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200511354 d. such entity has not and will not engage in, seek or consent to any dissolution, winding up, liquidation, consolidation, merger, asset sale, or amendment of its articles of incorporation, articles of organization, certificate of formation, operating agreement or partnership agreement, as applicable; e. such entity, without the unanimous consent of all of its directors, general partners or members, as applicable, shall not file or consent to the filing of any bankruptcy or insolvency petition or otherwise institute insolvency proceedings; f. such entity has no indebtedness (and will have no indebtedness) other than (i) the Loan; and (ii) unsecured trade debt not to exceed $170.000.00 in the aggregate, which is not evidenced by a note and is incurred in the ordinary course of its business in connection with owning, operating and maintaining the Property and is paid within 30 days from the date incurred; g. such entity has not and will not fail to correct any known misunderstanding regarding the separate identity of such entity; h. such entity has maintained and will maintain its accounts, books and records separate from any other person or entity; i. such entity has maintained and will maintain its books, records, resolutions and agreements as official records; j. such entity (i) has not and will not commingle its funds or assets with those of any other entity; and (ii) has held and will hold its assets in its own name; k. such entity has conducted and will conduct its business in its own name; l. such entity has maintained and will maintain its accounting records and other entity documents separate from any other person or entity; m. intentionally deleted; n. such entity has paid and will pay its own liabilities and expenses out of its own funds and assets; o. such entity has held and will hold regular meetings, as appropriate, to conduct its business and has observed and will observe all corporate, partnership or limited liability company formalities and record keeping, as applicable; p. such entity has not and will not assume or guarantee or become obligated for the debts of any other entity or hold out its credit as being available to satisfy the obligations of any other entity; q. such entity has not and will not acquire obligations or securities of its shareholders, partners or members, as applicable; r. such entity has allocated and will allocate fairly and reasonably the costs associated with common employees and any overhead for shared office space and such entity has used and will use separate stationery, invoices and checks; s. such entity has not and will not pledge its assets for the benefit of any other person or entity; 1. such entity has held and identified itself and will hold itself out and identify itself as a separate and distinct entity under its own name and not as a division or part of any other person or entity; u. such entity has not made and will not make loans to any person or entity; Master Sf REG NE (rev. 08/2005) 1245359.6 11