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<br />secured or unsecured, direct or contingent. Each of the Borrower and the General Partner has complied
<br />with all provisions of such Material Contracts in all material respects, to the extent such contract is
<br />applicable to such party, and there exists no default or event which, with the giving of notice or the passage
<br />of time, or both, would constitute a default, under any such Material Contract.
<br />Section 5.14 Solvency. Each of the Borrower, the Guarantor and the General Partner is and,
<br />after giving effect to this Agreement and all other agreements of the Borrower, the Guarantor and the
<br />General Partner being entered into on the date of execution and delivery of this Agreement, will be solvent
<br />(which for this purpose shall mean that it is able to pay its current debts as they come due).
<br />Section 5.15 Full Disclosure. This Agreement, the exhibits hereto and the other documents,
<br />certificates, opinions, schedules and statements furnished to the Controlling Person or the Funding Lender
<br />by or on behalf of the Borrower, the Guarantor, or the General Partner in connection with the transactions
<br />contemplated hereby or by the Funding Loan Documents, do not contain any untrue statement of a material
<br />fact with respect to the Borrower, the Guarantor or the General Partner or the Project Facilities and do not
<br />omit to state a material fact with respect to the Borrower, the Guarantor or the General Partner or the Project
<br />Facilities necessary in order to make the statements contained therein not misleading in light of the
<br />circumstances under which they were made. There is no fact known to the Borrower, the Guarantor or the
<br />General Partner which materially adversely affects or in the future may adversely affect the business,
<br />operations, properties, assets or financial condition of the Borrower, the Guarantor or the General Partner
<br />which has not been set forth in this Agreement or in the other documents, certificates, opinions, schedules
<br />and statements furnished to the Controlling Person and the Funding Lender on behalf of any such party
<br />before the date of execution and delivery of this Agreement in connection with the transactions
<br />contemplated hereby.
<br />Section 5.16 Funding Loan Documents. Each of the Borrower, the Guarantor and the General
<br />Partner has provided the Controlling Person and the Funding Lender with true, correct and complete copies
<br />of: (i) all documents executed by the Borrower, the Guarantor or the General Partner in connection with the
<br />Governmental Note, including all amendments thereto and compliance reports filed thereunder; (ii) all
<br />management and service contracts entered into by the Borrower in connection with the Project Facilities,
<br />including all amendments thereto; (iii) all correspondence, if any, relating to the Governmental Note from
<br />the Funding Lender, the Governmental Lender, the Securities and Exchange Commission, the Internal
<br />Revenue Service or any state or local securities regulatory body or taxing authority or any securities rating
<br />agency; and (iv) all documentation, if any, relating to governmental grants, subsidies or loans or any other
<br />loans, lines of credit or other subordinate financing (including, without limitation, the Subordinate Debt)
<br />relating to the Borrower or the Project Facilities, whether or not secured by the Project Facilities. Each of
<br />the representations and warranties on the Borrower’s part made in the Funding Loan Documents to which
<br />the Borrower is a party remain true and correct in all material respects and no Default exists under any
<br />covenants on the Borrower’s part to perform under the Funding Loan Documents to which the Borrower is
<br />a party.
<br />Section 5.17 Illegal Activity. No portion of any of the Project Facilities has been or will be
<br />acquired, constructed, fixtured, equipped or furnished with proceeds of any illegal activity conducted by
<br />the Borrower.
<br />Section 5.18 Executive Order 13224. Neither the Borrower, the General Partner nor any Person
<br />holding any legal or beneficial interest whatsoever in any of those entities is included in, owned by,
<br />controlled by, acting for or on behalf of, providing assistance, support, sponsorship, or services of any kind
<br />to, or otherwise associated with any of the persons or entities referred to or described in Executive Order
<br />13224 — Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit,
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