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-6- <br />(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 two hundred seventy (270) days after <br />the end of its fiscal year, (ii) such other financial statements and information as Lessor may <br />reasonably request, and (iii) upon Lessor’s request, its annual budget for any prior or <br />current fiscal year or for the following fiscal year when approved but not later than thirty <br />(30) days prior to the end of its current fiscal year. The financial statements described in <br />this subsection (g)(i) shall be accompanied by an unqualified opinion of Lessee’s <br />independent auditor. Credit information relating to Lessee may be disseminated among <br />Lessor and any of its affiliates and any of their 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 />Scheduled Term. <br />(i) The payment of the Rental Payments or any portion thereof is not (under <br />the terms of this Agreement or any underlying arrangement) directly or indirectly <br />(x) secured by any interest in property used or to be used in any activity carried on by any <br />person other than a state or local governmental unit or payments in respect of such <br />property; or (y) on a present value basis, derived from payments (whether or not to <br />Lessee) in respect of property, or borrowed money, used or to be used in any activity <br />carried on by any person other than a state or local governmental unit. The Equipment <br />will not be used, directly or indirectly, in any activity carried on by any person other than <br />a state or local governmental unit. No portion of the Acquisition Amount will be used, <br />directly or indirectly, to make or finance loans to any person other than Lessee. Lessee <br />has not entered into any management or other service contract with respect to the use and <br />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 the Related Documents. Lessee will, at its expense, maintain its legal <br />existence and do any further act and execute, acknowledge, deliver, file, register and <br />record any further documents Lessor may reasonably request in order to protect Lessor’s <br />first priority security interest in the Equipment and the Escrow Account and Lessor’s <br />rights and benefits under the Related Documents. <br />(k) Lessee is the fee owner of the real estate where the Equipment is and will <br />be located (the “Real Property”) and has good and marketable title thereto, and there <br />exists no mortgage, pledge, encumbrance, security interest, charge or other Lien of any <br />nature whatsoever on or with respect to such Real Property. In the event any lien , <br />encumbrance, restriction, asserted encumbrance, claim, dispute or other issue exists or <br />arises with respect to the Lessee’s legal title to or valid and marketable, beneficial use <br />and enjoyment of the Real Property or impairs or adversely impacts Lessor’s right, title <br />or interest in the Equipment or any of Lessor’s rights or remedies under this Agreement <br />with respect to the Equipment (each of the foregoing referred to as a “Real Property <br />285