REVOLVING CREDIT AGREEMENT

Exhibit 10.62

REVOLVING CREDIT AGREEMENT

Between

WASHINGTON MUTUAL BANK,
as Lender

and

ACADIA REALTY LIMITED PARTNERSHIP,
as Borrower

Dated as of March           , 2007

Loan No. 625029471

REVOLVING CREDIT AGREEMENT

          THIS REVOLVING CREDIT AGREEMENT (this “Agreement”), dated as of the date set forth on the cover page of this Agreement, is made by and between ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”), and WASHINGTON MUTUAL BANK, a federal association (“Lender”).

RECITALS

          Borrower has requested that Lender make loan advances to Borrower from time to time. Subject to the terms and conditions of this Agreement and of the other Loan Documents (as defined below) Lender is willing to make such advances as provided in this Agreement.

          Accordingly, the parties agree as follows:

AGREEMENT

ARTICLE I

DEFINITIONS AND ACCOUNTING TERMS

          Section 1.1. Certain Defined Terms . As used in this Agreement, the following terms will have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined):

          “ Advance ” means an advance of proceeds of the Loan by Lender to Borrower pursuant to Article II.

          “ Affiliate ” means any Person directly or indirectly controlling, controlled by, or under direct or indirect common control with, another identified Person. A Person will be deemed to control a corporation or other entity if such Person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of such corporation or other entity, whether through the ownership of voting securities, by contract or otherwise.

          “ Applicable Margin ” means the interest rate per annum specified as the Applicable Margin in Schedule 1 , which is to be added to the Current Index in determining the Interest Rate.

          “ Authorized Officer ” means any one of the individuals identified as Authorized Officers in Schedule 1 , or such other officer or other individual as Borrower may designate as an Authorized Officer by means satisfactory to Lender.

          “ Borrower ” has the meaning specified in the preamble to this Agreement.

          “ Borrowing ” means a borrowing consisting of the making of an Advance.

          “ Borrowing Request ” means a request in substantially the form of Exhibit B , or in such other form as Lender may specify from time to time, made by Borrower to Lender for a Borrowing pursuant to the terms of this Agreement.

          “ Business Day ” means a day that is not a Saturday, Sunday or other day on which banks are required or authorized to close in the location of Lender’s Applicable Office.

          “ Commitment ” has the meaning specified in Section 2.1.

          “ Current Index ” has the meaning specified in Section 2.5.

          “ Date Down Endorsement ” has the meaning specified in Section 3.1.

          “ Debt Service Coverage Ratio ” has the meaning specified in Schedule 1 .

          “ Default ” has the meaning specified in the definition of “Event of Default”.

          “ Default Rate ” has the meaning specified in Section 2.8.

          “ Dollars ”, “ dollars ” or the symbol “ $ ” means lawful money of the United States of America denominated in United States dollars.

          “ Equity Interest ” means: (a) if Borrower is a corporation, its capital stock; (b) if Borrower is a limited liability company, its membership interests; or (c) if Borrower is a partnership, its partnership interests.

          “ ERISA ” means the Employee Retirement Income Security Act of 1974, as amended.

          “ Event of Default ” means any of the events specified in Section 7.1, provided that there has been satisfied any requirement in connection with such event for the giving of notice, or the lapse of time, or the happening of any further condition, event or act, and “ Default ” will mean any of such events, whether or not any such requirement has been satisfied.

          “ Extension Debt Service Coverage Ratio ” means the Debt Service Coverage Ratio recalculated to exclude from NOI any income from any Qualifying Lease which has a remaining term of less than twenty-four (24) months from the Initial Maturity Date.

          “ Extension Request ” has the meaning specified in Section 2.13.

          “ Extension Term ” has the meaning specified in Section 2.13.

          “ Facility Fee ” has the meaning specified in Section 2.2.

          “ Financial Covenant Parties ” has the meaning specified in Schedule 1 .

          “ GAAP ” means generally accepted accounting principles applicable in the United States, consistently applied.

          “ Indebtedness ” means, with respect to any Person: (a) all items of Indebtedness or liability that would be included in determining total liabilities as shown on the liability side of a balance sheet as of the date of determination; (b) Indebtedness secured by any Lien on property carried on the asset side of the balance sheet of such Person whether or not such Indebtedness has been assumed; (c) any other Indebtedness or liability for borrowed money or for the deferred purchase price of property or services for which such Person is directly or contingently liable as obligor, guarantor, or otherwise, or in respect of which such Person otherwise assures a creditor against loss; and (d) any other obligations of such Person under leases that have been or, pursuant to GAAP, should be recorded as capital leases.

          “ Indemnity ” means that certain Certificate of Indemnity Regarding Hazardous Materials dated as of the date hereof from Borrower and Lender, as the same may be modified, amended, restated or replaced from time to time.

          “ Initial Maturity Date ” has the meaning specified in Section 2.13.

          “ Insolvency Proceeding ” means any proceeding commenced by or against any Person under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, any assignment for the benefit of creditors, or any other proceeding seeking reorganization, arrangement or other relief from Indebtedness.

          “ Interest Adjustment Date ” has the meaning specified in Section 2.5.

          “ Interest Rate ” has the meaning specified in Section 2.5.

          “ Legal Proceeding ” has the meaning specified in Section 8.8.

          “ Lender’s Applicable Office ” means the office of Lender principally responsible for servicing the Loan, which initially will be the office at the address for notices to Lender shown on Schedule 1 .

          “ LIBOR Rate ” has the meaning specified in Section 2.5.

          “ Lien ” means any mortgage, pledge, security interest, encumbrance, lien or charge of any kind (including any agreement to give any of the foregoing, any conditional sale or other title retention agreement, or any lease in the nature thereof).

          “ Loan ” means the loan to be made pursuant to this Agreement.

          “ Loan Documents ” means this Agreement, the Note, the Note Modification Agreement, the Mortgage, the Indemnity, the Guaranty, if any, and all other documents, instruments and agreements related thereto.

          “ Loan Parties ” means Borrower, and, if Borrower is a partnership, Borrower’s general partners.

          “ London Banking Day ” has the meaning specified in Section 2.5.

          “ Material Adverse Effect ” means, as to any Person, any material adverse effect on: (a) the business, assets, operations, capitalization, property, condition (financial or otherwise) or prospects of such Person; or (b) the ability of such Person to pay and perform its obligations as they become due, including, as to Borrower, all obligations of Borrower under the Loan Documents.

          “ Maturity Date ” means February ___, 2010, unless Lender’s obligation to make Advances is earlier terminated pursuant to Section 7.2, in which case the Maturity Date will be such date of earlier termination.

          “ Mortgage ” means that certain mortgage described in, and amended and restated by, that certain Mortgage Modification Agreement between Borrower and Lender dated as of the date hereof, as the same may be modified, amended, restated or replaced from time to time.

          “ NOI ” has the meaning specified in Schedule 2 .

          “ Note ” means the replacement promissory note payable to the order of Lender, delivered pursuant to the Note Modification Agreement, evidencing the aggregate Indebtedness of Borrower to Lender under this Agreement.

          “ Note Modification Agreement ” means that certain Note Modification Agreement dated as of the date hereof between Borrower and Lender.

          “ Person ” means an individual, partnership, corporation (including a business trust), joint stock company, limited liability company, trust, unincorporated association, joint venture or other entity, or any governmental authority or entity.

          “ Property ” has the meaning specified in the Mortgage.

          “ Qualifying Lease ” means a bona fide arm’s-length lease of space in the Property to a tenant unaffiliated with Borrower that is: (i) fully-executed; (ii) unmodified, in full force and effect and not in default or subject to notice of termination; (iii) entered into in compliance with all requirements contained in the Mortgage; (iv) with all tenant improvements completed and paid for by Borrower, to the extent required by the lease; and (v) with the tenant in possession pursuant to all requisite permits and government approvals and paying rent under the lease.

          “ Rent Roll ” means a rent roll for the Property that: (i) shows the tenant name, leased space (by unit number and floor and/or square footage, as applicable), expiration date, gross monthly rent and other tenant charges for each lease of space in the Property; (ii) identifies each listed lease as to whether it is an Qualifying Lease; (iii) is certified as true, complete and correct by a representative of Borrower satisfactory to Lender; and (iv) is otherwise in form and content satisfactory to Lender.

          “ Subsidiary ” means any corporation, limited liability company, partnership or other entity a majority of (a) the total combined voting power of all classes of Equity Interests of which or (b) the outstanding Equity Interests of which are, as of the date of determination, owned by Borrower either directly or through Subsidiaries.

          “ Title Insurer ” has the meaning specified in Section 3.1.

          “ Unused Commitment ” means, as of any date of determination, an amount equal to the Commitment minus the sum of: (a) the outstanding principal balance of the Loan, and (b) the aggregate principal amount of Advances for which a Borrowing Request has been made pursuant to Section 2.4 but which have not been disbursed as of the date of determination.

          “ Unused Fee ” has the meaning specified in Section 2.2.

          Section 1.2. Computation of Time Periods . In this Agreement, in the computation of periods of time from a specified date to a later specified date: (a) the word “from” means “from and including,” (b) the words “to” and “until” each means “to but excluding”; and (c) the word “through” means “through and including”.

          Section 1.3. Accounting Terms . All accounting terms not specifically defined in this Agreement will be construed, and all accounting procedures will be performed, in accordance with GAAP applicable as of the date of this Agreement.

ARTICLE II

AMOUNTS AND TERMS OF THE BORROWINGS

          Section 2.1. The Commitment . Subject to the terms and conditions of this Agreement, Lender will make available to Borrower a revolving credit facility in the maximum amount set forth as the Commitment Amount in Schedule 1 (the “Commitment”), subject to reduction in accordance with the terms and provisions of Schedule 2 .

          Section 2.2. Fees .

            (a) On or before the earlier of the date of the first Advance or the 30th day after the date of this Agreement, Borrower will pay to Lender a nonrefundable facility fee (the “Facility Fee”) in the amount set forth in Schedule 1 .

            (b) Borrower shall, during the term of the Loan, pay to Lender a fee (the “Unused Fee”), computed on the daily Unused Commitment for each day at a rate per annum equal to 0.0125% per annum, calculated on the basis of a year of three hundred sixty (360) days for the actual number of days elapsed. The accrued Unused Fee shall be due and payable quarterly in arrears on the first day of January, April, July and October of each year commencing on July 1, 2007, and upon the Maturity Date (as stated, by acceleration or otherwise).

          Section 2.3. The Borrowings .

            (a) Lender agrees, on the terms and subject to the conditions set forth in this Agreement, during the period from the date of this Agreement to the Maturity Date, to make Advances to Borrower from time to time on any Business Day in an aggregate amount not to exceed the Unused Commitment. Lender will have no obligation to make any Advances on or

after the Maturity Date. Lender will have no obligation to make more than three Advances in any calendar month.

            (b) Each request for an Advance must be in an amount not less than $50,000 or an integral multiple of $10,000 in excess thereof; provided, that Borrower may, subject to the other terms and conditions of this Agreement, request an Advance in the amount of the entire Unused Commitment.

            (c) Borrower may prepay all or any part of any the outstanding principal balance of the Loan pursuant to Section 2.11 and reborrow pursuant to this Section 2.3.

          Section 2.4. Procedure for Borrowings .

            (a)  Borrowing Requests . Each Borrowing Request will be made by Borrower to Lender not later than 10:00 a.m. (prevailing local time at Lender’s Applicable Office) on the second Business Day prior to the date of the proposed Borrowing. Each Borrowing Request will be made by an Authorized Officer of Borrower by telecopy, e-mail or overnight courier delivery, in writing, on the form of Borrowing Request attached as Exhibit A .

            (b)  Availability of Borrowings . Lender will make Borrowings available to Borrower in immediately available funds to an account of Borrower with Lender, or such other account of Borrower as may be approved by Lender.

          Section 2.5. Interest Rate . The Note, the Loan and all amounts owing under this Agreement and the other Loan Documents will bear interest at the rate provided in this Section 2.5 (the “Interest Rate”).

            (a)  Interest Rate Adjustments . The Interest Rate will be adjusted daily to the Current Index (as defined below) plus the Applicable Margin.

            (b)  Definitions . As used in this Section 2.5, the following terms have the meanings set forth below:

     “ Current Index ” means, as of any date of determination, the LIBOR Rate figure available on such day (or if such day is not a London Banking Day, on the most recent London Banking Day) as of 11:00 a.m., London time.

     “ LIBOR Rate ” means the rate, rounded to the nearest one-thousandth of one percentage point (0.001%) for deposits in United States dollars for maturities of one month as determined by Lender based upon the British Bankers Association fixing of the London Interbank Offered Rate.

     “ London Banking Day ” means any day (i) that is not a Saturday or Sunday and (ii) on which commercial banks are generally open for business (including dealings in foreign exchange and foreign currency deposits) in London, England and dealings are carried on in the London interbank market.

          Section 2.6. Payment of Interest . Borrower will pay all accrued interest on the outstanding principal amount of the Loan on the first day of each calendar month.

          Section 2.7. Unavailability of LIBOR Rate . If in the sole judgment of Lender (a) it becomes unlawful for Lender to obtain funds in the London interbank market or to continue to fund or maintain principal amounts bearing interest at rates determined by reference to the LIBOR Rate; or (b) because of conditions in the relevant money markets, the LIBOR Rate will not adequately reflect the cost to Lender of making, funding or maintaining the principal amount of the Loan; or (c) the LIBOR Rate is no longer available or is no longer calculated or reported on a basis reasonably comparable to the basis on which it is calculated and reported on the date of this Agreement, then, in any such event, Lender will choose a new index that reasonably reflects the cost to Lender of making, funding or maintaining the principal amount of the Loan, and such new index will then be the Index. Lender will give Borrower notice of such choice.

          Section 2.8. Default Rate . Upon the occurrence of an Event of Default, and without notice or demand, all amounts outstanding hereunder and under the Note and the other Loan Documents, including all accrued but unpaid interest, will thereafter bear interest at a variable rate, adjusted at the times at which the Interest Rate would otherwise have been adjusted pursuant to Section 2.5, of five percent per annum above the Interest Rate that would have been applicable from time to time had there been no Event of Default (the “Default Rate”) until all Events of Default are cured. Failure to exercise any option granted to Lender hereunder will not waive the right to exercise the same in the event of any subsequent Event of Default. Interest at the Default Rate will commence to accrue upon the occurrence of any Event of Default, including the failure to pay all sums outstanding hereunder and under the other Loan Documents at maturity.

          Section 2.9. Maximum Interest . In no event will charges constituting interest payable by Borrower to Lender exceed the maximum amount permitted under any applicable law or regulation, and if any payments by Borrower exceed such maximum amount, the excess will be applied first to reduce the amounts owing to Lender under this Agreement and the other Loan Documents in such order as Lender may elect, next to reduce any other amounts owing by Borrower to Lender in such order as Lender may elect, and any excess will be refunded to Borrower.

          Section 2.10. Late Charge . If any amount payable under this Agreement, the Note or the other Loan Documents is not paid within fifteen (15) days after the due date thereof, Borrower will pay a late charge of five percent of the delinquent amount as liquidated damages for the extra expense in handling past due payments. Any late charge payable under this Section is in addition to any interest payable at the Default Rate.

          Section 2.11. Prepayments . Borrower may prepay the outstanding principal balance of the Loan in full or in part without premium or penalty at any time and from time to time.

          Section 2.12. Reduction of Balance to Zero . Borrower will reduce the balance of principal and all other amounts outstanding under this Agreement to zero for not less than thirty (30) consecutive days at least once during each successive 364-day period during which this

Agreement remains in effect starting with the 364-day period beginning on the date of this Agreement.

          Section 2.13. Maturity; Extension of Maturity Date .

            (a)  Maturity . Borrower will repay all remaining unpaid principal of and interest on the Loan on or before the Maturity Date.

            (b)  Extension . Borrower may request that Lender extend the Maturity Date of this Note (the “Initial Maturity Date”) for one (1) (but only one) twenty-four (24) month period (the “Extension Term”) by giving Lender notice of such request (an “Extension Request”) to so extend at least thirty (30) days but not more than sixty (60) days prior to the Initial Maturity Date. The date of such request is referred to as the “Request Date”. Borrower may extend the Initial Maturity Date as provided above only upon satisfaction of the following conditions:

      (i) There shall be an Extension Debt Service Coverage Ratio of at least 1.2 to 1.0;

      (ii) Not less than eighty-nine percent (89%) net rentable square feet of the Property must be leased under Qualifying Leases as of the Request Date; and

      (iii) A current estoppel certificate in the form executed and delivered by Borrower showing no adverse information (which, if required by Lender, must be dated within ten (10) days prior to the Initial Maturity Date).

            (c)  Rent Roll . Borrower must deliver to Lender with the Extension Request (i) a Rent Roll current as of the Request Date; (ii) copies of all Qualifying Leases listed on that Rent Roll; and (iii) such further supporting information as Lender may reasonably require.

            (d)  Payment of Costs . Borrower must have paid to Lender all of Lender’s costs and expenses incurred in connection with the extension of the Initial Maturity Date, including but not limited to attorneys’ fees, if any, or must have arranged for such payment to Lender’s satisfaction.

            (e)  Absence of Default or Adverse Change . As of the Request Date: (a) no Default or Event of Default shall exist; (b) no material adverse change in the financial condition or the management of the Property, Borrower or any guarantor of the Loan shall have occurred since the date hereof; and (c) no material adverse change shall have occurred with respect to the Property. Borrower must so certify in writing if requested by Lender.

          Section 2.14. Evidence of Indebtedness . The Advances made by Lender to Borrower will be evidenced by the Note, payable to the order of Lender. Lender may maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of Borrower resulting from Advances and payments made from time to time under this Agreement. In any legal action or proceeding in respect of this Agreement or the Note, the entries made in such account or accounts will be presumptive evidence of the existence and amounts of the obligations of Borrower therein recorded absent manifest error.

          Section 2.15. Illegality . Notwithstanding any other provision of this Agreement, if the introduction of or any change in or in the interpretation of any law or regulation will make it unlawful, or any central bank or other governmental authority will assert that it is unlawful, for Lender to perform its obligations under this Agreement to make or maintain Advances, Lender may, by notice to Borrower, suspend the right of Borrower to elect such Advances and, if necessary in the reasonable opinion of Lender to comply with such law or regulation, Borrower will prepay the outstanding balance of principal and other sums owed to Lender under this Agreement and under the other Loan Documents at the latest time permitted by the applicable law or regulation or, if earlier, on the date such amounts are due and payable under the terms of this Agreement and the other Loan Documents.

ARTICLE III

CONDITIONS OF BORROWING

          Section 3.1. Conditions Precedent to Initial Advance . The obligation of Lender to make the initial Advance is subject to satisfaction by Borrower of the following conditions precedent:

            (a) Lender must have received the following documents in form and substance satisfactory to Lender and, as appropriate, duly executed by the parties thereto:

     (i) This Agreement, the Mortgage, the Indemnity, the Note and all other applicable Loan Documents;

     (ii) Copies of such authorizing resolutions of Borrower and its constituent entities, if any, as Lender may require with respect to the Loan and the Loan Documents;

     (iii) One or more certificates of such Person or Persons on behalf of Borrower and its constituent entities, if any, as Lender may require certifying: (A) the names and true signatures of the officers or other representatives of the applicable entity authorized to sign the Loan Documents; (B) that true and correct copies of the organizational documents of the applicable entities are attached to such certificate or certificates; and (C) such other matters as Lender may require;

     (iv) Current financial statements of Borrower and with respect to the Property and such other financial data as Lender shall require;

     (v) An independent M.A.I. appraisal of the Property and Improvements complying in all respects with the standards for real estate appraisals established pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989;

     (vi) The policies of insurance required by the Mortgage, together with evidence of the payment of the premiums therefor;

     (vii) A detailed report by a properly qualified engineer, which shall include, inter alia , a certification that such engineer has obtained and examined a list of prior

owners, tenants and other users of all or any portion of the Property or any improvements thereon, and has made an on-site physical examination of the Property, and a visual observation of the surrounding areas, and has found no evidence of past or present hazardous materials activities or the presence of hazardous materials;

     (viii) A paid title insurance policy, in the amount of the Loan Allocation for each property in ALTA 10-17-92 or other form approved by Lender, issued by a title insurance company reasonably acceptable to Lender (the “Title Insurer”) which shall insure the Mortgage to be a valid lien on Borrower’s interest in the Property free and clear of all defects and encumbrances except those previously received and approved by Lender, and shall contain (i) full coverage against mechanics’ liens (filed and inchoate), (ii) a reference to the survey but no survey exceptions except those theretofore approved by Lender, (iii) such affirmative insurance and endorsements as Lender may require, and (iv) if any such policy is dated earlier than the date of the disbursement of the Loan, an endorsement to such policy, in form approved by Lender, redating the policy and setting forth no additional exceptions except those approved by Lender’s Counsel (a “Date Down Endorsement”); and shall be accompanied by such reinsurance agreements between the Title Insurer and title companies approved by Lender, in ALTA 1994 facultative form, as Lender may require;

     (ix) An as-built survey of the Property, certified to Lender and the Title Insurer;

     (x) Certified copies of all leases in respect of the Property and an estoppel regarding lease matters from each tenant or from Borrower;

     (xi) Opinions of Borrower’s counsel and local counsel to the effects reasonably required by Lender; Borrower hereby acknowledges that each of its counsel delivering opinion letters to Lender on or about the date hereof has been requested and directed by Borrower to do so;

     (xii) Copies of the certificate(s) of occupancy for the Property and of any and all other authorizations (including plot plan and subdivision approvals, zoning variances, water, sewer, building and other permits) required by governmental authorities or otherwise necessary for the use, occupancy and operation of the Property for their intended purposes in accordance with all applicable laws;

     (xiii) UCC, judgment and litigation searches against Borrower and advice from the Title Insurer to the effect that searches of proper public records disclose no materially adverse matters, leases of personalty or financing statements filed or recorded against the Mortgaged Property or Borrower; and

     (xiv) Such other documents as Lender may require;

            (b) Payment of all fees due and payable pursuant to Section 2.2.

            (c) The representations and warranties made to Lender herein, in the other Loan Documents and in any other document, certificate or statement executed or delivered to

Lender in connection with the Loan shall be true and correct on and as of the date of the advance of the Loan with the same effect as if made on such date.

            (d) The Property shall not have been materially injured or damaged by fire or other casualty.

            (e) Such other conditions precedent as Lender may reasonably require.

          Section 3.2. Conditions Precedent to Each Advance . The obligation of Lender to make each Advance (including but not limited to the initial Advance) will be subject to the further conditions precedent that, on the date of such Advance, before and immediately after giving effect thereto, the following statements must be true and correct, and the making by Borrower of the applicable Borrowing Request will constitute Borrower’s representation and warranty that on and as of the date of such Borrowing Request and as of the date of the requested Borrowing, before and immediately after giving effect thereto, the following statements are and will be true and correct:

     (i) Lender shall have received a Date Down Endorsement from the Title Insurer effective as of the date of the Advance;

     (ii) The representations and warranties contained in Article IV of this Agreement are and will be true and correct in all material respects as though made on and as of such date, unless such representations and warranties are expressly stated to be made as of an earlier date;

     (iii) There shall have occurred no material adverse change in the condition or value of the Property, as defined in the Mortgage;

     (iv) After giving effect to the requested Advance, the Unused Commitment will not be less than zero;

     (v) No event has occurred and is continuing or would result from the requested Advance that constitutes or would constitute a Default or an Event of Default;

     (vi) The most recent financial statements delivered to Lender pursuant to Section 5.3 present fairly the financial position and results of operations of Borrower and the other Persons reported therein as of the date of, and for the periods presented in, such financial statements, and since the date of such financial statements there has not been any material adverse change in the financial condition or operations of Borrower or the other Persons reported therein; and

     (vii) Borrower is and will be in compliance with all covenants contained in Articles V and VI of this Agreement.

ARTICLE IV

REPRESENTATIONS AND WARRANTIES

          Borrower represents and warrants to Lender as follows:

          Section 4.1. Organization . Borrower is duly organized and validly existing under the laws of the jurisdiction of its organization. Borrower has full power and authority to own its properties and to transact the businesses in which it is presently engaged or presently proposes to engage. Borrower is duly qualified to do business and is in good standing in all jurisdictions in which the failure so to qualify could reasonably be expected to have a Material Adverse Effect.

          Section 4.2. Authorization; No Breach . The execution, delivery, and performance of this Agreement and the other Loan Documents by Borrower, to the extent to be executed, delivered or performed by Borrower, have been duly authorized by all necessary corporate, limited liability company, partnership or similar action, as applicable; do not require the consent or approval of any other Person, regulatory authority or governmental body; and do not conflict with, result in a violation of, or constitute a default under (a) any provision of Borrower’s organizational documents, or any agreement or other instrument binding upon Borrower or (b) any law, governmental regulation, court decree, or order applicable to Borrower.

          Section 4.3. Financial Information . Each financial statement of Borrower or any other Person supplied to Lender in connection with the Loan truly and completely disclosed Borrower’s or such other Person’s financial condition as of the date of the statement, and there has been no material adverse change in such financial condition subsequent to the date of the most recent financial statement supplied to Lender. Neither Borrower nor any such other Person has any material contingent obligation except as disclosed in such financial stateme