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<br />19 <br /> <br /> <br />(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 Agency Loan <br />Documents) on or with respect to any property now or hereafter owned or leased by <br />Developer; <br /> <br />(d) to best of its knowledge, violate any provision of <br />any law presently in effect; or <br /> <br />(e) constitute a breach or default under, or permit the <br />acceleration of obligations owed under, any contract, loan agreement, lease or other <br />agreement or document to which Developer is a party or by which Developer or any of its <br />property is bound. <br /> <br />9.2.3 Developer is not in default, in any respect that is materially adverse <br />to the interests of Agency under the Agency Loan Documents or that would have any <br />material adverse effect on the financial condition of Developer or the conduct of its <br />business, under any law, contract, lease or other agreement or document described in sub- <br />paragraph (d) or (e) of the previous subsection. <br /> <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 <br />has not been previously obtained in connection with: <br /> <br /> (a) the execution by Developer of, and the performance by <br />Developer of its obligations under, the Agency Loan Documents; and <br /> <br /> (b) the creation of the liens described in the Agency Loan <br />Documents. <br /> <br />9.3 Financial and Other Information. To the best of Developer’s <br />knowledge, all financial information furnished to Agency by the Developer or any <br />affiliate thereof with respect to Developer in connection with the Loan (a) is complete <br />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 <br />with generally accepted accounting principles consistently applied or in accordance with <br />such other principles or methods as are reasonably acceptable to Agency. To the best of <br />Developer’s knowledge, all other documents and information furnished to Agency by the <br />Developer or any affiliate thereof with respect to Developer, in connection with the Loan, <br />are correct and complete insofar as completeness is necessary to give the Agency <br />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 Agency in <br />writing and there is no material lien, claim, charge or other right of others of any kinds <br />(including liens or retained security titles of conditional vendors) on any property of <br />Developer not disclosed in such financial statements or otherwise disclosed to Agency in <br />writing. <br /> <br />EXHIBIT 3 <br />3-29