SHALL DELIVER TO THE AGENT AN ORIGINAL CERTIFICATE OR BINDER SIGNED
BY THE INSURER OR ITS DULY AUTHORIZED REPRESENTATIVE SHOWING THE INSURANCE THEN
MAINTAINED BY SUCH OBLIGOR PURSUANT TO THIS SECTION 9.07, AND STATING THAT SUCH
INSURANCE COMPLIES WITH THE TERMS OF THIS SECTION 9.07, TOGETHER WITH EVIDENCE
THAT PAYMENT OF THE PREMIUMS ON SUCH INSURANCE IS CURRENT.
EACH OBLIGOR SHALL
EFFECT SUCH CHANGES IN THE FORM (BUT NOT THE AMOUNT OR TYPES) OF THE POLICIES
REQUIRED PURSUANT TO THIS SECTION 9.07, AS MAY BE REQUIRED BY THE AGENT,
PROVIDED SUCH CHANGES (A) ARE COMMERCIALLY AVAILABLE AT REASONABLE RATES, WHICH
DETERMINATION SHALL BE MADE BY AGENT AND (B) THE EFFECT OF SUCH CHANGES BY
FIBERMARK OFFICE WOULD NOT RESULT IN A VIOLATION OF THE PROVISIONS OF THE
MORTGAGE.
SECTION 9.08.
BOOKS AND RECORDS; INSPECTION.
EACH OBLIGOR WILL MAINTAIN BOOKS
AND RECORDS PERTAINING TO THE COLLATERAL OWNED BY IT IN SUCH DETAIL, FORM AND
SCOPE AS IS CONSISTENT IN ALL MATERIAL RESPECTS WITH CURRENT PRACTICES AND
AGREES THAT THE BOOKS AND RECORDS OF SUCH OBLIGOR WILL REFLECT THE LENDERS'
INTEREST IN SUCH COLLATERAL.
EACH OBLIGOR AGREES THAT ALL OF ITS BOOKS AND
RECORDS, INCLUDING RECORDS HANDLED OR MAINTAINED FOR SUCH OBLIGOR BY ANY OTHER
COMPANY OR ENTITY, WILL BE AVAILABLE TO THE AGENT, THE LENDERS AND THAT THE
AGENT, THE LENDERS OR THEIR RESPECTIVE AGENTS, ACCOUNTANTS AND ATTORNEYS MAY
ENTER UPON SUCH OBLIGOR'S PREMISES OR ANY OTHER PROPERTIES ON OR IN WHICH ANY OF
SUCH OBLIGOR'S COLLATERAL MAY BE LOCATED AT ANY TIME DURING NORMAL BUSINESS
HOURS UPON REASONABLE NOTICE (PROVIDED, THAT NO SUCH NOTICE IS REQUIRED AFTER
THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT), AND FROM TIME
TO TIME, FOR THE PURPOSE OF INSPECTING THE COLLATERAL, AND ANY AND ALL RECORDS
PERTAINING THERETO, INCLUDING, WITHOUT LIMITATION, COPIES OF AGREEMENTS WITH, OR
PURCHASE ORDERS FROM, SUCH OBLIGOR'S CUSTOMERS, AND COPIES OF INVOICES TO
CUSTOMERS, PROOF OF SHIPMENT OR DELIVERY AND SUCH OTHER DOCUMENTATION AND
INFORMATION RELATING TO SAID ACCOUNTS AND OTHER COLLATERAL AS THE AGENT MAY
REASONABLY REQUIRE.
EACH OBLIGOR HEREBY FURTHER AGREES THAT THE LENDERS MAY,
FROM AND AFTER THE DATE HEREOF, REQUEST ANY INFORMATION FROM, AND HAVE ACCESS TO
SUCH OBLIGOR'S OFFICERS AND ITS INDEPENDENT PUBLIC ACCOUNTANT, AND SUCH OBLIGOR
WILL CAUSE SUCH OFFICERS AND DIRECT SUCH ACCOUNTANTS TO MAKE AVAILABLE TO THE
LENDERS SUCH INFORMATION.
SECTION 9.09.
ERISA COVENANT.
EACH OBLIGOR WILL, AND WILL CAUSE EACH OF ITS
ERISA AFFILIATES TO, MAINTAIN ALL EMPLOYEE BENEFIT PLANS IN COMPLIANCE IN ALL
MATERIAL RESPECTS WITH ALL APPLICABLE LAW, INCLUDING ANY
92
REPORTING REQUIREMENTS, AND MAKE ALL CONTRIBUTIONS DUE UNDER THE TERMS OF EACH
EMPLOYEE BENEFIT PLAN OR AS REQUIRED BY LAW.
AS SOON AS POSSIBLE FOLLOWING THE
DATE HEREOF (BUT IN NO EVENT MORE THAN THIRTY (30) DAYS THEREAFTER) EACH OBLIGOR
CONTRIBUTING TO A MULTIEMPLOYER PLAN SHALL REQUEST FROM EACH SUCH MULTIEMPLOYER
PLAN AN ESTIMATE, IN WRITING, OF WITHDRAWAL LIABILITY (CONTINGENT OR OTHERWISE)
UNDER SUCH MULTIEMPLOYER PLAN AND SHALL PROVIDE A COPY OF SUCH WRITTEN