SO COULD NOT REASONABLY BE EXPECTED TO RESULT IN
MATERIAL LIABILITY TO ANY LOAN PARTY AND COULD NOT REASONABLY BE EXPECTED TO
RESULT, EITHER INDIVIDUALLY OR IN THE AGGREGATE, IN A MATERIAL ADVERSE EFFECT.
NO LOAN PARTY OR ANY OF ITS PROPERTIES OR OPERATIONS IS SUBJECT TO, OR
REASONABLY ANTICIPATES THE ISSUANCE OF, ANY WRITTEN ORDER FROM OR AGREEMENT WITH
ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITY, NOR SUBJECT TO ANY JUDICIAL
OR DOCKETED ADMINISTRATIVE OR OTHER PROCEEDING, RESPECTING ANY ENVIRONMENTAL
LAW, ENVIRONMENTAL CLAIM OR HAZARDOUS SUBSTANCE. THERE ARE NO HAZARDOUS
SUBSTANCES OR OTHER CONDITIONS OR CIRCUMSTANCES EXISTING WITH RESPECT TO ANY
PROPERTY, ARISING FROM OPERATIONS PRIOR TO THE CLOSING DATE, OR RELATING TO ANY
WASTE DISPOSAL, OF ANY LOAN PARTY THAT WOULD REASONABLY BE EXPECTED TO RESULT,
EITHER INDIVIDUALLY OR IN THE AGGREGATE, IN A MATERIAL ADVERSE EFFECT. NO LOAN
PARTY HAS ANY UNDERGROUND STORAGE TANKS THAT ARE NOT PROPERLY REGISTERED OR
PERMITTED UNDER APPLICABLE ENVIRONMENTAL LAWS OR THAT AT ANY TIME HAVE RELEASED,
LEAKED, DISPOSED OF OR OTHERWISE DISCHARGED HAZARDOUS SUBSTANCES.
9.16
INSURANCE. SET FORTH ON SCHEDULE 9.16 IS A COMPLETE AND ACCURATE
SUMMARY OF THE PROPERTY AND CASUALTY INSURANCE PROGRAM OF THE LOAN PARTIES AS OF
THE CLOSING DATE (INCLUDING THE NAMES OF ALL INSURERS, POLICY NUMBERS,
EXPIRATION DATES, AMOUNTS AND TYPES OF COVERAGE, ANNUAL PREMIUMS, EXCLUSIONS,
DEDUCTIBLES, SELF-INSURED RETENTION, AND A DESCRIPTION IN REASONABLE DETAIL OF
ANY SELF-INSURANCE PROGRAM, RETROSPECTIVE RATING PLAN, FRONTING ARRANGEMENT OR
OTHER RISK ASSUMPTION ARRANGEMENT INVOLVING ANY LOAN PARTY). EACH LOAN PARTY AND
ITS PROPERTIES ARE INSURED WITH FINANCIALLY SOUND AND REPUTABLE INSURANCE
COMPANIES WHICH ARE NOT AFFILIATES OF THE LOAN PARTIES, IN SUCH AMOUNTS, WITH
SUCH DEDUCTIBLES AND COVERING SUCH RISKS AS ARE CUSTOMARILY
36
carried by companies engaged in similar businesses and owning similar properties
in localities where such Loan Parties operate.
9.17
REAL PROPERTY.
SET FORTH ON SCHEDULE 9.17 IS A COMPLETE AND
ACCURATE LIST, AS OF THE CLOSING DATE, OF THE ADDRESS OF ALL REAL PROPERTY OWNED
OR LEASED BY ANY LOAN PARTY, TOGETHER WITH, IN THE CASE OF LEASED PROPERTY, THE
NAME AND MAILING ADDRESS OF THE LESSOR OF SUCH PROPERTY.
9.18
INFORMATION.
TO THE KNOWLEDGE OF THE LOAN PARTIES, ALL
INFORMATION HERETOFORE OR CONTEMPORANEOUSLY HEREWITH FURNISHED IN WRITING BY ANY
LOAN PARTY TO THE ADMINISTRATIVE AGENT OR ANY LENDER FOR PURPOSES OF OR IN
CONNECTION WITH THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY IS, AND
ALL WRITTEN INFORMATION HEREAFTER FURNISHED BY OR ON BEHALF OF ANY LOAN PARTY TO
THE ADMINISTRATIVE AGENT OR ANY LENDER PURSUANT HERETO OR IN CONNECTION HEREWITH
WILL BE, TRUE AND ACCURATE IN EVERY MATERIAL RESPECT ON THE DATE AS OF WHICH
SUCH INFORMATION IS DATED OR CERTIFIED, AND NONE OF SUCH INFORMATION IS OR WILL
BE INCOMPLETE BY OMITTING TO STATE ANY MATERIAL FACT NECESSARY TO MAKE SUCH
INFORMATION NOT MISLEADING IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH MADE (IT
BEING RECOGNIZED BY THE ADMINISTRATIVE AGENT AND THE LENDERS THAT ANY
PROJECTIONS AND FORECASTS PROVIDED BY THE COMPANY ARE BASED