REQUIRED, TO OBTAIN SUCH INSURANCE AT THE EXPENSE OF
BORROWERS.
ALL POLICIES SHALL PROVIDE FOR AT
79
LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO AGENT OF ANY CANCELLATION OR
REDUCTION OF COVERAGE AND THAT AGENT MAY ACT AS ATTORNEY FOR EACH BORROWER AND
GUARANTOR IN OBTAINING, AND AT ANY TIME AN EVENT OF DEFAULT EXISTS OR HAS
OCCURRED AND IS CONTINUING, ADJUSTING, SETTLING, AMENDING AND CANCELING SUCH
INSURANCE.
BORROWERS AND GUARANTORS SHALL CAUSE AGENT TO BE NAMED AS A LOSS
PAYEE AS ITS INTERESTS MAY APPEAR AND AN ADDITIONAL INSURED (BUT WITHOUT ANY
LIABILITY FOR ANY PREMIUMS) UNDER SUCH INSURANCE POLICIES AND BORROWERS AND
GUARANTORS SHALL OBTAIN NON-CONTRIBUTORY LENDER'S LOSS PAYABLE ENDORSEMENTS TO
ALL INSURANCE POLICIES IN FORM AND SUBSTANCE SATISFACTORY TO AGENT.
SUCH
LENDER'S LOSS PAYABLE ENDORSEMENTS SHALL SPECIFY THAT THE PROCEEDS OF SUCH
INSURANCE SHALL BE PAYABLE TO AGENT AS ITS INTERESTS MAY APPEAR AND FURTHER
SPECIFY THAT AGENT AND LENDERS SHALL BE PAID REGARDLESS OF ANY ACT OR OMISSION
BY ANY BORROWER, GUARANTOR OR ANY OF ITS OR THEIR AFFILIATES. WITHOUT LIMITING
ANY OTHER RIGHTS OF AGENT OR LENDERS, ANY INSURANCE PROCEEDS RECEIVED BY AGENT
AT ANY TIME MAY BE APPLIED TO PAYMENT OF THE OBLIGATIONS, WHETHER OR NOT THEN
DUE, IN ANY ORDER AND IN SUCH MANNER AS AGENT MAY DETERMINE.
UPON APPLICATION
OF SUCH PROCEEDS TO THE REVOLVING LOANS, REVOLVING LOANS MAY BE AVAILABLE
SUBJECT AND PURSUANT TO THE TERMS HEREOF TO BE USED FOR THE COSTS OF REPAIR OR
REPLACEMENT OF THE COLLATERAL LOST OR DAMAGES RESULTING IN THE PAYMENT OF SUCH
INSURANCE PROCEEDS.
9.6
FINANCIAL STATEMENTS AND OTHER INFORMATION.
(A)
EACH BORROWER AND GUARANTOR SHALL, AND SHALL CAUSE ANY
RESTRICTED SUBSIDIARY TO, KEEP PROPER BOOKS AND RECORDS IN WHICH TRUE AND
COMPLETE ENTRIES SHALL BE MADE OF ALL DEALINGS OR TRANSACTIONS OF OR IN RELATION
TO THE COLLATERAL AND THE BUSINESS OF SUCH BORROWER, GUARANTOR AND ITS
SUBSIDIARIES IN ACCORDANCE WITH GAAP.
BORROWERS AND GUARANTORS SHALL PROMPTLY
FURNISH TO AGENT AND LENDERS ALL SUCH FINANCIAL AND OTHER INFORMATION AS AGENT
SHALL REASONABLY REQUEST RELATING TO THE COLLATERAL AND THE ASSETS, BUSINESS AND
OPERATIONS OF BORROWERS AND GUARANTORS, AND BORROWER SHALL NOTIFY THE AUDITORS
AND ACCOUNTANTS OF BORROWERS AND GUARANTORS THAT AGENT IS AUTHORIZED TO OBTAIN
SUCH INFORMATION DIRECTLY FROM THEM.
WITHOUT LIMITING THE FOREGOING, BORROWERS
SHALL FURNISH OR CAUSE TO BE FURNISHED TO AGENT, THE FOLLOWING:
(I)
AT ANY TIME AFTER A CASH DOMINION EVENT HAS OCCURRED,
WITHIN THIRTY (30) DAYS AFTER THE END OF EACH FISCAL MONTH THAT IS NOT THE END
OF A FISCAL QUARTER OF BORROWERS AND GUARANTORS AND WITHIN FORTY-FIVE (45) DAYS
AFTER THE END OF EACH FISCAL MONTH THAT IS THE END OF A FISCAL QUARTER OF
BORROWERS AND GUARANTORS, MONTHLY UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
AND UNAUDITED CONSOLIDATING FINANCIAL STATEMENTS (INCLUDING IN EACH CASE BALANCE
SHEETS, STATEMENTS OF INCOME AND LOSS, STATEMENTS OF CASH FLOW, AND STATEMENTS
OF SHAREHOLDERS' EQUITY), ALL IN REASONABLE DETAIL, FAIRLY PRESENTING IN ALL
MATERIAL RESPECTS THE FINANCIAL POSITION AND THE RESULTS