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200806505 (k) Name and Place of Business and Formation. Except as disclosed in the Credit Agreement, Mortgagor has not, during the preceding five years, been known by or used any other corporate or partnership, trade or fictitious name. Mortgagor will not cause or permit any change to be made in its name, identity, state of formation, or corporate or partnership structure, or its federal employer identification number unless Mortgagor shall have notified Administrative Agent of such change at least twenty (20) days prior to the effective date of such change (or such shorter period as may be approved by Administrative Agent), and shall have first taken all action required by Administrative Agent for the purpose of further perfecting or protecting the Liens, privileges, and security interests in the Property created hereby. Mortgagor's exact name is the name set forth in this mortgage. Mortgagor's location is as follows: Mortgagor is a registered organization which is organized under the Laws of one of the states comprising the United States (e.g. corporation, limited partnership, registered limited liability partnership or limited liability company). Mortgagor is located (as determined pursuant to the uee) in the state under the Laws in which it was organized, which is Delaware. (1) Not a ForeilZl1 Person. Mortgagor is nota "foreign person" within the meaning of the Internal Revenue Code of 1986, as amended, (hereinafter called the "Code"), Sections 1445 and 7701 (i.e. Mortgagor is not a non-resident alien, foreign corporation, foreign partnership, foreign trust or foreign estate as those terms are defined in the Code and any regulations promulgated thereunder). (m) Reporting Compliance. Mortgagor agrees to comply with any and all reporting requirements applicable to the transaction evidenced by the Notes and secured by this Mortgage which are set forth in any Law of any Governmental Authority, and further agrees upon request of Administrative Agent to furnish Administrative Agent with evidence of such compliance. (n) Surface Leases. (i) Default: Notice of Default. To the best of Mortgagor's knowledge, as of the date hereof, the lessor under any Surface Lease is not in default in the performance of any of its material obligations under such Surface Lease. As of the date hereof, (A) Mortgagor is not in default in the performance of any of its obligations under any Surface Lease, and (B) there are no circumstances which, alone or with the passage of time or the giving of notice or both, would constitute an event of default thereunder. Mortgagor will give Administrative Agent immediate notice of any notice of default, event of default, extension, renewal, expansion or cancellation given to or received by the Mortgagor under any Surface Lease, subject to any applicable grace periods. Mortgagor will provide Administrative Agent with copies of any such notices of default or other notices. (ii) Lease Oblil!ations and Rights. (a) Each of the Surface Leases is and shall be maintained in full force and effect. Subject to any applicable notice and cure periods in each Surface Lease, Mortgagor will promptly and faithfully observe, perform and comply, or cause the observance, performance and compliance with, all the material terms, covenants and provisions of each Surface Lease, on its part to be observed, performed and complied with, at the times set forth therein. Mortgagor will furnish to Administrative Agent such information and evidence as Administrative Agent may reasonably request 505901 000016 DALLAS 2307301.3 13 [MULTI STATE MORTGAGE]