to such
Real Property and specifically grant the Administrative Agent and the Lenders an
irrevocable non-exclusive license, subject to the rights of tenants and
landlords, to undertake such an assessment at any reasonable time upon
reasonable notice to the Borrower, all at the sole expense of the Borrower.
9.07.
ERISA.
(A)
AS SOON AS POSSIBLE AND, IN ANY EVENT, WITHIN FIFTEEN
(15) DAYS AFTER THE BORROWER, ANY SUBSIDIARY OF THE BORROWER OR ANY ERISA
AFFILIATE KNOWS OR HAS REASON TO KNOW OF THE OCCURRENCE OF ANY OF THE FOLLOWING,
THE BORROWER WILL DELIVER TO EACH OF THE LENDERS A CERTIFICATE OF THE CHIEF
FINANCIAL OFFICER OF THE BORROWER SETTING FORTH THE FULL DETAILS AS TO SUCH
OCCURRENCE AND THE ACTION, IF ANY, THAT THE BORROWER, SUCH SUBSIDIARY OR SUCH
ERISA AFFILIATE IS REQUIRED OR PROPOSES TO TAKE, TOGETHER WITH ANY NOTICES
REQUIRED OR PROPOSED TO BE GIVEN OR FILED BY THE BORROWER, SUCH SUBSIDIARY, THE
PLAN ADMINISTRATOR OR SUCH ERISA AFFILIATE TO OR WITH THE PBGC OR ANY OTHER
GOVERNMENT AGENCY, OR A PLAN PARTICIPANT AND ANY NOTICES RECEIVED BY THE
BORROWER, SUCH SUBSIDIARY OR ERISA AFFILIATE FROM THE PBGC OR ANY OTHER
GOVERNMENT AGENCY, OR A PLAN PARTICIPANT WITH RESPECT THERETO:
THAT A
REPORTABLE EVENT HAS OCCURRED (EXCEPT TO THE EXTENT THAT THE BORROWER HAS
PREVIOUSLY DELIVERED TO THE LENDERS A CERTIFICATE AND NOTICES (IF ANY)
CONCERNING SUCH EVENT PURSUANT TO THE NEXT CLAUSE HEREOF); THAT A CONTRIBUTING
SPONSOR (AS DEFINED IN SECTION 4001(A)(13) OF ERISA) OF A PLAN SUBJECT TO TITLE
IV OF ERISA IS SUBJECT TO THE ADVANCE REPORTING REQUIREMENT OF PBGC REGULATION
SECTION 4043.61, AND AN EVENT DESCRIBED IN SUBSECTION .62, .63, .64, .65, .66,
.67 OR .68 OF PBGC REGULATION SECTION 4043 IS REASONABLY EXPECTED TO OCCUR WITH
RESPECT TO SUCH PLAN WITHIN THE FOLLOWING 30 DAYS; THAT AN ACCUMULATED FUNDING
DEFICIENCY, WITHIN THE MEANING OF SECTION 412 OF THE CODE OR SECTION 302 OF
ERISA, HAS BEEN INCURRED OR AN APPLICATION MAY BE OR HAS BEEN MADE FOR A WAIVER
OR MODIFICATION OF THE MINIMUM FUNDING STANDARD (INCLUDING ANY REQUIRED
INSTALLMENT PAYMENTS) OR AN EXTENSION OF ANY AMORTIZATION PERIOD UNDER SECTION
412 OF THE CODE OR SECTION 303 OR 304 OF ERISA WITH RESPECT TO A PLAN; THAT ANY
CONTRIBUTION REQUIRED TO BE MADE WITH RESPECT TO A PLAN OR FOREIGN PENSION PLAN
HAS NOT BEEN TIMELY MADE; THAT A PLAN HAS BEEN OR MAY BE TERMINATED,
REORGANIZED, PARTITIONED OR DECLARED INSOLVENT UNDER TITLE IV OF ERISA; THAT A
PLAN HAS AN UNFUNDED CURRENT LIABILITY; THAT PROCEEDINGS MAY BE OR HAVE BEEN
INSTITUTED TO TERMINATE OR APPOINT A TRUSTEE TO ADMINISTER A PLAN WHICH IS
SUBJECT TO TITLE IV OF ERISA; THAT A PROCEEDING HAS BEEN INSTITUTED PURSUANT TO
SECTION 515 OF ERISA TO COLLECT A DELINQUENT CONTRIBUTION TO A PLAN; THAT THE
BORROWER, ANY
69
Subsidiary of the Borrower or any ERISA Affiliate will or may reasonably incur
any liability (including any indirect, contingent, or secondary liability) to or
on account of