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201007863 been withdrawn ar set aside by the issuing agency or by an order of a court of cvmp�t�nt jurisdiction. (e) The Owner has ar will have a fee interest in the Pmject and has good ax�d marketable title thereto, free and clear af fu�,y liens, charges or encumbrances other than the Mortgages, encumbrances the Qwner is permitted to create under thc tcrms of this Agreement, and mechanics' or other liens that have been bo�nded against (or as to which ather cash equivalent secuxity has b�en provided) in such a manner as to preclude the halder af such lien from having azty recourse to the Project or the Owner for payment of any debt secured thereby. (� No Event of Banlcruptcy h�s occurred as to the Owner. (g) No Event of Default has accurred and is continuing. (h) The sowces of funds available to the Ownex are sufficient to enable the Owner ta complete the construction of the Project in accordance with the Plans and Specificaiions and the Construction/Draw Schedule. (i) The Praject will continue to be owned and operated by the Owner through the Compliance Period or, if latcr, the date (if any) through which the Owne�' is required ta own and operate the Prvject pursuant to the LURA or any other docum�nts gaverninp the use and op�ration of the Praject. (j) The Owner has complied and will comply with all tenms af the Tax Cr�dit Allocation and has made no material changes in the Project withvut the prior written approval of the Autharity. (k) The Project will be ap�rated so that it will meet (and an apprapriate election has been or will be made with respect to) the Minimum Set-Aside Test as of the d.ates established hy Section 42(g)(3) of the Cade asid at all times thereaRer through the end af the Compliance Period. (l) The P�p�eCt will, at all times throughout the ComplianCe Period, meet the Required Percentage. (m) Each of the representatians and disclasur�s made by the Owner ta the Authority in any apptication for the Tax Credits or S�ction 1602 Program Funds is true and correct as of the date hereof except as otherwise disclosed in writing to the Authority and approved in writing by the Authority. Each af the covenants, agr��msnts and condiiians contai.ned in st�ch documents have been duly performed or satisfied by the Owner to the extent that performance or satisfaction is required an or prior to the date af Closing, and the Owner has no reason to believe that the cavenants, agreements, and conditivns required to be perfarmed or satisfied after the date hereof will nat bc performed or satisfied in a timely manner. (n) The LURA will be in effect as of the end of each taacable year in which the buildings in the Project are placed in service. - 14- 4$48-2332-1094.2