AND INFORMATION FORMS, AND ALL REGISTRATION STATEMENTS, PROSPECTUSES AND
INFORMATION MEMORANDA, THAT ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES FILES WITH
THE SECURITIES AND EXCHANGE COMMISSION OR ANY GOVERNMENTAL AUTHORITY THAT MAY BE
SUBSTITUTED THEREFOR, OR WITH ANY NATIONAL OR INTERNATIONAL SECURITIES EXCHANGE,
AND COPIES OF ALL PRIVATE PLACEMENT OR OFFERING MEMORANDA PURSUANT TO WHICH
SECURITIES OF SUCH LOAN PARTY OR SUBSIDIARY THAT ARE EXEMPT FROM REGISTRATION
UNDER THE SECURITIES ACT ARE PROPOSED TO BE ISSUED AND SOLD THEREBY.
98
(K)
CREDITOR REPORTS.
PROMPTLY AFTER THE FURNISHING OR RECEIPT
THEREOF, COPIES OF ANY STATEMENT OR REPORT FURNISHED TO OR RECEIVED FROM ANY
OTHER HOLDER OF THE SECURITIES OF ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES
PURSUANT TO THE TERMS OF ANY INDENTURE, LOAN OR CREDIT AGREEMENT, RECEIVABLES
PURCHASE AGREEMENT OR SIMILAR AGREEMENT OF SUCH LOAN PARTY OR SUBSIDIARY WITH
AMOUNTS OUTSTANDING OR HAVING COMMITMENTS TO EXTEND CREDIT IN AN AGGREGATE
PRINCIPAL AMOUNT OF AT LEAST $20,000,000 (INCLUDING, WITHOUT LIMITATION, ANY
AMENDMENTS, WAIVERS OR CONSENTS GIVEN OR REQUESTED IN RESPECT THEREOF AND ANY
NOTICES OF DEFAULT, ACCELERATION OR REDEMPTION DELIVERED THEREUNDER) AND NOT
OTHERWISE REQUIRED TO BE FURNISHED TO THE ADMINISTRATIVE AGENT (FOR THE BENEFIT
OF THE LENDERS) PURSUANT TO ANY OTHER CLAUSE OF THIS SECTION 6.13.
(L)
ERISA EVENTS AND ERISA REPORTS; PLAN TERMINATIONS, ETC.
(I)
PROMPTLY AND IN ANY EVENT WITHIN 15 DAYS AFTER ANY OF THE LOAN PARTIES OR ANY OF
THE ERISA AFFILIATES KNOWS OR HAS REASON TO KNOW THAT ANY ERISA EVENT WHICH
COULD REASONABLY BE EXPECTED TO RESULT IN A MATERIAL LIABILITY HAS OCCURRED, A
STATEMENT OF A RESPONSIBLE OFFICER OF THE BORROWER DESCRIBING SUCH MATERIAL
ERISA EVENT AND THE ACTION, IF ANY, THAT THE BORROWER, SUCH OTHER APPLICABLE
LOAN PARTY OR SUCH ERISA AFFILIATE HAS TAKEN AND/OR PROPOSES TO TAKE WITH
RESPECT THERETO, TOGETHER WITH MATERIALS OR INFORMATION FILED OR TO BE FILED
WITH ANY GOVERNMENTAL AUTHORITY OR ANY TRUSTEE FOR ANY PLAN AS A RESULT OF SUCH
MATERIAL ERISA EVENT; (II) ON THE DATE ON WHICH 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; (III)
PROMPTLY AND IN ANY EVENT WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT THEREOF BY
ANY OF THE LOAN PARTIES OR ANY OF THE ERISA AFFILIATES, COPIES OF EACH NOTICE
FROM THE PBGC STATING ITS INTENTION TO TERMINATE ANY PENSION PLAN OR TO HAVE A
TRUSTEE APPOINTED TO ADMINISTER ANY PENSION PLAN; (IV) PROMPTLY FOLLOWING THE
REQUEST OF THE ADMINISTRATIVE AGENT, OR ANY OF THE LENDERS THROUGH THE
ADMINISTRATIVE AGENT, THEREFOR, A COPY OF THE MOST RECENT SCHEDULE B (ACTUARIAL
INFORMATION) TO THE ANNUAL REPORT (FORM 5500) WITH RESPECT TO EACH OF THE
PENSION PLANS; AND (V) PROMPTLY AND IN ANY EVENT WITHIN 15 BUSINESS DAYS AFTER
RECEIPT THEREOF BY ANY OF THE LOAN PARTIES OR ANY OF THE ERISA AFFILIATES FROM
THE SPONSOR OF A MULTIEMPLOYER PLAN, COPIES OF EACH NOTICE CONCERNING