RISK RETENTION) AND
AGAINST SUCH RISKS (INCLUDING LOSS OR DAMAGE BY FIRE AND LOSS IN TRANSIT; THEFT,
BURGLARY, PILFERAGE, LARCENY, EMBEZZLEMENT, AND OTHER CRIMINAL ACTIVITIES;
BUSINESS INTERRUPTION; AND GENERAL LIABILITY) AND SUCH OTHER HAZARDS, AS IS
CUSTOMARILY MAINTAINED BY COMPANIES OF ESTABLISHED REPUTE ENGAGED IN THE SAME OR
SIMILAR BUSINESSES OPERATING IN THE SAME OR SIMILAR LOCATIONS AND (II) ALL
INSURANCE REQUIRED PURSUANT TO THE COLLATERAL DOCUMENTS.
THE COMPANY WILL
FURNISH TO THE LENDERS, UPON REQUEST OF THE ADMINISTRATIVE AGENT, INFORMATION IN
REASONABLE DETAIL AS TO THE INSURANCE SO MAINTAINED.
THE COMPANY SHALL DELIVER
TO THE ADMINISTRATIVE AGENT ENDORSEMENTS (X) TO ALL "ALL RISK" PHYSICAL DAMAGE
INSURANCE POLICIES ON ALL OF THE DOMESTIC LOAN PARTIES' TANGIBLE PERSONAL
PROPERTY AND ASSETS AND BUSINESS INTERRUPTION INSURANCE POLICIES NAMING THE
ADMINISTRATIVE AGENT AS LENDER LOSS PAYEE, AND (Y) TO ALL GENERAL LIABILITY AND
OTHER LIABILITY POLICIES NAMING THE ADMINISTRATIVE AGENT AN ADDITIONAL INSURED.
IN THE EVENT THE COMPANY OR ANY OF ITS SUBSIDIARIES AT ANY TIME OR TIMES
HEREAFTER SHALL FAIL TO OBTAIN OR MAINTAIN ANY OF THE POLICIES OR
51
INSURANCE REQUIRED HEREIN OR TO PAY ANY PREMIUM IN WHOLE OR IN PART RELATING
THERETO, THEN THE ADMINISTRATIVE AGENT, WITHOUT WAIVING OR RELEASING ANY
OBLIGATIONS OR RESULTING DEFAULT HEREUNDER, MAY AT ANY TIME OR TIMES THEREAFTER
(BUT SHALL BE UNDER NO OBLIGATION TO DO SO) OBTAIN AND MAINTAIN SUCH POLICIES OF
INSURANCE AND PAY SUCH PREMIUMS AND TAKE ANY OTHER ACTION WITH RESPECT THERETO
WHICH THE ADMINISTRATIVE AGENT DEEMS ADVISABLE (IN ITS GOOD FAITH, REASONABLE
CREDIT JUDGMENT).
ALL SUMS SO DISBURSED BY THE ADMINISTRATIVE AGENT SHALL
CONSTITUTE PART OF THE OBLIGATIONS, PAYABLE AS PROVIDED IN THIS AGREEMENT.
THE
COMPANY WILL FURNISH TO THE ADMINISTRATIVE AGENT AND THE LENDERS PROMPT WRITTEN
NOTICE OF ANY CASUALTY OR OTHER INSURED DAMAGE TO ANY MATERIAL PORTION OF THE
COLLATERAL OR THE COMMENCEMENT OF ANY ACTION OR PROCEEDING FOR THE TAKING OF ANY
MATERIAL PORTION OF THE COLLATERAL OR INTEREST THEREIN UNDER POWER OF EMINENT
DOMAIN OR BY CONDEMNATION OR SIMILAR PROCEEDING.
SECTION 5.06.
BOOKS AND RECORDS; INSPECTION RIGHTS.
THE COMPANY WILL, AND WILL
CAUSE EACH OF ITS SUBSIDIARIES TO, KEEP PROPER BOOKS OF RECORD AND ACCOUNT IN
WHICH FULL, TRUE AND CORRECT ENTRIES ARE MADE OF ALL DEALINGS AND TRANSACTIONS
IN RELATION TO ITS BUSINESS AND ACTIVITIES.
THE COMPANY WILL, AND WILL CAUSE
EACH OF ITS SUBSIDIARIES TO, PERMIT ANY REPRESENTATIVES DESIGNATED BY THE
ADMINISTRATIVE AGENT OR ANY LENDER, UPON REASONABLE PRIOR NOTICE, TO VISIT AND
INSPECT ITS PROPERTIES, TO EXAMINE AND MAKE EXTRACTS FROM ITS BOOKS AND RECORDS,
AND TO DISCUSS ITS AFFAIRS, FINANCES AND CONDITION WITH ITS OFFICERS AND
INDEPENDENT ACCOUNTANTS, ALL AT SUCH REASONABLE TIMES AND AS OFTEN AS REASONABLY
REQUESTED.
THE COMPANY ACKNOWLEDGES THAT THE ADMINISTRATIVE AGENT, AFTER
EXERCISING ITS RIGHTS OF INSPECTION, MAY PREPARE AND DISTRIBUTE TO THE LENDERS
CERTAIN REPORTS PERTAINING TO THE COMPANY AND ITS SUBSIDIARIES' ASSETS FOR
INTERNAL USE BY THE ADMINISTRATIVE AGENT AND THE LENDERS.
SECTION 5.07.
COMPLIANCE WITH LAWS AND MATERIAL CONTRACTUAL OBLIGATIONS.
THE
COMPANY