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<br />The Pledged Revenues shall provide a minimum of I.3Sx coverage of the required <br />debt service for the Loan and all other obligations secured by the Pledged <br />Revenues in any given fiscal year. Parity debt covenant of I.SOx for any additional <br />borrowings secured by the Pledge Revenues. <br /> <br />There shall be no material adverse change in the Borrower's financial condition <br />prior to closing. <br /> <br />11. ATTORNEY'S FEE AND COSTS IN THE EVENT LOAN DOES NOT CLOSE: <br />Borrower agrees that should this transaction fail to close for any reason, the Bank's <br />counsel shall be entitled to be reimbursed for any of their out-of-pocket costs and <br />to be paid a reasonable fee for its services through the expiration date of this <br />Commitment, and Borrower understands that such fee shall be paid by Borrower <br />immediately upon receipt of a statement. <br /> <br />12. REPRESENTATIONS: <br />The Borrower warrants and represents that to the best of its knowledge all the <br />documents and/or information provided to the Bank prior to the date hereof are <br />true and correct and further acknowledges that the issuance of this Commitment <br />Letter by the Bank is in reliance upon the accuracy and truth of said documents <br />and/or information Further, the Borrower warrants and represents that all material <br />information known to the Borrower has been disclosed to the Bank and the <br />Borrower acknowledges that the Bank has relied upon this representation in the <br />issuance of this Commitment Letter. <br /> <br />13. COMPLIANCE: <br />This Commitment shall comply with the regulations of the Comptroller of the <br />Currency and the regulatory agencies governing the Bank. <br /> <br />14. WAIVER OF TRIAL BY JURY: <br />IF ANY LEGAL ACTION IS TAKEN WITH RESPECT TO THIS <br />COMMITMENT OR THE LOAN DOCUMENTS, OR ANY <br />TRANSACTION DESCRIBED IN Tms COMMITMENT, THE <br />BORROWER AND BANK WAIVE THEIR RIGHTS TO TRIAL BY <br />JURY. <br /> <br />3 <br />