1983-102 - Laserfiche WebLink

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and is qualified to do business in the State, and has all requisite power and authority to enter into and fully perform this Agreement. All necessary action on the part of ~he Borrower relating to the authorization of its execution and delivery of this Agreement, the Note and the Mortgage, and its performance of its duties and obligations contained herein have been duly taken, and this Agreement, the Note and the Mortgage, when executed nnd delivered, will be valid and enforceable in accordance with their respective terms, except to the extent the enforcement thereof may be limi ted by any applicable bankru)tc y, insolvency, mora- torium or similar laws generally affecting the enforcement of creditors' rights, and subject to the avail ability of equitable remedies, generally. (b) The Borrower has furn ished to the Issuer and to the Trustee a balance sheet of the Borrower as of its most recent fi sca l year and a r elated statement of income for the fiscal year then ended, certified by a financial officer of th e Borrower, which balance sheet and related statement accurately reflect the financial condition and operati ons of the Borrower as of their respective dates. (c} Since the date of the balance sheet as o f the latest date referred to above, there have been no cha nges in the assets or liabilities or financial condition of the Borrower, other than chilnges in the ordinary cours e of business, which in the aggregate are materially aJverse with respect to the Oorrower's ability to perfor1n its obligations under this Agreement. There were no material liabilities, contingent or otherwise, of the Borrower which were not reflected in such balance sheet and relateo st~te- ment of income as of the respective dates thereof, ;ind the Borrower has not entered into any commitments or contracts since the date of the balance sheet as of the latest date referred to above which are not reflected in such balance sheet, other than in the ordinary and nor.mal course of its business, which might, in light of any fa c t or condition presently known to the Borrower, have a materially adverse e ffect upon the financi al condition, operations or business of the Dorrower or its ability to per form its obligations here under. ( d) Since the date of the balance sheet ,:ls of the Latest date referreJ to above, the Borrower has not sustained any material loss or interference with its business from fire, explo- sion, flood, or other calamity , whether or not covered by insurance, or from any labor Jispute or court or gov e rnmental action, order or Jecree, wh ich has had a materially adverse ef fect on the value of its assets, the results of its operations or its income. -11-