SECTION 6.1 AS OF THE END OF THE RESPECTIVE MONTH OR FISCAL YEAR, AS APPLICABLE;
PROVIDED, HOWEVER, WITH RESPECT TO ANY PERMITTED ACQUISITION, EACH BORROWER
SHALL (A) DELIVER SUCH CERTIFICATE, WITH PRELIMINARY PRO FORMA FINANCIAL
INFORMATION REQUIRED UNDER ARTICLE 6 ON THE CLOSING DATE OF SUCH PERMITTED
ACQUISITION; AND (B) DELIVER SUCH A CERTIFICATE WITH FINAL PRO FORMA FINANCIAL
INFORMATION REQUIRED UNDER ARTICLE 6, WITHIN 75 DAYS AFTER THE CLOSING DATE OF
SUCH PERMITTED ACQUISITION; AND
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PROVIDED FURTHER THAT WITH RESPECT TO THE FINANCIAL STATEMENTS DELIVERED
PURSUANT TO 5.1(B)(I) SUCH CERTIFICATE SHALL BE ADJUSTED TO THE EXTENT NECESSARY
TO CONFORM TO THE COVENANTS APPLICABLE TO SUCH FISCAL YEARS UNDER THE TERMS OF
THE RESTATED AGREEMENT AS THEN IN EFFECT FOR SUCH FISCAL YEARS.
(F)
MONTHLY REPORTS.
WITHIN 30 DAYS AFTER THE END OF EACH FISCAL
MONTH, (I) A CONSOLIDATED BORROWING BASE CERTIFICATE IN THE FORM OF EXHIBIT N,
EXECUTED BY THE PRESIDENT OR CHIEF FINANCIAL OFFICER OF PARENT COMPANY, WITH
INFORMATION REQUIRED THEREIN COMPLETED TO REFLECT THE CONSOLIDATED BORROWING
BASE AS OF THE END OF THE FISCAL MONTH; AND (II) AN AGING SCHEDULE OF ACCOUNTS
RECEIVABLE IN SUMMARY FORM, CERTIFIED BY THE PRESIDENT OR CHIEF FINANCIAL
OFFICER OF PARENT COMPANY, WHICH REFLECTS AGING OF CURRENT ACCOUNTS RECEIVABLE
OF THE COMPANIES WHICH ARE CURRENT OR 30, 60 OR 90 DAYS PAST DUE AS OF THE END
OF SUCH PRECEDING FISCAL MONTH;
(G)
INSURANCE REPORT.
WITHIN 15 DAYS AFTER ANY SIGNIFICANT CHANGE IN
INSURANCE COVERAGE BY BORROWER, A REPORT DESCRIBING SUCH CHANGE; AND, WITHIN 90
DAYS AFTER THE END OF EACH FISCAL YEAR, A REPORT DESCRIBING THE INSURANCE
COVERAGE OF BORROWER;
(H)
LITIGATION REPORTS.
WITHIN (I) 90 DAYS AFTER THE END OF EACH
FISCAL YEAR, COMPLETE REPORTS BY COUNSEL TO EACH COMPANY DESCRIBING ALL
LITIGATION AFFECTING SUCH COMPANY OR ANY OF ITS PROPERTY WHICH COULD REASONABLY
BE EXPECTED TO (A) RESULT IN A JUDGMENT IN EXCESS OF $500,000 (WITHOUT REGARD TO
INSURANCE COVERAGE); OR (B) OTHERWISE HAVE A MATERIAL ADVERSE EFFECT; AND (II)
45 DAYS AFTER THE END OF EACH FISCAL QUARTER (EXCEPT THE LAST) IN WHICH A
SIGNIFICANT CHANGE IN LITIGATION HAS OCCURRED OR ADDITIONAL LITIGATION HAS BEEN
THREATENED OR COMMENCED, REPORTS BY COUNSEL TO SUCH COMPANY DESCRIBING SUCH
CHANGES IN OR ADDITIONS TO LITIGATION SINCE THE DATE OF THE ANNUAL LITIGATION
REPORT MOST RECENTLY RECEIVED BY THE AGENT;
(I)
ENVIRONMENTAL NOTICES.
NOTICE TO THE AGENT, IN WRITING, PROMPTLY
UPON ANY COMPANY'S RECEIPT OF NOTICE OR OTHERWISE LEARNING (WHICHEVER FIRST
OCCURS) FROM ANY PERSON OF ANY (I) ENVIRONMENTAL COMPLAINT OR ENVIRONMENTAL
LIEN; OR (II) ANY OTHER CLAIM, DEMAND, ACTION, EVENT, CONDITION, REPORT OR
INVESTIGATION INDICATING ANY POTENTIAL OR ACTUAL LIABILITY (A) UPON WHICH ANY
ENVIRONMENTAL LIABILITY OR ENVIRONMENTAL LIEN COULD RESULT AGAINST ANY COMPANY,
ANY BANK OR ANY PROPERTY OF ANY COMPANY; OR (B) ARISING IN CONNECTION WITH (1)
THE NON-COMPLIANCE WITH, OR VIOLATION OF, THE REQUIREMENTS OF ANY ENVIRONMENTAL
LAW; (2) THE RELEASE OR THREATENED RELEASE, GENERATION, TREATMENT, HANDLING,
STORAGE, DISPOSAL OR TRANSPORTATION OF ANY HAZARDOUS MATERIAL INTO