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(including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund <br />balances for budget and actual, (3) statement of cash flows, and (4) footnotes, schedules <br />and attachments to the financial statements) within 270 days of its fiscal year end, <br />(ii) such other financial statements and information as Lessor may reasonably request, <br />and (iii) upon Lessor’s request, its annual budget for any prior or current fiscal year or the <br />following fiscal year. The financial statements described in subsection (g)(i) shall be <br />accompanied by an unqualified opinion of Lessee’s auditor. Credit information relating <br />to Lessee may be disseminated among Lessor and any of its affiliates and any of their <br />respective successors and assigns. <br /> (h) Lessee has an immediate need for the Equipment and expects to make <br />immediate use of the Equipment. Lessee’s need for the Equipment is not temporary and <br />Lessee does not expect the need for any item of the Equipment to diminish during the <br />Lease Term. <br /> (i) The payment of the Rental Payments or any portion thereof is not directly <br />or indirectly (x) secured by any interest in property used or to be used in any activity <br />carried on by any person other than a state or local governmental unit or payments in <br />respect of such property; or (y) on a present value basis, derived from payments (whether <br />or not to Lessee) in respect of property, or borrowed money, used or to be used in any <br />activity carried on by any person other than a state or local governmental unit. Lessee <br />shall not permit the Federal government to guarantee any Rental Payments. The <br />Equipment will not be used, directly or indirectly, in any activity carried on by any <br />person other than a state or local governmental unit. No portion of the Acquisition <br />Amount will be used, directly or indirectly, to make or finance loans to any person other <br />than Lessee. Lessee has not entered into any management or other service contract with <br />respect to the use and operation of the Equipment. <br /> (j) There is no pending litigation, tax claim, proceeding or dispute that may <br />adversely affect Lessee’s financial condition or impairs its ability to perform its <br />obligations under this Agreement or the Escrow Agreement. Lessee will, at its expense, <br />maintain its legal existence in good standing and do any further act and execute, <br />acknowledge, deliver, file, register and record any further documents Lessor may <br />reasonably request in order to protect Lessor’s first priority security interest in the <br />Equipment and the Escrow Account and Lessor’s rights and benefits under this <br />Agreement and the Escrow Agreement. <br /> (k) Lessee is the fee owner of the real estate where the Equipment is and will <br />be located and has good and marketable title thereto. There exists no mortgage, pledge, <br />lien, security interest, charge or other encumbrance of any nature whatsoever on or with <br />respect to such real estate, except to the extent of the rights and interests created under <br />the Prior Capital Projects Financing Agreements; <br /> (l) No lease, rental agreement, lease-purchase agreement, payment agreement <br />or contract for purchase to which Lessee has been a party at any time has been terminated <br />by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event <br />160