Common use of Senior Lender Clause in Contracts

Senior Lender. Senior Lender hereby represents and warrants as follows: (i) Exhibit D hereto is a true, correct and complete list of all of the Senior Loan Documents (including all amendments and modifications thereof), as of the date hereof. (ii) To Senior Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents. (iii) Senior Lender is the legal and beneficial owner of the Senior Loan free and clear of any lien, security interest, option or other charge or encumbrance. (iv) There are no conditions precedent to the effectiveness of this Agreement against Senior Lender that have not been satisfied or waived. (v) Senior Lender has, independently and without reliance upon either Mezzanine Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. (vi) Senior Lender is duly organized and is validly existing under the laws of the jurisdiction under which it was organized with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (vii) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of Senior Lender have been duly taken, and all such actions continue in full force and effect as of the date hereof. (viii) Senior Lender has duly executed and delivered this Agreement and this Agreement constitutes the legal, valid, and binding agreement of Senior Lender enforceable against Senior Lender in accordance with its terms subject to (x) applicable bankruptcy, reorganization, insolvency and moratorium laws and (y) general principles of equity which may apply regardless of whether a proceeding is brought in law or in equity. (ix) To Senior Lender’s knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender of this Agreement or consummation by Senior Lender of the transactions contemplated by this Agreement. (x) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (v) violate or conflict with any provision of the organizational or governing documents of Senior Lender, (w) to Senior Lender’s knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any contract, mortgage, lease, bond, indenture, agreement, or other instrument to which Senior Lender is a party or to which any of its properties are subject, (x) to Senior Lender’s knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender pursuant to the terms of any such contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (y) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender has knowledge against, or binding upon, Senior Lender or upon any of the securities, properties, assets, or business of Senior Lender or (z) to Senior Lender’s knowledge, constitute a violation by Senior Lender of any statute, law or regulation that is applicable to Senior Lender. (xi) The Senior Loan is not cross-defaulted with any other loan. The Premises do not secure any other loan from Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine Borrower or any other Affiliate of Borrower. (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.

Senior Lender. Senior Lender hereby represents and warrants as follows: (i) Exhibit D A attached hereto and made a part hereof is a true, correct and complete list of all listing of the Senior Loan Documents (including all amendments amendments, modifications, replacements, restatements, and modifications supplements thereof), ) as of the date hereof. (ii) . To Senior Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents, including, without limitation, any breach of any of the representations and warranties made by any Borrower Party in the Senior Loan Documents. The Senior Loan has been fully funded. (iiiii) Senior Lender is the legal and beneficial owner of the entire Senior Loan free and clear of any lien, security interest, option or other charge or encumbrance. (iviii) There are no conditions precedent to the effectiveness of this Agreement against with respect to Senior Lender that have not been satisfied or waived. (viv) Senior Lender has, independently and without reliance upon either Mezzanine Lender Junior Lenders and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. (viv) Senior Lender is duly organized and is validly existing under the laws of the jurisdiction under which it was organized with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (viivi) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of Senior Lender have been duly taken, and all such actions continue in full force and effect as of the date hereof. (viiivii) Senior Lender has duly executed and delivered this Agreement and this Agreement constitutes the legal, valid, and binding agreement of Senior Lender enforceable against Senior Lender in accordance with its terms subject to (x) applicable bankruptcy, reorganization, insolvency and moratorium laws and (y) general principles of equity which may apply regardless of whether a proceeding is brought in at law or in equity. (ixviii) To Senior Lender’s knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender of this Agreement or consummation by Senior Lender of the transactions contemplated by this Agreement. (xix) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (v) violate or conflict with any provision of the organizational or governing documents of Senior Lender, (w) to Senior Lender’s knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any material contract, mortgage, lease, bond, indenture, agreement, or other instrument to which Senior Lender is a party or to which any of its properties are subject, (x) to Senior Lender’s knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender pursuant to the terms of any such material contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (y) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender has knowledge against, or binding upon, Senior Lender or upon any of the securities, properties, assets, or business of Senior Lender or (z) to Senior Lender’s knowledge, constitute a violation by Senior Lender of any statute, law or regulation that is applicable to Senior Lender. (xix) The Senior Loan is not cross-defaulted with any other loan. The Premises do not secure any other loan from Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine any Borrower Party or any other Affiliate of BorrowerPerson other than the Senior Loan. (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.

Senior Lender. Senior Lender hereby represents and warrants to each of the Junior Lenders as follows: (i) Exhibit D A attached hereto and made a part hereof is a true, true and correct and complete list of all listing of the material Senior Loan Documents (including all amendments amendments, modifications, replacements, restatements and modifications supplements thereof), ) as of the date hereof. (ii) . To Senior Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents. (iiiii) Senior Lender is and the other Senior Noteholders (as defined in the Senior Loan Agreement) are the legal and beneficial owner owners of the Senior Loan free and clear of any lien, security interest, option or other charge or encumbrance. (iviii) There are no conditions precedent to the effectiveness of this Agreement against with respect to Senior Lender that have not been satisfied or waived. (viv) Senior Lender has, independently and without reliance upon either Mezzanine Lender Junior Lenders and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to make the Senior Loan and to enter into this Agreement. (viv) Senior Lender is duly organized and is validly existing under the laws of the jurisdiction under which it was organized with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (viivi) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of Senior Lender have been duly taken, and all such actions continue in full force and effect as of the date hereof. (viiivii) Senior Lender has duly executed and delivered this Agreement and this Agreement constitutes the legal, valid, and binding agreement of Senior Lender enforceable against Senior Lender in accordance with its terms subject to (xy) applicable bankruptcy, reorganization, insolvency and moratorium laws and (yz) general principles of equity which may apply regardless of whether a proceeding is brought in law or in equity. (ixviii) To Senior Lender’s knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender of this Agreement or consummation by Senior Lender of the transactions contemplated by this Agreement. (xix) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (v) violate or conflict with any provision of the organizational or governing documents documents, if any, of Senior Lender, (w) to Senior Lender’s knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any material contract, mortgage, lease, bond, indenture, agreement, or other instrument to which Senior Lender is a party or to which any of its properties are subject, (x) to Senior Lender’s knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender pursuant to the terms of any such material contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (y) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender has knowledge against, or binding upon, Senior Lender or upon any of the securities, properties, assets, or business of Senior Lender or (z) to Senior Lender’s knowledge, constitute a violation by Senior Lender of any statute, law or regulation that is applicable to Senior Lender. (xix) The Senior Loan is not cross-defaulted with any other loan. The Premises do not secure any other loan from Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine Borrower Borrowers or any other Affiliate of Senior Borrower. (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.

Senior Lender. Senior Lender hereby represents and warrants to each of the Junior Lenders as follows: (i) Exhibit D A attached hereto and made a part hereof is a true, true and correct and complete list of all listing of the material Senior Loan Documents (including all amendments amendments, modifications, replacements, restatements and modifications supplements thereof), ) as of the date hereof. (ii) . To Senior Lender’s 's knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents. (iiiii) Senior Lender is and the other Senior Noteholders (as defined in the Senior Loan Agreement) are the legal and beneficial owner owners of the Senior Loan free and clear of any lien, security interest, option or other charge or encumbrance. (iviii) There are no conditions precedent to the effectiveness of this Agreement against with respect to Senior Lender that have not been satisfied or waived. (viv) Senior Lender has, independently and without reliance upon either Mezzanine Lender Junior Lenders and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to make the Senior Loan and to enter into this Agreement. (viv) Senior Lender is duly organized and is validly existing under the laws of the jurisdiction under which it was organized with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (viivi) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of Senior Lender have been duly taken, and all such actions continue in full force and effect as of the date hereof. (viiivii) Senior Lender has duly executed and delivered this Agreement and this Agreement constitutes the legal, valid, and binding agreement of Senior Lender enforceable against Senior Lender in accordance with its terms subject to (xy) applicable bankruptcy, reorganization, insolvency and moratorium laws and (yz) general principles of equity which may apply regardless of whether a proceeding is brought in law or in equity. (ixviii) To Senior Lender’s 's knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender of this Agreement or consummation by Senior Lender of the transactions contemplated by this Agreement. (xix) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (v) violate or conflict with any provision of the organizational or governing documents documents, if any, of Senior Lender, (w) to Senior Lender’s 's knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any material contract, mortgage, lease, bond, indenture, agreement, or other instrument to which Senior Lender is a party or to which any of its properties are subject, (x) to Senior Lender’s 's knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender pursuant to the terms of any such material contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (y) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender has knowledge against, or binding upon, Senior Lender or upon any of the securities, properties, assets, or business of Senior Lender or (z) to Senior Lender’s 's knowledge, constitute a violation by Senior Lender of any statute, law or regulation that is applicable to Senior Lender. (xix) The Senior Loan is not cross-defaulted with any other loan. The Premises do not secure any other loan from Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine Borrower Borrowers or any other Affiliate of Senior Borrower. (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.

Senior Lender. As of June 19, 2007, Senior Lender, as Senior Lender hereby represents under the Refinancing Intercreditor Agreement, represented and warrants warranted as follows:follows (and all references to “the date hereof” in this Section 4(a) refer to June 19, 2007): (i) Exhibit D A attached hereto and made a part hereof is a true, correct and complete list of all listing of the Senior Loan Documents (including all amendments and modifications thereof), as of the date hereof. As of the date hereof, the outstanding principal balance of the Acquisition Loan is $8,397,402.00, the outstanding principal balance of the Building Loan is $1,537,421.00, the outstanding principal balance of the Project Loan is $1,235,623.00 and interest has been paid through July 8, 2007. Senior Lender has not given notice to Borrower of any default or Event of Default under the Senior Loan Documents that has not been cured. (ii) To Senior Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents. (iii) Senior Lender is the legal and beneficial owner of the entire Senior Loan Loan, subject to participation interests that may hereafter be created therein, free and clear of any lien, security interest, option or other charge or encumbrance. (iviii) There are no conditions precedent to the effectiveness of this Agreement against Senior Lender that have not been satisfied or waived. (viv) Senior Lender has, independently and without reliance upon either Mezzanine Lender Junior Lenders and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. (viv) Senior Lender is duly organized and is validly existing under the laws of the jurisdiction under which it was organized organized, with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (viivi) All actions necessary to authorize the execution, delivery, delivery and performance of this Agreement on behalf of Senior Lender have been duly taken, and all such actions continue in full force and effect as of the date hereof. Pursuant to the terms of the Senior Loan Agreement, Senior Lender has the authority to execute and deliver this Agreement on behalf of the Mortgage Lenders. (viiivii) Senior Lender has duly executed and delivered this Agreement on behalf of Senior Lender and this Agreement constitutes the legal, valid, valid and binding agreement of Senior Lender Lender, enforceable against Senior Lender in accordance with its terms terms, subject to (xA) applicable bankruptcy, reorganization, insolvency and moratorium laws and (yB) general principles of equity which may apply regardless of whether a proceeding is brought in law or in equity. (ixviii) To Senior Lender’s knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender of this Agreement or consummation by Senior Lender of the transactions contemplated by this Agreement. (xix) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (vA) violate or conflict with any provision of the organizational or governing documents of Senior Lender, (wB) to Senior Lender’s knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any contract, mortgage, lease, bond, indenture, agreement, agreement or other instrument to which Senior Lender is a party or to which any of its properties are subject, (xC) to Senior Lender’s knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender pursuant to the terms of any such contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (yD) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender has knowledge against, or binding upon, Senior Lender Lender, or upon any of the securities, properties, assets, assets or business of Senior Lender Lender, or (zE) to Senior Lender’s knowledge, constitute a violation by Senior Lender of any statute, law or regulation that is applicable to Senior Lender. (xix) The Senior Loan is not cross-defaulted with any other loan. The Premises do not secure any other loan from Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine Borrower Borrowers or any other Affiliate of BorrowerBorrower other than the Senior Loan. (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.

Senior Lender. Each Person that holds a Senior Lender Note (for itself, and not for any transferee, successor or assign of such Person) hereby represents and warrants to each of the Junior Lenders as follows: (i) To such Person’s knowledge, Exhibit D A attached hereto and made a part hereof is a true, correct and complete list of all listing of the material Senior Loan Documents (including all amendments amendments, modifications, replacements, restatements and modifications supplements thereof), ) as of the date hereof. (ii) To Senior Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents. (iii) Senior Lender Such Person is the legal and beneficial owner of the its Senior Loan Note free and clear of any lien, security interest, option or other charge or encumbrance, other than any lien or security interest granted to any Loan Pledgee as contemplated by the provisions of Section 16. (iviii) There are no conditions precedent to the effectiveness of this Agreement against Senior Lender with respect to such Person that have not been satisfied or waived. (viv) Senior Lender Such Person has, independently and without reliance upon either Mezzanine Lender Junior Lenders and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to make the Senior Loan and to enter into this Agreement. (viv) Senior Lender Such Person is duly organized and is validly existing under the laws of the jurisdiction under which it was organized with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (viivi) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of Senior Lender such Person have been duly taken, and all such actions continue in full force and effect as of the date hereof. (viiivii) Senior Lender Such Person has duly executed and delivered this Agreement and this Agreement constitutes the legal, valid, and binding agreement of Senior Lender such Person enforceable against Senior Lender such Person in accordance with its terms subject to (xy) applicable bankruptcy, reorganization, insolvency and moratorium laws and (yz) general principles of equity which may apply regardless of whether a proceeding is brought in law or in equity. (ixviii) To Senior Lendersuch Person’s knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender such Person of this Agreement or the consummation by Senior Lender such Person of the transactions contemplated by this Agreement. (xix) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (v) violate or conflict with any provision of the organizational or governing documents documents, if any, of Senior Lendersuch Person, (w) to Senior Lendersuch Person’s knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any material contract, mortgage, lease, bond, indenture, agreement, or other instrument to which Senior Lender such Person is a party or to which any of its properties are subject, (x) to Senior Lendersuch Person’s knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender such Person pursuant to the terms of any such material contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (y) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender such Person has knowledge against, or binding upon, Senior Lender such Person or upon any of the securities, properties, assets, or business of Senior Lender such Person or (z) to Senior Lendersuch Person’s knowledge, constitute a violation by Senior Lender such Person of any statute, law or regulation that is applicable to Senior Lendersuch Person. (xix) The To such Person’s knowledge, the Senior Loan is not cross-defaulted with any other loan. The To such Person’s knowledge, the Premises do not secure any other loan from such Person to Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine Borrower Borrowers or any other Affiliate of BorrowerSenior Borrower (other than the Senior Loan). (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.

Senior Lender. Senior Lender hereby represents and warrants to each of the Junior Lenders as follows: (i) Exhibit D Exhibits X-0, X-0 and A-3 attached hereto and made a part hereof is a true, correct and complete list of all listing of the Senior Loan Documents (including all amendments amendments, modifications, replacements, restatements and modifications supplements thereof), ) as of the date hereof. (ii) . To Senior Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under any of the Senior Loan Documents. (iiiii) Senior Lender is the legal and beneficial owner of the Senior Loan free and clear of any lien, security interest, option or other charge or encumbrance. (iviii) There are no conditions precedent to the effectiveness of this Agreement against with respect to Senior Lender that have not been satisfied or waived. (viv) Senior Lender has, independently and without reliance upon either Mezzanine Lender Junior Lenders and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to make the Senior Loan and to enter into this Agreement. (viv) Senior Lender is duly organized and is validly existing under the laws of the jurisdiction under which it was organized with full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (viivi) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of Senior Lender have been duly taken, and all such actions continue in full force and effect as of the date hereof. (viiivii) Senior Lender has duly executed and delivered this Agreement and this Agreement constitutes the legal, valid, and binding agreement of Senior Lender enforceable against Senior Lender in accordance with its terms subject to (xy) applicable bankruptcy, reorganization, insolvency and moratorium laws and (yz) general principles of equity which may apply regardless of whether a proceeding is brought in law or in equity. (ixviii) To Senior Lender’s knowledge, no consent of any other Person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by Senior Lender of this Agreement or consummation by Senior Lender of the transactions contemplated by this Agreement. (xix) None of the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated by this Agreement will (v) violate or conflict with any provision of the organizational or governing documents documents, if any, of Senior Lender, (w) to Senior Lender’s knowledge, violate, conflict with, or result in the breach or termination of, or otherwise give any other Person the right to terminate, or constitute (or with the giving of notice or lapse of time, or both, would constitute) a default under the terms of any material contract, mortgage, lease, bond, indenture, agreement, or other instrument to which Senior Lender is a party or to which any of its properties are subject, (x) to Senior Lender’s knowledge, result in the creation of any lien, charge, encumbrance, mortgage, lease, claim, security interest, or other right or interest upon the properties or assets of Senior Lender pursuant to the terms of any such material contract, mortgage, lease, bond, indenture, agreement, franchise or other instrument, (y) violate any judgment, order, injunction, decree or award of any court, arbitrator, administrative agency or governmental or regulatory body of which Senior Lender has knowledge against, or binding upon, Senior Lender or upon any of the securities, properties, assets, or business of Senior Lender or (z) to Senior Lender’s knowledge, constitute a violation by Senior Lender of any statute, law or regulation that is applicable to Senior Lender. (xix) The Senior Loan is not cross-defaulted with any other loan. The Premises do not secure any other loan from Senior Lender to Borrower, Senior Mezzanine Borrower, Junior Mezzanine Borrower Borrowers or any other Affiliate of Borrower. (xii) The Senior Loan is not secured by any direct or indirect equity interest in Borrower.