BY THE
ADMINISTRATIVE AGENT), ALL CONSENTS AND APPROVALS (EACH, AN "IRB CONSENT") THAT
ARE REQUIRED PURSUANT TO THE CURRENT UNDERLYING INDUSTRIAL REVENUE BOND (OR
LIKE) FINANCING DOCUMENTS RELATING TO EACH IRB PROPERTY SUCH THAT THE BORROWERS
OR THE APPLICABLE LOAN PARTY, AS THE CASE MAY BE, WILL BE PERMITTED TO GRANT A
MORTGAGE COVERING EACH IRB PROPERTY WITHOUT BEING IN BREACH OR DEFAULT UNDER
SUCH INDUSTRIAL REVENUE BOND FINANCING DOCUMENTS.
WITHIN 60 DAYS AFTER THE
EARLIER OF (A) RECEIVING THE APPLICABLE IRB CONSENT FOR AN IRB PROPERTY OR
(B) THE UNDERLYING INDUSTRIAL REVENUE BOND (OR LIKE) FINANCING BEING DISCHARGED,
THE BORROWERS SHALL DELIVER, OR CAUSE THE APPLICABLE LOAN PARTY TO DELIVER, TO
THE ADMINISTRATIVE AGENT, THE ITEMS, AGREEMENTS, INSTRUMENTS AND DOCUMENTS SET
FORTH IN SECTION 3.01(B)(IV) AND SECTION 3.01(B)(V) WITH RESPECT TO SUCH IRB
PROPERTY, INCLUDING A NEW LAND SURVEY AS DESCRIBED IN SECTION 5.01(K)(III).
68
(VII)
THE BORROWERS SHALL USE THEIR COMMERCIALLY
REASONABLE EFFORTS TO REQUEST AND OBTAIN OR CAUSE THE APPLICABLE LOAN PARTY WHO
HOLDS TITLE TO EACH LEASED PROPERTY TO REQUEST AND OBTAIN FROM THE APPLICABLE
LANDLORD NOT LATER THAN 60 DAYS AFTER THE CLOSING DATE (OR SUCH LATER DATE AS
MAY BE AGREED TO BY THE ADMINISTRATIVE AGENT), A COLLATERAL ACCESS AGREEMENT
WITH RESPECT TO SUCH LEASED PROPERTY IN FORM AND SUBSTANCE SATISFACTORY TO THE
ADMINISTRATIVE AGENT IN ITS REASONABLE DISCRETION.
(L)
PERFORMANCE OF TAX AGREEMENT.
PERFORM
AND OBSERVE, AND CAUSE EACH OF ITS SUBSIDIARIES TO PERFORM AND OBSERVE, ALL OF
THE TERMS AND PROVISIONS OF THE TAX AGREEMENT TO BE PERFORMED OR OBSERVED BY IT,
MAINTAIN THE TAX AGREEMENT IN FULL FORCE AND EFFECT, ENFORCE THE TAX AGREEMENT
IN ACCORDANCE WITH ITS TERMS, AND TAKE ALL SUCH ACTION UNDER THE TAX AGREEMENT
TO SUCH END AS MAY BE FROM TIME TO TIME REASONABLY REQUESTED BY THE
ADMINISTRATIVE AGENT.
(M)
PREPARATION OF ENVIRONMENTAL REPORTS.
AT THE
REASONABLE REQUEST OF THE ADMINISTRATIVE AGENT FROM TIME TO TIME (NOT TO EXCEED
ONCE PER YEAR FOR EACH SUCH PROPERTY, EXCEPT DURING THE CONTINUANCE OF ANY
DEFAULT), PROVIDE TO THE ADMINISTRATIVE AGENT WITHIN 60 DAYS AFTER SUCH REQUEST
OR SUCH LATER DATE AS MAY BE AGREED TO BY THE ADMINISTRATIVE AGENT, AT THE
EXPENSE OF BMCA, AN ENVIRONMENTAL SITE ASSESSMENT REPORT FOR ANY OF ITS OR ITS
SUBSIDIARIES' PROPERTIES DESCRIBED IN SUCH REQUEST, PREPARED BY AN ENVIRONMENTAL
CONSULTING FIRM ACCEPTABLE TO THE ADMINISTRATIVE AGENT, INDICATING THE PRESENCE
OR ABSENCE OF HAZARDOUS MATERIALS AND THE ESTIMATED COST OF ANY COMPLIANCE,
REMOVAL OR REMEDIAL ACTION IN CONNECTION WITH ANY HAZARDOUS MATERIALS ON SUCH
PROPERTIES, IF ANY.
(N)
COMPLIANCE WITH TERMS OF LEASEHOLDS.
MAKE
ALL PAYMENTS AND OTHERWISE PERFORM ALL OBLIGATIONS IN RESPECT OF ALL LEASES OF
REAL PROPERTY TO WHICH BMCA OR ANY OF ITS SUBSIDIARIES IS A PARTY, KEEP SUCH
LEASES IN FULL FORCE AND EFFECT AND NOT ALLOW SUCH LEASES TO LAPSE OR BE
TERMINATED OR ANY RIGHTS TO RENEW SUCH LEASES TO BE FORFEITED OR CANCELLED,
NOTIFY THE ADMINISTRATIVE AGENT OF ANY MATERIAL DEFAULT OF WHICH IT IS