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Environmental Matters. The Borrower will take and continue to take prompt action to remedy all
environmental pollution and contamination, hazardous waste disposal and other environmental cleanup
problems of which it is aware and responsible for, if any, whether or not such cleanup problems have
resulted from the order or request of a municipal, state, federal, administrative or judicial authority, or
otherwise. The foregoing covenant shall not constitute or create a waiver of any rights the Borrower may
have to pursue any legal rights or remedies against any third party for any environmental claims.
Non-discrimination. The Borrower will not discriminate, and will require each contractor,
subcontractor and commercial tenant of the Project to covenant that it will not discriminate by reason of
race, creed, color, handicap, national origin or sex in the employment of any Person employed by it in
connection with the Project or working in or on the Project. The Borrower will require each manager of the
Project to covenant that in the leasing of the Project it will not discriminate by reason of race, creed, color,
handicap, national origin or sex.
Patriot Act. The Borrower covenants and agrees to provide documentation as reasonably requested
or required by the Trustee to enable the Trustee to comply with the requirements of the USA Patriot Act as
described in the Indenture.
Additional Indebtedness
The FHA Insured Mortgage Loan and any other subordinate loans from subordinate lenders
consistent with the Borrower鈥檚 plan of finance are all permitted Indebtedness. In addition, so long as no
Event of Default or default under the Loan Agreement shall have occurred and be continuing, the Borrower
shall be permitted to incur any additional Indebtedness for any Project Cost or other costs associated with
the Project or other obligation or payment due under the Loan Agreement, the Indenture or the Regulatory
Agreement.
Nature of Business
The Borrower will not change the general character of its business as conducted at the date of
execution of the Loan Agreement or engage in any type of business not reasonably related to its business
as normally conducted.
Cooperation in Enforcement of Regulatory Agreement
In order to maintain the exclusion from gross income under federal tax law of interest on the Bonds
and to assure compliance with the laws of the Commonwealth (including the Act), the Borrower shall,
concurrently with or before the execution and delivery of the Bonds, execute and deliver and cause to be
recorded the Regulatory Agreement. The Borrower shall:
(a) comply with all provisions of the Regulatory Agreement;
(b) advise the Issuer in writing promptly upon learning of any default with respect to
the covenants, obligations and agreements of the Borrower set forth in the Regulatory Agreement;
(c) upon written direction by the Issuer, cooperate fully and promptly with the Issuer
in enforcing the terms and provisions of the Regulatory Agreement; and
(d) file in accordance with the time limits established by the Regulatory Agreement
all reports and certificates required thereunder, and the annual certification to the Secretary of the
Treasury required by the Regulatory Agreement.
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