SHALL DELIVER TO THE LENDERS AN UPDATED SCHEDULE IV
AS SOON AS POSSIBLE AND, IN ANY EVENT, WITHIN TEN (10) DAYS AFTER THE BORROWER,
SUCH SUBSIDIARY OR SUCH ERISA AFFILIATE MAINTAINS, OR CONTRIBUTES TO (OR INCURS
AN OBLIGATION TO CONTRIBUTE TO), SUCH PENSION PLAN.
SUCH UPDATED SCHEDULE IV
SHALL SUPERSEDE AND REPLACED THE EXISTING SCHEDULE IV.
9.08.
END OF FISCAL YEARS; FISCAL QUARTERS.
THE BORROWER WILL CAUSE (I)
EACH OF ITS, AND EACH OF ITS SUBSIDIARIES', FISCAL YEARS TO END ON DECEMBER 31
OF EACH CALENDAR YEAR AND (II) EACH OF ITS, AND EACH OF ITS SUBSIDIARIES',
FISCAL QUARTERS TO END ON MARCH 31, JUNE 30, SEPTEMBER 30 AND DECEMBER 31 OF
EACH CALENDAR YEAR; PROVIDED THAT FOREIGN SUBSIDIARIES OF THE BORROWER SHALL NOT
BE REQUIRED TO MAINTAIN THE FISCAL YEAR AND FISCAL QUARTER ENDS DESCRIBED ABOVE
IF IT IS NOT PRACTICABLE FOR SUCH FOREIGN SUBSIDIARY TO MAINTAIN SAME AS A
RESULT OF FOREIGN STATUTES, RULES OR LAW APPLICABLE TO SUCH FOREIGN SUBSIDIARY.
9.09.
PERFORMANCE OF OBLIGATIONS.
THE BORROWER WILL, AND WILL CAUSE EACH
OF ITS SUBSIDIARIES TO, PERFORM ALL OF ITS OBLIGATIONS UNDER THE TERMS OF EACH
MORTGAGE, INDENTURE, SECURITY AGREEMENT, LOAN AGREEMENT OR CREDIT AGREEMENT AND
EACH OTHER AGREEMENT, CONTRACT OR
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instrument by which it is bound, except such non-performances as could not,
either individually or in the aggregate, reasonably be expected to have a
Material Adverse Effect.
9.10.
PAYMENT OF TAXES.
THE BORROWER WILL PAY AND DISCHARGE, AND WILL
CAUSE EACH OF ITS SUBSIDIARIES TO PAY AND DISCHARGE, ALL MATERIAL TAXES,
ASSESSMENTS AND GOVERNMENTAL CHARGES OR LEVIES IMPOSED UPON IT OR UPON ITS
INCOME OR PROFITS OR UPON ANY PROPERTIES BELONGING TO IT, PRIOR TO THE DATE ON
WHICH PENALTIES ATTACH THERETO, AND ALL LAWFUL CLAIMS WHICH, IF UNPAID, MIGHT
BECOME A LIEN UPON ANY PROPERTIES OF THE BORROWER OR ANY OF ITS SUBSIDIARIES NOT
OTHERWISE PERMITTED UNDER SECTION 10.01(I); PROVIDED THAT NEITHER THE BORROWER
NOR ANY OF ITS SUBSIDIARIES SHALL BE REQUIRED TO PAY ANY SUCH TAX, ASSESSMENT,
CHARGE, LEVY OR CLAIM WHICH IS BEING CONTESTED IN GOOD FAITH AND BY PROPER
PROCEEDINGS IF IT HAS MAINTAINED ADEQUATE RESERVES WITH RESPECT THERETO IN
ACCORDANCE WITH GAAP.
9.11.
USE OF PROCEEDS.
THE BORROWER WILL USE THE PROCEEDS OF THE TERM
LOANS ONLY AS PROVIDED IN SECTION 8.08.
9.12.
ADDITIONAL SECURITY; FURTHER ASSURANCES; ETC.
(A)
THE BORROWER
WILL, AND WILL CAUSE EACH OTHER CREDIT PARTY TO, GRANT TO THE COLLATERAL AGENT
MORTGAGES IN SUCH REAL PROPERTY OF THE BORROWER AND SUCH CREDIT PARTY AS ARE NOT
COVERED BY THE ORIGINAL SECURITY DOCUMENTS AND AS MAY BE REASONABLY REQUESTED
FROM TIME TO TIME BY THE ADMINISTRATIVE AGENT OR THE REQUIRED LENDERS
(COLLECTIVELY, THE "ADDITIONAL MORTGAGE DOCUMENTS").
ALL SUCH MORTGAGES SHALL
BE GRANTED PURSUANT TO DOCUMENTATION REASONABLY SATISFACTORY IN FORM AND
SUBSTANCE TO THE COLLATERAL AGENT AND SHALL CONSTITUTE VALID AND ENFORCEABLE
PERFECTED HYPOTHECATIONS AND MORTGAGES SUPERIOR TO AND PRIOR TO THE RIGHTS OF
ALL THIRD PERSONS AND ENFORCEABLE AS AGAINST THIRD PARTIES AND SUBJECT TO NO
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