Common use of Embargoed Person Clause in Contracts

Embargoed Person. At all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Guarantor shall constitute property of, or shall be beneficially owned, directly or indirectly, by any Person subject to trade restrictions under United States law, including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, (b) no Embargoed Person shall have any interest of any nature whatsoever in any Borrower, Operating Lessee or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be prohibited by law or the Loan would be in violation of law, and (c) none of the funds of any Borrower, Operating Lessee or any Guarantor, as applicable, shall be derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be prohibited by law or the Loan would be in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Principal, Operating Lessee or any Tenant and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder (“Embargoed Person”) with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by the Lender would be is in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, with the result that the investment in any Borrower, Principal, Operating Lessee Tenant or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) to Borrower’s knowledge, none of the funds of any Borrower, Principal, Operating Lessee Tenant or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Principal, Operating Lessee Tenant or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee SPC Party or any Guarantor shall constitute constitutes property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable Guarantor (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by the Lender would be is in violation of law, law ("EMBARGOED PERSON"); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable, Guarantor with the result that the investment in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable Guarantor (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee SPC Party or any GuarantorGuarantor (whether directly or indirectly), as applicable, shall be has been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable Guarantor (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Guarantor shall Borrower and Borrower Principal constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, law ("EMBARGOED PERSON"); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee SPC Party or any Guarantor shall constitute constitutes property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable Guarantor (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable, Guarantor with the result that the investment in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable Guarantor (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee SPC Party or any GuarantorGuarantor (whether directly or indirectly), as applicable, shall be has been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee SPC Party or any Guarantor, as applicable Guarantor (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Principal, Indemnitor and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Principal, Indemnitor or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, law (“Embargoed Person”); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, Indemnitor or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Principal, Indemnitor or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Principal, Indemnitor or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Principal, Indemnitor or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At To Borrower’s knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee Borrower or any Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee or any Borrower and/or Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law Applicable Law or the Loan made by Lenders is in violation of Applicable Law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee or any Borrower and/or Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law Applicable Law or the Loan would be is in violation of law, Applicable Law; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee or any Borrower and/or Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law Applicable Law or the Loan would be is in violation of lawApplicable Law. With respect to parties owning direct or indirect interests in Guarantor, Administrative Agent and each Lender acknowledges that Borrower has relied exclusively on its U.S. broker-dealer network to implement the normal and customary investor screening practices mandated by Applicable Law and FINRA regulations in making the foregoing representation.

Embargoed Person. At all times throughout the term of the LoanNotes, including after giving effect to any Transfers permitted pursuant to the Loan Financing Documents, (a) none of the funds or other assets of any BorrowerIssuer, Operating Lessee Principal or any Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any BorrowerIssuer, Operating Lessee Principal or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the issuance of the Notes by Issuers or the purchase of the Notes by Initial Purchaser or Initial Noteholder is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any BorrowerIssuer, Operating Lessee Principal or any Guarantor, as applicable, with the result that the investment in any BorrowerIssuer, Operating Lessee Principal or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be issuance of the Notes by Issuers or the purchase of the Notes by Initial Purchaser or Initial Noteholder is in violation of law, ; and (c) none of the funds of any BorrowerIssuer, Operating Lessee Principal or any Guarantor, as applicable, shall be Guarantor have been derived from any unlawful activity by any Issuer, Principal or Guarantor with the result that the investment in any BorrowerIssuer, Operating Lessee Principal or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be issuance of the Notes by Issuers or the purchase of the Notes by Initial Purchaser or Initial Noteholder is in violation of law.

Embargoed Person. At As of the Closing Date and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Principal, Mortgage Borrower and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee Borrower and Guarantor constitute or any Guarantor shall will constitute property of, or shall are or will be beneficially owned, directly or indirectly, by any Person person, entity or government (excluding the limited partners of Guarantor) subject to trade restrictions under United States U.S. law, including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ ss.ss. 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et 0 xx seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by the Lender would be is in violation of law, law ("Embargoed Person"); (b) no Embargoed Person shall (excluding the limited partners of Guarantor) has or will have any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any Guarantor (excluding the limited partners of Guarantor), as applicable, shall have been or will be derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At To Borrower’s knowledge, as of the date hereof and at all times throughout the term of the LoanLoans, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower or of any Borrower, Operating Lessee of its Subsidiaries constitute (or any Guarantor shall constitute will constitute) property of, or shall be are (or will be) beneficially owned, directly or indirectly, by any Person or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunderthereunder with the result that the investment in the respective party (whether directly or indirectly) is prohibited by applicable law or the Loans made by Lenders are in violation of applicable law (“Embargoed Person”); (b) no Embargoed Person has (or will have) any interest of any nature whatsoever in Borrower or in its Subsidiaries, with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable the respective party (whether directly or indirectly), would be is prohibited by applicable law (each, an “Embargoed Person”), or the Loan made by Lender would be Loans are in violation of applicable law, (b) no Embargoed Person shall have any interest of any nature whatsoever in any Borrower, Operating Lessee or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be prohibited by law or the Loan would be in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any Guarantor, as applicable, shall be of its Subsidiaries have been (or will be) derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable the respective party (whether directly or indirectly), would be is prohibited by applicable law or the Loan would be Loans are in violation of applicable law.

Embargoed Person. At all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none None of the funds or other assets of any Borrower, Operating Lessee SPE Equity Owner or any Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States federal law, including, but not limited towithout limitation, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq.. , and any Executive Orders executive orders or regulations promulgated thereunder, with the result that (i) the investment in any Borrower, Operating Lessee SPE Equity Owner or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law, or (ii) the Loan is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, . (b) no No Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee SPE Equity Owner or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be with the result that (i) the investment in Borrower, SPE Equity Owner or Guarantor, as applicable (whether directly or indirectly) is prohibited by law law, or (ii) the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee SPE Equity Owner or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that (i) the investment in any Borrower, Operating Lessee SPE Equity Owner or any Guarantor, as applicable (whether directly or indirectly), would be ) is prohibited by law law, or (ii) the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee Borrower or any Guarantor shall Guarantors constitute property of, or shall be to Borrower’s knowledge, are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable Guarantors (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), Legal Requirements or the Loan made by Lender would be is in violation of law, Legal Requirements (“Embargoed Person”); (b) to Borrower’s knowledge, no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable, Guarantors with the result that the investment in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable Guarantors (whether directly or indirectly), would be is prohibited by law Legal Requirements or the Loan would be is in violation of law, Legal Requirements; and (c) to Borrower’s knowledge, none of the funds of any Borrower, Operating Lessee Borrower or any Guarantor, as applicable, shall be Guarantors have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower or any Guarantor, as applicable Guarantors (whether directly or indirectly), would be is prohibited by law Legal Requirements or the Loan would be is in violation of lawLegal Requirements.

Embargoed Person. At all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan DocumentsTo Seller’s knowledge, (a) none of the funds or other assets of Mortgagor, principal and any Borrower, Operating Lessee or any Guarantor shall guarantor constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrowerborrower, Operating Lessee principal or any Guarantorguarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Mortgage Loan or Underlying Asset made by the mortgage lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any BorrowerMortgagor, Operating Lessee principal or any Guarantorguarantor, as applicable, with the result that the investment in any BorrowerMortgagor, Operating Lessee principal or any Guarantorguarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Mortgage Loan would be or Underlying Asset is in violation of law, ; and (c) none of the funds of any BorrowerMortgagor, Operating Lessee principal or any Guarantorguarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any BorrowerMortgagor, Operating Lessee principal or any Guarantorguarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Mortgage Loan would be or Underlying Asset is in violation of law.

Embargoed Person. At To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Guarantor shall Borrower and Borrower Principal constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ U.S.C.Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, law ("EMBARGOED PERSON"); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Principal, and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee any Owner Party, Principal or any Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, with the result that the investment in any Borrower, Operating Lessee such Owner Party, Principal or any such Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee any Owner Party, Principal or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee such Owner Party, Principal or any such Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee any Owner Party, Principal or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee such Owner Party, Principal or any such Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Guarantor shall Borrower and Borrower Principal constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ SectionSection 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, law ("EMBARGOED PERSON"); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Principal and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the Closing Date and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Principal, and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Principal, or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Principal, or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Guarantor shall Borrower and Borrower Principal constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, law ("EMBARGOED PERSON"); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower or any GuarantorBorrower Principal, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law. Notwithstanding anything to the contrary set forth in this Section 4.39, neither Borrower nor Borrower Principal is making any such representation or warranty with respect to any shareholder of SCI.

Embargoed Person. At To the best of the Borrower’s knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documentshereto, (a) none of the funds or other assets of any Borrower, Operating Lessee or any the Borrower and the Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee the Borrower or any the Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee the Borrower or any the Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee the Borrower or any the Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee the Borrower or any the Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee the Borrower or any the Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee or any Principal, Mortgage Borrower and Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable, with the result that the investment in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Principal, Mortgage Borrower or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Lessee Borrower Party constitute (or any Guarantor shall constitute will constitute) property of, or shall be are (or will be) beneficially owned, directly or indirectly, by any Person or government that is the subject to trade restrictions of economic sanctions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The the Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that transactions involving or the investment in any Borrower, Operating Lessee or any Guarantor, as applicable such Borrower Party (whether directly or indirectly), would be ) is prohibited by applicable law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, applicable law (“Embargoed Person”); (b) no Embargoed Person shall have has (or will have) any interest of any nature whatsoever in any Borrower, Operating Lessee or any Guarantor, as applicableBorrower Party, with the result that transactions involving or the investment in any Borrower, Operating Lessee or any Guarantor, as applicable such Borrower Party (whether directly or indirectly), would be is prohibited by applicable law or the Loan would be is in violation of applicable law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower Party have been (or any Guarantor, as applicable, shall be will be) derived from any unlawful activity with the result that transactions involving or the investment in any Borrower, Operating Lessee or any Guarantor, as applicable such Borrower Party (whether directly or indirectly), would be is prohibited by applicable law or the Loan would be is in violation of applicable law. Any violation of the foregoing shall, at Lender’s option, constitute an Event of Default hereunder. The foregoing representations shall be deemed not to apply to any indirect interests in Borrower held by Persons as shares of stock on a nationally recognized stock exchange.

Embargoed Person. At As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any Transfers transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Operating Borrower Principal or Affiliated Lessee or any Guarantor shall constitute property of, or shall be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Operating Lessee Borrower Principal or any GuarantorAffiliated Lessee, as applicable (whether directly or indirectly), would be is prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender would be is in violation of law, law (“Embargoed Person”); (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Operating Lessee Borrower Principal or any GuarantorAffiliated Lessee, as applicable, with the result that the investment in any Borrower, Operating Lessee Borrower Principal or any GuarantorAffiliated Lessee, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Operating Lessee Borrower Principal or any GuarantorAffiliated Lessee, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Operating Lessee Borrower Principal or any GuarantorAffiliated Lessee, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.

Embargoed Person. At all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower, Principal, Operating Lessee or any and Guarantor shall constitute property of, or shall be are beneficially owned, directly or or, to their respective knowledge, indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder, thereunder with the result that the investment in any Borrower, Principal, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan made by the Lender is in violation of law (each, an “Embargoed Person”), or the Loan made by Lender would be in violation of law, ; (b) no Embargoed Person shall have has any interest of any nature whatsoever in any Borrower, Principal, Operating Lessee or any Guarantor, as applicable, with the result that the investment in any Borrower, Principal, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law, ; and (c) none of the funds of any Borrower, Principal, Operating Lessee or any Guarantor, as applicable, shall be have been derived from any unlawful activity with the result that the investment in any Borrower, Principal, Operating Lessee or any Guarantor, as applicable (whether directly or indirectly), would be is prohibited by law or the Loan would be is in violation of law.