obligation of the Borrower, enforceable against the Borrower in accordance with
(e) The balance sheet of the Borrower most recently
furnished to the Bank pursuant to Section 5.1(e) (i) of the Credit Agreement
fairly presents the financial condition of the Borrower as at the date of such
balance sheet, and since the date of such balance sheet there has been no
material adverse change in such condition.
(f) [Intentionally omitted]
(g) There is no pending or threatened action, suit or
proceeding affecting the Borrower before any court, any arbitrator or mediator
or any governmental department, commission, board, bureau, agency or
instrumentality, domestic or foreign, which may materially adversely affect the
financial condition of the Borrower or which purports to affect the legality,
validity or enforceability of this Agreement or any other Loan Document to which
the Borrower is or will be a party.
(h) No proceeds of any Advance have been or will be used to
acquire any equity security of a class which is registered pursuant to Section
12 of the Securities Exchange Act of 1934, as amended.
(i) The Borrower is not engaged in the business of extending
credit for the purpose of purchasing or carrying margin stock (within the
meaning of Regulation G issued by the Board of Governors of the Federal Reserve
System), and no proceeds of any Advance have been or will be used to purchase or
carry any margin stock or to extend credit to others for the purpose of
purchasing or carrying any margin stock.
(j) The Borrower is not a party to any indenture, loan or
credit agreement, lease or other instrument, contract or agreement which could
have a material adverse effect on the properties, assets or financial condition
of the Borrower or on the ability of the Borrower to perform the Borrower's
obligations under this Agreement or any other Loan Document.
(k) The Borrower has filed when due (or obtained extensions
to such filing date) all tax returns (federal, state and local) required to be
filed by the Borrower and has paid all taxes shown (or in the case of
extensions, estimated) on such tax returns to be due, including, but not limited
to, interest and penalties.
(l) The Borrower's principal residence and the Borrower's
chief executive office are in the State of Washington, the Borrower has no place
of business in the State of New York, and the address specified for the Borrower
in Section 8.2 is a mailing address of the Borrower.
(m) No event has occurred and is continuing which
constitutes an Event of Default or would constitute an Event of Default but for
the requirement that notice be given or time elapse or both.