Common use of Year 2000 Compliance Clause in Contracts

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock GC in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower Debtor has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Debtor or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower Debtor reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower Debtor will promptly notify Greyrock GC in the event the Borrower Debtor discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, will be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have cause a material adverse effectchange in the financial condition, results of operations, business or properties of Borrower (a "Material Adverse Change"). The Borrower will promptly notify Greyrock Lender in the event the that Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant Compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have cause a material adverse effectMaterial Adverse Change.

Year 2000 Compliance. The Borrower has and Holdings have (ia) initiated a review and assessment of all material areas within its and each of its subsidiariesSubsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Borrower, Holdings or any of its subsidiaries (or its suppliers and vendors) Subsidiaries may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to to, including and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with that timetable. The Borrower and Holdings reasonably believes believe that all computer applications (including those of its suppliers and vendors) that are material to its their or any of its subsidiariestheir respective Subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before before, including and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.

Year 2000 Compliance. The Except as disclosed on Schedule 6.24, the Borrower has (i) initiated completed a review and assessment of all areas within its the business and operations of the Borrower and each of its subsidiaries' business and operations Subsidiaries other than Exempted Subsidiaries (including those areas affected by suppliers and vendors) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by the Borrower it or any of its subsidiaries Subsidiaries other than Exempted Subsidiaries (or its their respective suppliers and vendors) may be unable to properly recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, basis and (iii) to date, implemented that such plan in accordance with that such timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its the business or operations of the Borrower or any of its subsidiaries' business and operations Subsidiaries other than Exempted Subsidiaries will on a timely basis be able to properly perform properly date-sensitive functions for all dates before and from and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiariesAffiliates' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that isthat, the risk that computer applications used by the Borrower or any of its subsidiaries Affiliates (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiariesAffiliates' business and operations will on a timely basis be able to perform properly date-date- sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on Borrower or the Property. The Borrower will promptly notify Greyrock Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiariesAffiliates' business and operations will not be Year 2000 compliant Compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiariesSubsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries Subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetabletimetable (except to the extent that a failure to do so could not reasonably be expected to constitute a Material Adverse Event). The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiariesSubsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.

Year 2000 Compliance. The Borrower Guarantor has (i) initiated a review areview and assessment of all areas within its and each of its subsidiariesSubsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Guarantor or any of its subsidiaries Subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower Guarantor reasonably believes that all computer applications (including those of its suppliers the Companies and vendors) their Subsidiaries that are material to its or any of its subsidiariesSubsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effectMaterial Adverse Effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines Guarantor is not actually aware that any computer application (including those applications of its vendors and suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basiscompliant, except to the extent that such a failure to do so could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be materially adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. (a) Borrower represents and warrants as follows: The Borrower has (i) initiated a review and assessment of all areas within its and each of its respective affiliates', subsidiaries' and other related entities (the "Related Entities") business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Borrower, or any of its subsidiaries respective Related Entities (or its their suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its its, or any of its subsidiariesRelated Entities' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in effect on the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its Borrower's, or any of its subsidiariesRelated Entities' business and operations will not be Year 2000 compliant on a timely basisbusiness, except to the extent that such failure could not reasonably be expected to have a material adverse effectoperations, creditworthiness or financial status.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers supplier and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on Borrower or its subsidiaries. The Borrower will promptly notify Greyrock Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers supplier and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effecteffect on Borrower or its subsidiaries.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiariesAffiliates' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that isthat, the risk that computer applications used by the Borrower or any of its subsidiaries Affiliates (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer computers applications (including those of its suppliers and vendors) that are material to its or any of its subsidiariesAffiliates' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 1,2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on Borrower or the Property. The Borrower will promptly notify Greyrock Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiariesAffiliates' business and operations will not be Year 2000 compliant Compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a such failure to do so could not reasonably be expected to have a material adverse effect. The Borrower will promptly notify Greyrock GC in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' Subsidiaries’ business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "“Year 2000 Problem" ” (that is, the risk that computer applications used by the Borrower or any of its subsidiaries Subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 199931,1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' Subsidiaries’ business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "“Year 2000 compliant"”), except to the extent that a failure to do so could not reasonably be expected to have material adverse effectMaterial Adverse Effect. The Borrower will promptly notify Greyrock the Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' or any of its Subsidiaries’ business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such a failure could not reasonably be expected to have a material adverse effect.Material Adverse Effect

Year 2000 Compliance. The Each Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiariesSubsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the such Borrower or any of its subsidiaries Subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Each Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiariesSubsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on any Borrower's business or operations or on the condition or value of the Collateral (a "Material Adverse Effect"). The Each Borrower will promptly notify Greyrock Lender in the event the such Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiariesSubsidiaries' business and operations will not be Year 2000 compliant Compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.