Common use of Anti-Terrorism and Anti-Money Laundering Laws Clause in Contracts

Anti-Terrorism and Anti-Money Laundering Laws. (a) Borrower and each partner, member or stockholder in Borrower, and all beneficial owners of Borrower and any such partner, member or stockholder, are in compliance with the requirements of the Anti-Money Laundering Laws (as defined below). Borrower agrees to make its policies, procedures and practices regarding compliance with the Anti-Money Laundering Laws of any Persons who, pursuant to transfers permitted by the Mortgage, become stockholders, members, partners or other investors of Borrower, if any, available to Lender for its review and inspection during normal business hours and upon reasonable prior notice. (b) Neither Borrower, any partner, member or stockholder in Borrower nor the beneficial owner of Borrower or any such partner, member or stockholder: (i) is listed on the Lists (as defined below); (ii) is a Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iii) is owned or controlled by, nor acts for or on behalf of, any Person on the Lists or any other Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iv) shall transfer or permit the transfer of any interest in Borrower or any Borrower Party to any Person who is or whose beneficial owners are listed on the Lists; or (v) shall knowingly lease space in the Project to any Person who is listed on the Lists or who is engaged in illegal activities. (c) If Borrower obtains knowledge that Borrower or any of its partners, members or stockholders or their beneficial owners become listed on the Lists or are indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (d) If Borrower obtains knowledge that any tenant in the Project has become listed on the Lists or is convicted, pleads nolo contendere, indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (e) If Borrower obtains knowledge that a tenant at the Project is listed on the Lists or is convicted or pleads nolo contendere to charges related to activity prohibited in the Anti-Money Laundering Laws, then proceeds from the rents of such tenant shall not be used to pay Debt Service and Borrower shall provide Lender such representations and verifications as Lender shall reasonably request that such rents are not being so used. (f) If Borrower obtains knowledge that a tenant at the Project is arrested on such charges, and such charge is not dismissed within thirty (30) days thereafter, Lender may at its option notify Borrower to exclude such rents from the Debt Service payments. (g) If Borrower or any Borrower Party is listed on the Lists, no earn-out disbursements, escrow disbursements, or other disbursements under the Loan Documents shall be made and all of such funds shall be paid in accordance with the direction of a court of competent jurisdiction. As used herein, the following terms have the meanings indicated:

Anti-Terrorism and Anti-Money Laundering Laws. (a) Borrower and each partner, member or stockholder in Borrower, and all beneficial owners of Borrower and any such partner, member or stockholder, are in compliance with the requirements None of the Authority, its Subsidiaries and, to the knowledge of the Authority, the Tribe, the respective officers, directors, brokers or agents of the Authority and its Subsidiaries (i) has violated, or is in violation in any material respect of, any Anti-Terrorism Laws or Anti-Money Laundering Laws or (as defined below)ii) has been convicted of, has been charged with, or is under investigation by, a Governmental Authority for violations of, or has been assessed civil penalties or has had any of its funds seized or forfeited in an action under, any Anti-Terrorism Laws or Anti-Money Laundering Laws. Borrower agrees The Authority has established procedures and controls which it reasonably believes are adequate (and otherwise comply with applicable Law) to ensure that the Authority and its Subsidiaries are and will continue to be in compliance with all applicable Anti-Terrorism Laws and Anti-Money Laundering Laws. (b) The funds used by the Authority to make payments hereunder to the holders of the Notes will not be derived from activities by the Authority that violate any Anti-Terrorism Laws or Anti-Money Laundering Laws. (c) No part of the proceeds from the issuance and sale of the Notes constitutes or will constitute funds obtained on behalf of any Embargoed Person or will otherwise be used by the Authority or any of its policiesSubsidiaries (i) in connection with any investment in, procedures and practices regarding compliance with or any transactions or dealings with, any Embargoed Person, (ii) for any purpose that would cause any holder of the Notes to be in violation of any Anti-Terrorism Laws or Anti-Money Laundering Laws or (iii) otherwise in violation of any Persons who, pursuant to transfers permitted by the Mortgage, become stockholders, members, partners Anti-Terrorism Laws or other investors of Borrower, if any, available to Lender for its review and inspection during normal business hours and upon reasonable prior notice. (b) Neither Borrower, any partner, member or stockholder in Borrower nor the beneficial owner of Borrower or any such partner, member or stockholder: (i) is listed on the Lists (as defined below); (ii) is a Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iii) is owned or controlled by, nor acts for or on behalf of, any Person on the Lists or any other Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iv) shall transfer or permit the transfer of any interest in Borrower or any Borrower Party to any Person who is or whose beneficial owners are listed on the Lists; or (v) shall knowingly lease space in the Project to any Person who is listed on the Lists or who is engaged in illegal activities. (c) If Borrower obtains knowledge that Borrower or any of its partners, members or stockholders or their beneficial owners become listed on the Lists or are indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (d) If Borrower obtains None of the Authority, its Subsidiaries and, to the knowledge that of the Authority, the Tribe and the respective officers, directors, brokers or agents of the Authority and its Subsidiaries acting or benefiting in any tenant capacity in connection with the Project has become listed on issuance and sale of the Lists Notes is an Embargoed Person, is a shell bank or is convicted, pleads nolo contendere, indicted, arraigned, or custodially detained on charges involving subject to special measures because of money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lenderconcerns under Section 311 of the USA PATRIOT Act and its implementing regulations. (e) If Borrower obtains None of the Authority, its Subsidiaries and, to the knowledge that a tenant at of the Project is listed on Authority, the Lists Tribe and the respective officers, directors, brokers or is convicted agents of the Authority and its Subsidiaries acting or pleads nolo contendere benefiting in any capacity in connection with the issuance and sale of the Notes (i) directly conducts any business or engages in making or receiving any contribution of funds, goods or services to charges related any Embargoed Person, (ii) deals in, or otherwise engages in any transaction involving, any property or interests in property blocked pursuant to activity prohibited in the any Anti-Money Laundering Laws, then proceeds from the rents of such tenant shall not be used Terrorism Law or (iii) engages in or conspires to pay Debt Service and Borrower shall provide Lender such representations and verifications as Lender shall reasonably request engage in any transaction that such rents are not being so used. (f) If Borrower obtains knowledge that a tenant at the Project is arrested on such charges, and such charge is not dismissed within thirty (30) days thereafter, Lender may at its option notify Borrower to exclude such rents from the Debt Service payments. (g) If Borrower evades or any Borrower Party is listed on the Lists, no earn-out disbursements, escrow disbursementsavoids, or other disbursements under has the Loan Documents shall be made and all purpose of such funds shall be paid in accordance with the direction of a court of competent jurisdiction. As used hereinevading or avoiding, the following terms have the meanings indicated:or attempts to violate, any Anti-Terrorism Law.

Anti-Terrorism and Anti-Money Laundering Laws. (a) Borrower Borrower, Operating Lessee and each partner, member or stockholder in Borrower, Operating Lessee and all beneficial owners of Borrower and any such partner, member or stockholder, are in compliance with the requirements of the Anti-Money Laundering Laws (as defined below). Borrower agrees and Operating Lessee agree to make its policies, procedures and practices regarding compliance with the Anti-Money Laundering Laws of any Persons who, pursuant to transfers permitted by the Mortgage, become stockholders, members, partners or other investors of Borrower, if any, Borrower available to Lender for its review and inspection during normal business hours and upon reasonable prior notice. (b) Neither BorrowerBorrower nor Operating Lessee, any partner, member or stockholder in Borrower or Operating Lessee nor the beneficial owner of Borrower or Operating Lessee or any such partner, member or stockholder: (i) is listed on the Lists (as defined below); (ii) is a Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iii) is owned or controlled by, nor acts for or on behalf of, any Person on the Lists or any other Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iv) shall transfer or permit the transfer of any interest in Borrower or any Borrower Party to any Person who is or whose beneficial owners are listed on the Lists; or (v) shall knowingly lease space in the Project to any Person who is listed on the Lists or who is engaged in illegal activities. (c) If Borrower obtains knowledge that Borrower or Operating Lessee or any of its partners, members or stockholders or their beneficial owners become listed on the Lists or are indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (d) If Borrower obtains knowledge that any tenant in the Project has become listed on the Lists or is convicted, pleads nolo contendere, indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (e) If Borrower obtains knowledge that a tenant at the Project is listed on the Lists or is convicted or pleads nolo contendere to charges related to activity prohibited in the Anti-Money Laundering Laws, then proceeds from the rents of such tenant shall not be used to pay Debt Service and Borrower shall provide Lender such representations and verifications as Lender shall reasonably request that such rents are not being so used. (f) If Borrower obtains knowledge that a tenant at the Project is arrested on such charges, and such charge is not dismissed within thirty (30) days thereafter, Lender may at its option notify Borrower to exclude such rents from the Debt Service payments. (g) If Borrower or any Borrower Party is listed on the Lists, no earn-out disbursements, escrow disbursements, or other disbursements under the Loan Documents shall be made and all of such funds shall be paid in accordance with the direction of a court of competent jurisdiction. As used herein, the following terms have the meanings indicated:

Anti-Terrorism and Anti-Money Laundering Laws. (a) Borrower Borrower, Operating Lessee and each partner, member or stockholder in Borrower, Operating Lessee and all beneficial owners of Borrower and any such partner, member or stockholder, are in compliance with the requirements of the Anti-Money Laundering Laws (as defined below). Borrower agrees and Operating Lessee agree to make its policies, procedures and practices regarding compliance with the Anti-Money Laundering Laws of any Persons who, pursuant to transfers permitted by the Mortgage, become stockholders, members, partners or other investors of Borrower, if any, Borrower available to Lender for its review and inspection during normal business hours and upon reasonable prior notice. (b) Neither BorrowerBorrower nor Operating Lessee, any partner, member or stockholder in Borrower or Operating Lessee nor the beneficial owner of Borrower or Operating Lessee or any such partner, member or stockholder: (i) is listed on the Lists (as defined below); (ii) is a Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iii) is owned or controlled by, nor acts for or on behalf of, any Person on the Lists or any other Person who has been determined by competent authority to be subject to the prohibitions contained in the Anti-Money Laundering Laws; (iv) shall transfer or permit the transfer of any interest in Borrower or any Borrower Party to any Person who is or whose beneficial owners are listed on the Lists; or (v) shall knowingly lease space in the Project to any Person who is listed on the Lists or who is engaged in illegal activities. (c) If Borrower obtains knowledge that Borrower or Operating Lessee or any of its partners, members or stockholders or their beneficial owners become listed on the Lists or are indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (d) If Borrower obtains knowledge that any tenant in the Project has become listed on the Lists or is convicted, pleads nolo contendere, indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower shall immediately notify Lender. (e) If Borrower obtains knowledge that a tenant at the Project is listed on the Lists or is convicted or pleads nolo contendere to charges related to activity prohibited in the Anti-Money Laundering Laws, then proceeds from the rents of such tenant shall not be used to pay Debt Service and Borrower shall provide Lender such representations and verifications as Lender shall reasonably request that such rents are not being so used. (f) If Borrower obtains knowledge that a tenant at the Project is arrested on such charges, and such charge is not dismissed within thirty (30) days thereafter, Lender may at its option notify Borrower to exclude such rents from the Debt Service payments. (g) If Borrower or any Borrower Party is listed on the Lists, no earn-out disbursements, escrow disbursements, or other disbursements under the Loan Documents shall LOAN AGREEMENT Page 25 Equity Inns- ____________ Loan No. ________________ be made and all of such funds shall be paid in accordance with the direction of a court of competent jurisdiction. As used herein, the following terms have the meanings indicated: