FINANCING ASSUMPTIONS INCORPORATED IN SUCH FORECASTS.
(E)
TAX AND ASBESTOS LITIGATION REPORTS.
PROMPTLY UPON THE OCCURRENCE OF A MATERIAL EVENT IN CONNECTION WITH (I) ANY TAX
PROCEEDING INVOLVING, OR ANY FEDERAL INCOME TAX LIABILITY, CONTINGENT OR ACTUAL,
OF BMCA, ANY LOAN PARTY, OR ANY OTHER MEMBER OF THE G-I HOLDINGS TAX GROUP, IN
CONNECTION WITH OR ARISING OUT OF THE RHONE POULENC TRANSACTIONS AND
(II) ASBESTOS LITIGATION INVOLVING BMCA OR ANY OF ITS SUBSIDIARIES, PROVIDE A
SUMMARY IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE ADMINISTRATIVE
AGENT OF SUCH EVENT.
(F)
LITIGATION.
PROMPTLY AFTER BMCA BECOMES
AWARE OF THE COMMENCEMENT THEREOF, NOTICE OF ALL ACTIONS, SUITS, INVESTIGATIONS,
LITIGATION AND PROCEEDINGS BEFORE ANY GOVERNMENTAL AUTHORITY AFFECTING ANY LOAN
PARTY OR ANY OF ITS SUBSIDIARIES OF THE TYPE DESCRIBED IN SECTION 4.01(F), AND
PROMPTLY AFTER THE OCCURRENCE THEREOF, NOTICE OF ANY MATERIAL ADVERSE CHANGE IN
THE STATUS OR THE FINANCIAL EFFECT ON ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES
OF THE DISCLOSED LITIGATION FROM THAT DESCRIBED ON SCHEDULE 4.01(F) HERETO.
(G)
SECURITIES REPORTS.
PROMPTLY AFTER THE
SENDING OR FILING THEREOF, COPIES OF ALL PROXY STATEMENTS, FINANCIAL STATEMENTS
AND REPORTS THAT ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES SENDS TO ITS
STOCKHOLDERS AND ARE PUBLICLY AVAILABLE, AND COPIES OF ALL REGULAR, PERIODIC AND
SPECIAL REPORTS, AND ALL REGISTRATION STATEMENTS, 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
SECURITIES EXCHANGE.
84
(H)
CREDITOR REPORTS.
PROMPTLY AFTER THE
FURNISHING THEREOF, COPIES OF ANY STATEMENT OR REPORT FURNISHED TO ANY HOLDER OF
DEBT SECURITIES 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 LENDERS PURSUANT TO ANY OTHER CLAUSE OF THIS
SECTION 5.03.
(I)
ERISA.
(I)
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 BMCA 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.
(II)
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.
(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 THE SPONSOR OF A MULTIEMPLOYER PLAN,