PENSION PLAN;
(K)
PROMPTLY AND IN ANY EVENT WITHIN FIVE
BUSINESS DAYS AFTER RECEIPT THEREOF BY A LOAN PARTY OR ANY OF ITS ERISA
AFFILIATES FROM A MULTIEMPLOYER PLAN SPONSOR, A COPY OF EACH NOTICE RECEIVED BY
SUCH PERSON CONCERNING (X) THE IMPOSITION OR AMOUNT OF WITHDRAWAL LIABILITY
UNDER SUBTITLE E OF TITLE IV OF ERISA OR (Y) ANY DETERMINATION BY A
MULTIEMPLOYER PLAN SPONSOR THAT SUCH MULTIEMPLOYER PLAN IS, OR IS EXPECTED TO
BE, IN "REORGANIZATION" (WITHIN THE MEANING OF SECTION 4241 OF ERISA) OR
"INSOLVENT" (WITHIN THE MEANING OF SECTION 4245 OF ERISA), OR HAS INCURRED OR IS
EXPECTED TO INCUR AN "ACCUMULATED FUNDING DEFICIENCY" (WITHIN THE MEANING OF
SECTION 302 OF ERISA OR SECTION 412 OF THE CODE);
(L)
UPON REQUEST OF AGENT MADE FROM TIME TO
TIME, A COPY OF ANY PENSION PLAN SPONSORED, CONTRIBUTED TO, PARTICIPATED IN OR
MAINTAINED BY BORROWER OR ANY ERISA AFFILIATE;
22
(M)
WITH REASONABLE PROMPTNESS, SUCH OTHER
INFORMATION RESPECTING THE BUSINESS, PROPERTIES, OPERATIONS, PROSPECTS OR
CONDITION (FINANCIAL OR OTHERWISE) OF ANY MEMBER OF THE CONSOLIDATED GROUP AND
ANY OTHER PRIMARY OBLIGOR AND, TO THE EXTENT REASONABLY AVAILABLE, ANY OTHER
RELATED ENTITY AS AGENT OR ANY LENDER MAY FROM TIME TO TIME IN WRITING
REASONABLY REQUEST PROVIDED, THAT BORROWER SHALL NOT BE REQUIRED TO FURNISH TO
AGENT OR ANY LENDER ANY SUCH INFORMATION RELATING TO A PORTFOLIO ENTITY IF (I)
THE CHARTER DOCUMENTS OF, OR SHAREHOLDER AGREEMENT RELATING TO, SUCH PERSON, IN
EACH CASE AS IN EFFECT ON THE DATE OF FORMATION OF SUCH PERSON, PROHIBIT SUCH
DISCLOSURE AND (II) NOTICE OF SUCH PROHIBITION ON DISCLOSURE IS PROVIDED TO
AGENT WITHIN FIVE DAYS OF FORMATION OF SUCH PERSON (ANY SUCH RESTRICTION, A
"DISCLOSURE RESTRICTION"); AND
(N)
AS SOON AS AVAILABLE AND IN ANY EVENT WITHIN
30 DAYS AFTER THE CLOSE OF EACH CALENDAR MONTH, AS AT THE END OF SUCH MONTH AND
FOR THE PERIOD COMMENCING AT THE END OF THE PREVIOUS FISCAL YEAR AND ENDING WITH
THE END OF SUCH MONTH, A BALANCE SHEET OF EACH NEW VENTURE, AND THE RELATED
STATEMENT OF OPERATIONS FOR SUCH PERIOD, EACH CERTIFIED BY THE CFO OF SUCH NEW
VENTURE AS BEING PREPARED IN ACCORDANCE WITH GAAP AND TO PRESENT FAIRLY THE
FINANCIAL POSITION AND RESULTS OF OPERATION OF SUCH NEW VENTURE FOR SUCH PERIOD.
7.2
OTHER REQUIRED NOTICES.
(A)
BORROWER SHALL NOTIFY AGENT PROMPTLY AFTER
OBTAINING KNOWLEDGE OF:
(I)
EXCEPT AS OTHERWISE PREVIOUSLY
DISCLOSED, ANY EVENT OR OCCURRENCE WHICH BORROWER HAS DETERMINED COULD HAVE A
MATERIAL ADVERSE EFFECT AS A RESULT OF A LOSS OR DECLINE IN VALUE OF THE ASSETS
OF BORROWER, ANY PRIMARY OBLIGOR, ANY PORTFOLIO ENTITY OR ANY RELATED ENTITY DUE
TO CASUALTY OR ANY OTHER ADVERSE OCCURRENCE AND THE ESTIMATED (OR ACTUAL, IF
AVAILABLE) AMOUNT OF SUCH LOSS OR DECLINE;
(II)
THE INSTITUTION OF (X) ANY SUIT OR
ADMINISTRATIVE PROCEEDING WHICH IF DETERMINED ADVERSELY TO BORROWER, ANY PRIMARY
OBLIGOR, ANY PORTFOLIO ENTITY OR ANY RELATED ENTITY IS REASONABLY LIKELY TO OR
COULD REASONABLY BE EXPECTED TO RESULT IN