THE SUBSIDIARIES), AS THE CASE MAY BE;
(F)
IN THE CASE OF SSCC, AS SOON AS AVAILABLE, AND IN ANY EVENT NO LATER THAN
90 DAYS AFTER THE END OF EACH FISCAL YEAR, A CONSOLIDATED ANNUAL PLAN, PREPARED
IN ACCORDANCE WITH SSCC'S NORMAL ACCOUNTING PROCEDURES APPLIED ON A CONSISTENT
BASIS, FOR THE NEXT FISCAL YEAR OF SSCC; AND
(G)
PROMPTLY FROM TIME TO TIME, SUCH OTHER INFORMATION REGARDING THE
OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF SSCC AND THE
SUBSIDIARIES, OR COMPLIANCE WITH THE TERMS OF ANY LOAN DOCUMENT, AS ANY SENIOR
AGENT, THE ADMINISTRATIVE AGENT OR ANY LENDER MAY REASONABLY REQUEST.
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(H)
INFORMATION REQUIRED TO BE DELIVERED PURSUANT TO THIS SECTION SHALL BE
DEEMED TO HAVE BEEN DELIVERED IF SUCH INFORMATION, OR ONE OR MORE ANNUAL OR
QUARTERLY REPORTS CONTAINING SUCH INFORMATION (INCLUDING, IN THE CASE OF
CERTIFICATIONS REQUIRED PURSUANT TO CLAUSE (B) ABOVE, THE CERTIFICATIONS
ACCOMPANYING ANY SUCH QUARTERLY REPORT PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002), SHALL HAVE BEEN POSTED BY THE ADMINISTRATIVE AGENT
ON AN INTRALINKS OR SIMILAR SITE TO WHICH THE LENDERS HAVE BEEN GRANTED ACCESS
OR SHALL BE AVAILABLE ON THE WEBSITE OF THE SECURITIES AND EXCHANGE COMMISSION
AT .
INFORMATION REQUIRED TO BE DELIVERED PURSUANT TO THIS
SECTION MAY ALSO BE DELIVERED BY ELECTRONIC COMMUNICATIONS PURSUANT TO
PROCEDURES APPROVED BY THE ADMINISTRATIVE AGENT.
SECTION 5.05. LITIGATION AND OTHER NOTICES.
FURNISH TO EACH AGENT, THE
ADMINISTRATIVE AGENT AND EACH LENDER WRITTEN NOTICE OF THE FOLLOWING PROMPTLY
UPON A RESPONSIBLE OFFICER OF THE BORROWER OR ANY SUBSIDIARY OBTAINING KNOWLEDGE
THEREOF:
(A)
ANY EVENT OF DEFAULT OR DEFAULT, SPECIFYING THE NATURE AND EXTENT THEREOF
AND THE CORRECTIVE ACTION (IF ANY) TAKEN OR PROPOSED TO BE TAKEN WITH RESPECT
THERETO;
(B)
THE FILING OR COMMENCEMENT OF, OR ANY NOTICE TO SSCC, THE BORROWER OR ANY
SUBSIDIARY OF THE INTENTION OF ANY PERSON TO FILE OR COMMENCE, ANY ACTION, SUIT
OR PROCEEDING (WHETHER AT LAW OR IN EQUITY OR BY OR BEFORE ANY GOVERNMENTAL
AUTHORITY OR ANY ARBITRATOR) AGAINST SSCC, THE BORROWER OR ANY AFFILIATE THEREOF
THAT, IF ADVERSELY DETERMINED, COULD REASONABLY BE EXPECTED TO RESULT IN A
MATERIAL ADVERSE EFFECT;
(C)
ANY DEVELOPMENT THAT HAS RESULTED IN, OR COULD REASONABLY BE ANTICIPATED TO
RESULT IN, A MATERIAL ADVERSE EFFECT;
(D)
THE OCCURRENCE OF ANY ERISA EVENT THAT, ALONE OR TOGETHER WITH OTHER ERISA
EVENTS, COULD REASONABLY BE EXPECTED TO RESULT IN INCREASED LIABILITY OF THE
BORROWER, ANY OF THE SUBSIDIARIES OR ANY ERISA AFFILIATES IN AN AGGREGATE AMOUNT
MORE THAN $30,000,000 GREATER THAN THE LIABILITY AS OF THE CLOSING DATE
ESTIMATED IN GOOD FAITH WITH REFERENCE TO THE FOLLOWING:
(I) THE PLANS' AND MULTIEMPLOYER PLANS' FUNDED STATUS AS OF THE MOST RECENT
VALUATION OR OTHER STATEMENT OF FINANCIAL CONDITION PRIOR TO THE CLOSING DATE;
OR
(II) WITHDRAWAL LIABILITY WITH RESPECT TO A MULTIEMPLOYER PLAN AS OF THE MOST
RECENT ESTIMATE OF WITHDRAWAL LIABILITY FOR SUCH MULTIEMPLOYER PLAN RECEIVED
BEFORE THE CLOSING DATE; AND
(E)
ANY MATERIAL CASUALTY OR OTHER INSURED DAMAGE TO