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(c) result in or require the creation of any lien, claim, <br />charge or other right of others of any kind (other than under the City Loan Documents) on or <br />with respect to any property now or hereafter owned or leased by Developer; <br />or <br />(d) to best of its knowledge, violate any provision of any law <br />presently in effect; <br />(e) constitute a breach or default under, or permit the <br />acceleration of obligations owed under, any contract, loan agreement, lease or other agreement or <br />document to which Developer is a party or by which Developer or any of its property is bound. <br />9.2.3 Developer is not in default, in any respect that is materially adverse <br />to the interests of City under the Loan Documents or that would have any material adverse effect <br />on the fmancial condition of Developer or the conduct of its business, under any law, contract, <br />lease or other agreement or document described in sub-paragraph (d) or (e) of the previous <br />subsection. <br />9.2.4 No approval, license, exemption or other authorization from, or <br />filing, registration or qualification with, any Governmental Authority is required which has not <br />been previously obtained in connection with: <br />(a) the execution of Developer of, and the <br />performance by Developer of its obligations under, the Loan Documents; and <br />Documents. <br />(b) the creation of the liens described in the Loan <br />9.3 Financial and Other Information. To the best of Developer's knowledge, all financial <br />information furnished to City with respect to Developer in connection with the Loans (a) is <br />complete and correct in all material respects as of the date of preparation thereof, (b) accurately <br />presents the financial condition of Developer, and (c) has been prepared in accordance with <br />generally accepted accounting principles consistently applied or in accordance with such other <br />principles or methods as are reasonably acceptable to City. To the best of Developer's <br />knowledge, all other documents and information furnished to City with respect to Developer, in <br />connection with the Loans, are correct and complete insofar as completeness is necessary to give <br />the City accurate knowledge of the subject matter. To the best of Developer's knowledge <br />Developer has no material liability or contingent liability not disclosed to City in writing and <br />there is no material lien, claim, charge or other right of others of any kinds (including liens or <br />retained security titles of conditional vendors) on any property of Developer not disclosed ire <br />such fmancial statements or otherwise disclosed to City in writing. <br />9.4 No Material Adverse Change. There has been no material adverse change in the <br />condition, financial or otherwise, of Developer since the dates of the latest financial statements <br />furnished to City. Since those dates, Developer has not entered into any material transaction not <br />disclosed in such fmancial statements or otherwise disclosed to City in writing. <br />17 <br />1076\01\1333668.1 <br />