Common use of Applicable to Borrower and any SPC Party Clause in Contracts

Applicable to Borrower and any SPC Party. Borrower hereby acknowledges that, as a condition of Lender’s agreements and performance of its obligations hereunder, Lender is relying on the status of Borrower and any SPC Party as a legal entity separate and apart from any Affiliate or other entity and has required that Borrower and any SPC Party maintain such status, and Lender hereby acknowledges such reliance and requirement. Accordingly, Borrower hereby represents, warrants and covenants as of the Closing Date, at all times prior to the Closing Date and until such time as the Loan is paid in full, that absent express advance written waiver from Lender, which may be withheld in Lender’s sole discretion, Borrower and each SPC Party (if applicable):

Applicable to Borrower and any SPC Party. Borrower hereby acknowledges that, as a condition of Lender’s agreements and performance of its obligations hereunder, Lender is relying on the status of Borrower and any SPC Party as a legal entity entities separate and apart from any Affiliate or other entity and has required that Borrower and any SPC Party maintain such status, and Lender hereby acknowledges such reliance and requirement. Accordingly, each Borrower hereby represents, warrants and covenants as of the Closing Date, at all times prior to the Closing Date and until such time as the Loan is paid in full, that absent express advance written waiver from Lender, which may be withheld in at Lender’s sole discretion, each Borrower and each SPC Party (if applicableit being understood and agreed that these provisions shall not apply to any owner of a direct or indirect interest in Borrower other than any SPC Party):