AFTER THE FURNISHING THEREOF, COPIES OF ANY DEFAULT NOTICE
FURNISHED TO ANY HOLDER OF DEBT SECURITIES IN THE AGGREGATE OUTSTANDING IN
EXCESS OF $25,000,000 OF ANY LOAN PARTY OR OF ANY OF ITS SUBSIDIARIES PURSUANT
TO THE TERMS OF ANY INDENTURE, LOAN OR CREDIT OR SIMILAR AGREEMENT AND NOT
OTHERWISE REQUIRED TO BE FURNISHED TO THE LENDER PARTIES PURSUANT TO ANY OTHER
CLAUSE OF THIS SECTION 5.03.
(I)
AGREEMENT NOTICES.
PROMPTLY UPON RECEIPT THEREOF, COPIES OF ALL
NOTICES, REQUESTS AND OTHER DOCUMENTS RECEIVED BY ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES UNDER OR PURSUANT TO ANY RELATED DOCUMENT OR INSTRUMENT, INDENTURE,
LOAN OR CREDIT OR SIMILAR AGREEMENT REGARDING OR RELATED TO ANY BREACH OR
DEFAULT BY ANY PARTY THERETO OR ANY OTHER EVENT THAT COULD MATERIALLY IMPAIR THE
VALUE OF THE INTERESTS OR THE RIGHTS OF ANY LOAN PARTY OR OTHERWISE HAVE A
MATERIAL ADVERSE EFFECT AND COPIES OF ANY AMENDMENT, MODIFICATION OR WAIVER OF
ANY PROVISION OF ANY RELATED DOCUMENT OR INSTRUMENT, INDENTURE, LOAN OR CREDIT
OR SIMILAR AGREEMENT AND, FROM TIME TO TIME UPON REQUEST BY THE PAYING AGENT,
SUCH INFORMATION AND REPORTS REGARDING THE RELATED DOCUMENTS AND SUCH
INSTRUMENTS, INDENTURES AND LOAN AND CREDIT AND SIMILAR AGREEMENTS AS THE PAYING
AGENT MAY REASONABLY REQUEST.
71
(J)
REVENUE AGENT REPORTS.
WITHIN 10 DAYS AFTER RECEIPT, COPIES OF
ALL REVENUE AGENT REPORTS (INTERNAL REVENUE SERVICE FORM 886), OR OTHER WRITTEN
PROPOSALS OF THE INTERNAL REVENUE SERVICE, THAT PROPOSE, DETERMINE OR OTHERWISE
SET FORTH POSITIVE ADJUSTMENTS TO THE FEDERAL INCOME TAX LIABILITY OF THE
AFFILIATED GROUP (WITHIN THE MEANING OF SECTION 1504(A)(1) OF THE INTERNAL
REVENUE CODE) OF WHICH THE BORROWER IS A MEMBER AGGREGATING $25,000,000 OR MORE.
(K)
ERISA.
ERISA EVENTS AND ERISA REPORTS.
(A) PROMPTLY AND IN ANY
EVENT WITHIN 10 DAYS AFTER ANY LOAN PARTY OR ANY ERISA AFFILIATE KNOWS OR HAS
REASON TO KNOW THAT ANY ERISA EVENT HAS OCCURRED, A STATEMENT OF THE CHIEF
FINANCIAL OFFICER OF THE BORROWER DESCRIBING SUCH ERISA EVENT AND THE ACTION, IF
ANY, THAT SUCH LOAN PARTY OR SUCH ERISA AFFILIATE HAS TAKEN AND PROPOSES TO TAKE
WITH RESPECT THERETO AND (B) ON THE DATE ANY RECORDS, DOCUMENTS OR OTHER
INFORMATION MUST BE FURNISHED TO THE PBGC WITH RESPECT TO ANY PLAN PURSUANT TO
SECTION 4010 OF ERISA, A COPY OF SUCH RECORDS, DOCUMENTS AND INFORMATION.
(I)
PLAN TERMINATIONS.
PROMPTLY AND IN ANY EVENT WITHIN TWO BUSINESS
DAYS AFTER RECEIPT THEREOF BY ANY LOAN PARTY OR ANY ERISA AFFILIATE, COPIES OF
EACH NOTICE FROM THE PBGC STATING ITS INTENTION TO TERMINATE ANY PLAN OR TO HAVE
A TRUSTEE APPOINTED TO ADMINISTER ANY PLAN.
(II)
PLAN ANNUAL REPORTS.
PROMPTLY AND IN ANY EVENT WITHIN 30 DAYS
AFTER THE FILING THEREOF WITH THE INTERNAL REVENUE SERVICE, COPIES OF EACH
SCHEDULE B (ACTUARIAL INFORMATION) TO THE ANNUAL REPORT (FORM 5500 SERIES) WITH
RESPECT TO EACH PLAN.
(III)
MULTIEMPLOYER PLAN NOTICES.
PROMPTLY AND IN ANY EVENT WITHIN
FIVE BUSINESS DAYS AFTER RECEIPT THEREOF BY ANY LOAN PARTY OR ANY ERISA
AFFILIATE FROM