any Commonly Controlled Entity; and
(x) a copy of the most recently filed actuarial valuation performed for funding
purposes for each Non-US Plan.
6.13
FURTHER ASSURANCES. (A)
FROM TIME TO TIME
EXECUTE AND DELIVER, OR CAUSE TO BE EXECUTED AND DELIVERED, SUCH ADDITIONAL
INSTRUMENTS, CERTIFICATES OR DOCUMENTS, AND TAKE ALL SUCH ACTIONS, AS THE
ADMINISTRATIVE AGENT MAY REASONABLY REQUEST FOR THE PURPOSES OF IMPLEMENTING OR
EFFECTUATING THE PROVISIONS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, OR
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OF MORE FULLY PERFECTING OR RENEWING THE RIGHTS OF THE ADMINISTRATIVE AGENT AND
THE LENDERS WITH RESPECT TO THE COLLATERAL (OR WITH RESPECT TO ANY ADDITIONS
THERETO OR REPLACEMENTS OR PROCEEDS OR PRODUCTS THEREOF OR WITH RESPECT TO ANY
OTHER PROPERTY OR ASSETS HEREAFTER ACQUIRED BY THE US BORROWER OR ANY SUBSIDIARY
WHICH MAY BE DEEMED TO BE PART OF THE COLLATERAL) PURSUANT HERETO OR THERETO.
UPON THE EXERCISE BY THE ADMINISTRATIVE AGENT OR ANY LENDER OF ANY POWER, RIGHT,
PRIVILEGE OR REMEDY PURSUANT TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS WHICH
REQUIRES ANY CONSENT, APPROVAL, RECORDING, QUALIFICATION OR AUTHORIZATION OF ANY
GOVERNMENTAL AUTHORITY, THE US BORROWER WILL EXECUTE AND DELIVER, OR WILL CAUSE
THE EXECUTION AND DELIVERY OF, ALL APPLICATIONS, CERTIFICATIONS, INSTRUMENTS AND
OTHER DOCUMENTS AND PAPERS THAT THE ADMINISTRATIVE AGENT OR SUCH LENDER MAY BE
REQUIRED TO OBTAIN FROM THE US BORROWER OR ANY OF ITS SUBSIDIARIES FOR SUCH
GOVERNMENTAL CONSENT, APPROVAL, RECORDING, QUALIFICATION OR AUTHORIZATION.
(B)
PRESERVE AND PROTECT THE LIEN STATUS OF EACH
RESPECTIVE MORTGAGE AND, IF ANY LIEN (OTHER THAN UNRECORDED LIENS PERMITTED
UNDER SECTION 7.3 THAT ARISE BY OPERATION OF LAW AND OTHER LIENS PERMITTED UNDER
SECTION 7.3(F)) IS ASSERTED AGAINST A MORTGAGED PROPERTY, PROMPTLY AND AT ITS
EXPENSE, GIVE THE ADMINISTRATIVE AGENT A DETAILED WRITTEN NOTICE OF SUCH LIEN
AND PAY THE UNDERLYING CLAIM IN FULL OR TAKE SUCH OTHER ACTION SO AS TO CAUSE IT
TO BE RELEASED OR BONDED OVER IN A MANNER REASONABLY SATISFACTORY TO THE
ADMINISTRATIVE AGENT.
6.14
Maintenance of Ratings. At all times, use
commercially reasonable efforts to maintain a corporate family rating and a
rating with respect to its senior secured debt issued by Moody's and a corporate
rating and a rating with respect to its senior secured debt issued by S&P.
6.15
Post-Closing Requirements. (a) Take all actions
deemed necessary or advisable by the Administrative Agent such that, within 60
days of the Closing Date (or such longer period as may be agreed by the
Administrative Agent in its sole discretion):
(I)
THE ADMINISTRATIVE AGENT SHALL HAVE
RECEIVED, AND THE TITLE INSURANCE COMPANY ISSUING THE POLICY REFERRED TO IN
CLAUSE (III) BELOW (THE "TITLE INSURANCE COMPANY") SHALL HAVE RECEIVED, MAPS OR
PLATS OF AN AS-BUILT SURVEY OF THE SITES OF THE MORTGAGED PROPERTIES CERTIFIED
TO THE ADMINISTRATIVE AGENT AND THE TITLE INSURANCE COMPANY IN A MANNER
SATISFACTORY TO THEM, DATED NOT MORE THAN SIX MONTHS PRIOR TO THE CLOSING DATE
UNLESS THE TITLE INSURANCE COMPANY HAS AGREED TO DELETE ITS SURVEY DISCLOSURE
EXCEPTION AND PROVIDE THE