OR STORED ON, INCORPORATED IN, OR
REMOVED OR TRANSPORTED FROM THE PROPERTY OTHER THAN IN COMPLIANCE WITH ALL
ENVIRONMENTAL LAWS; (IV) TO THE BEST OF BORROWER'S KNOWLEDGE, AFTER DUE INQUIRY,
NO HAZARDOUS SUBSTANCES ARE PRESENT IN, ON OR UNDER ANY NEARBY REAL PROPERTY
WHICH COULD MIGRATE TO OR OTHERWISE AFFECT THE PROPERTY; (V) TO THE BEST OF
BORROWER'S KNOWLEDGE, AFTER DUE INQUIRY, NO TOXIC MOLD IS ON OR ABOUT THE
PROPERTY WHICH REQUIRES REMEDIATION; AND (VI) TO THE BEST OF BORROWER'S
KNOWLEDGE, AFTER DUE INQUIRY, NO UNDERGROUND STORAGE TANKS EXIST ON THE PROPERTY
AND THE PROPERTY HAS NEVER BEEN USED AS A LANDFILL. TO THE BEST OF BORROWER'S
KNOWLEDGE, AFTER DUE INQUIRY, THERE HAVE BEEN NO ENVIRONMENTAL INVESTIGATIONS,
STUDIES, AUDITS, REVIEWS OR OTHER ANALYSES CONDUCTED BY OR ON BEHALF OF BORROWER
WHICH HAVE NOT BEEN PROVIDED TO LENDER.
4.22
NAME; PRINCIPAL PLACE OF BUSINESS. BORROWER HAS NOT USED, DOES NOT
USE AND WILL NOT USE ANY TRADE NAME, NOR HAS BORROWER DONE, OR WILL IN THE
FUTURE DO, BUSINESS UNDER ANY NAME, OTHER THAN ITS ACTUAL NAME SET FORTH HEREIN
AND THE TRADE NAME OF THE PROPERTY. THE PRINCIPAL PLACE OF BUSINESS OF BORROWER
IS ITS PRIMARY ADDRESS FOR NOTICES AS SET FORTH IN SECTION 6.1 HEREOF, AND
BORROWER HAS NO OTHER PLACE OF BUSINESS.
4.23
OTHER DEBT. THERE IS NO INDEBTEDNESS WITH RESPECT TO THE PROPERTY OR
ANY EXCESS CASH FLOW OR ANY RESIDUAL INTEREST THEREIN, WHETHER SECURED OR
UNSECURED, OTHER THAN PERMITTED ENCUMBRANCES AND PERMITTED INDEBTEDNESS.
5.
COVENANTS
Until the end of the Term, Borrower hereby covenants and agrees with Lender
that:
5.1
EXISTENCE. BORROWER SHALL (I) DO OR CAUSE TO BE DONE ALL THINGS
NECESSARY TO PRESERVE, RENEW AND KEEP IN FULL FORCE AND EFFECT ITS EXISTENCE,
RIGHTS, AND FRANCHISES, (II) CONTINUE TO ENGAGE IN THE BUSINESS PRESENTLY
CONDUCTED BY IT, (III) OBTAIN AND MAINTAIN ALL LICENSES, AND (IV) QUALIFY TO DO
BUSINESS AND REMAIN IN GOOD STANDING UNDER THE LAWS OF EACH JURISDICTION, IN
EACH CASE AS AND TO THE EXTENT REQUIRED FOR THE OWNERSHIP, MAINTENANCE,
MANAGEMENT AND OPERATION OF THE PROPERTY.
5.2
TAXES AND OTHER CHARGES. BORROWER SHALL PAY ALL TAXES AND OTHER
CHARGES PRIOR TO DELINQUENCY, AND DELIVER TO LENDER RECEIPTS FOR PAYMENT OR
OTHER EVIDENCE SATISFACTORY TO LENDER THAT THE TAXES AND OTHER CHARGES HAVE BEEN
SO PAID PRIOR TO DELINQUENCY (PROVIDED, HOWEVER, THAT BORROWER NEED NOT PAY