OF MANAGERS OF THE BORROWER OR ANY SUCH SUBSIDIARY, TO
SUCH LETTER OR REPORT.
(I)
SEC AND OTHER FILINGS; REPORTS TO
SHAREHOLDERS.
IF THE BORROWER OR ONE OF ITS SUBSIDIARIES OR AFFILIATES SEEKS TO
BECOME A PUBLICLY TRADED COMPANY, A COPY OF ITS S-1 REGISTRATION STATEMENT
SIMULTANEOUSLY WITH ITS FILING WITH THE SEC AND THEREAFTER PROMPTLY AFTER THE
SAME BECOME PUBLICLY AVAILABLE, COPIES OF ALL PERIODIC AND OTHER REPORTS, PROXY
STATEMENTS AND OTHER MATERIALS FILED BY THE BORROWER OR ANY SUBSIDIARY OR
AFFILIATE WITH THE SEC, OR WITH ANY NATIONAL SECURITIES EXCHANGE, OR DISTRIBUTED
BY THE BORROWER TO ITS SHAREHOLDERS GENERALLY, AS THE CASE MAY BE.
DOCUMENTS
REQUIRED TO BE DELIVERED PURSUANT TO THIS CLAUSE (I) MAY BE DELIVERED
ELECTRONICALLY AND IF SO DELIVERED SHALL BE DEEMED TO HAVE BEEN DELIVERED ON THE
DATE (X) ON WHICH THE BORROWER POSTS SUCH DOCUMENTS, OR PROVIDES A LINK THERETO
ON THE BORROWER'S WEBSITE
61
ON THE INTERNET; OR (II) ON WHICH SUCH DOCUMENTS ARE POSTED ON THE BORROWER'S
BEHALF ON INTRALINKS/SYNDTRAK OR ANOTHER RELEVANT WEBSITE, IF ANY, TO WHICH EACH
LENDER AND THE ADMINISTRATIVE AGENT HAVE ACCESS (WHETHER A COMMERCIAL,
THIRD-PARTY WEBSITE OR WHETHER SPONSORED BY THE ADMINISTRATIVE AGENT); PROVIDED
THAT:
(I) UPON WRITTEN REQUEST BY THE ADMINISTRATIVE AGENT, THE BORROWER SHALL
DELIVER PAPER COPIES OF SUCH DOCUMENTS TO THE ADMINISTRATIVE AGENT FOR FURTHER
DISTRIBUTION TO EACH LENDER UNTIL A WRITTEN REQUEST TO CEASE DELIVERING PAPER
COPIES IS GIVEN BY THE ADMINISTRATIVE AGENT AND (II) THE BORROWER SHALL NOTIFY
(WHICH MAY BE BY FACSIMILE OR ELECTRONIC MAIL) THE ADMINISTRATIVE AGENT OF THE
POSTING OF ANY SUCH DOCUMENTS AND PROVIDE TO THE ADMINISTRATIVE AGENT BY
ELECTRONIC MAIL ELECTRONIC VERSIONS (I.E., SOFT COPIES) OF SUCH DOCUMENTS.
(J)
NOTICES UNDER MATERIAL INSTRUMENTS.
PROMPTLY AFTER THE FURNISHING THEREOF, COPIES OF ANY FINANCIAL STATEMENT, REPORT
OR NOTICE FURNISHED TO OR BY ANY PERSON PURSUANT TO THE TERMS OF ANY PREFERRED
STOCK DESIGNATION, INDENTURE, LOAN OR CREDIT OR OTHER SIMILAR AGREEMENT, OTHER
THAN THIS AGREEMENT AND NOT OTHERWISE REQUIRED TO BE FURNISHED TO THE LENDERS
PURSUANT TO ANY OTHER PROVISION OF THIS SECTION 8.01.
(K)
LISTS OF PURCHASERS.
CONCURRENTLY WITH THE
DELIVERY OF ANY RESERVE REPORT TO THE ADMINISTRATIVE AGENT PURSUANT TO
SECTION 8.12, A LIST OF THE NAMES AND ADDRESSES OF ALL PERSONS PURCHASING
HYDROCARBONS FROM THE BORROWER OR ANY SUBSIDIARY.
(L)
NOTICE OF SALES OF OIL AND GAS
PROPERTIES.
IN THE EVENT THE BORROWER OR ANY SUBSIDIARY INTENDS TO SELL,
TRANSFER, ASSIGN OR OTHERWISE DISPOSE OF ANY OIL OR GAS PROPERTIES OR ANY EQUITY
INTERESTS IN ANY SUBSIDIARY IN ACCORDANCE WITH SECTION 9.12, PRIOR WRITTEN
NOTICE OF SUCH DISPOSITION, THE PRICE THEREOF AND THE ANTICIPATED DATE OF
CLOSING AND ANY OTHER DETAILS THEREOF REQUESTED BY THE ADMINISTRATIVE AGENT OR
ANY LENDER.
(M)
NOTICE OF CASUALTY EVENTS.
PROMPT WRITTEN
NOTICE, AND IN ANY EVENT WITHIN THREE BUSINESS DAYS, OF THE OCCURRENCE OF ANY
CASUALTY EVENT OR THE COMMENCEMENT OF ANY ACTION OR PROCEEDING THAT COULD
REASONABLY BE EXPECTED TO RESULT IN A CASUALTY EVENT.
(N)
INFORMATION