materials described in clauses (a) and (b) above at the times specified therein.
6.02
CERTIFICATES; OTHER INFORMATION.
(A)
DELIVER TO THE ADMINISTRATIVE AGENT FOR
DISTRIBUTION TO EACH LENDER, IN FORM AND DETAIL SATISFACTORY TO THE
ADMINISTRATIVE AGENT AND THE REQUIRED LENDERS:
(I)
CONCURRENTLY WITH THE DELIVERY OF THE
FINANCIAL STATEMENTS REFERRED TO IN SECTIONS 6.01(A) AND (B), A DULY COMPLETED
COMPLIANCE CERTIFICATE SIGNED BY THE CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL
OFFICER, TREASURER OR CONTROLLER OF THE COMPANY, PROVIDED THAT ANY COMPLIANCE
CERTIFICATE DELIVERED PURSUANT TO SECTION 6.01(A) SHALL DISCLOSE THE EXISTENCE
OF ANY AND ALL MATERIAL DOMESTIC SUBSIDIARIES AS OF THE DATE OF SUCH FINANCIAL
STATEMENTS, TOGETHER WITH SUCH SUPPORTING INFORMATION IN RELATION THERETO AS THE
ADMINISTRATIVE AGENT OR THE REQUIRED LENDERS MAY REQUEST;
(II)
PROMPTLY AFTER THE SAME ARE AVAILABLE,
COPIES OF EACH ANNUAL REPORT, PROXY OR FINANCIAL STATEMENT OR OTHER REPORT OR
COMMUNICATION SENT TO THE STOCKHOLDERS OF THE COMPANY, AND COPIES OF ALL ANNUAL,
REGULAR, PERIODIC AND SPECIAL REPORTS AND REGISTRATION STATEMENTS WHICH THE
COMPANY MAY FILE OR BE REQUIRED TO FILE WITH THE SEC UNDER SECTION 13 OR 15(D)
OF THE SECURITIES EXCHANGE ACT OF 1934, AND NOT OTHERWISE REQUIRED TO BE
DELIVERED TO THE ADMINISTRATIVE AGENT PURSUANT HERETO; AND
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(III)
PROMPTLY, SUCH ADDITIONAL INFORMATION
REGARDING THE BUSINESS, FINANCIAL OR CORPORATE AFFAIRS OF THE COMPANY OR ANY
SUBSIDIARY, OR COMPLIANCE WITH THE TERMS OF THE LOAN DOCUMENTS, AS THE
ADMINISTRATIVE AGENT OR ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
(B)
DOCUMENTS REQUIRED TO BE DELIVERED PURSUANT
TO SECTION 6.01(A) OR (B) OR SECTION 6.02(A)(II) (TO THE EXTENT ANY SUCH
DOCUMENTS ARE INCLUDED IN MATERIALS OTHERWISE FILED WITH THE SEC) MAY BE
DELIVERED ELECTRONICALLY AND IF SO DELIVERED, SHALL BE DEEMED TO HAVE BEEN
DELIVERED ON THE DATE (I) ON WHICH THE COMPANY POSTS SUCH DOCUMENTS, OR PROVIDES
A LINK THERETO ON THE COMPANY'S WEBSITE ON THE INTERNET AT THE WEBSITE ADDRESS
LISTED ON SCHEDULE 10.02; OR (II) ON WHICH SUCH DOCUMENTS ARE POSTED ON THE
COMPANY'S BEHALF ON AN INTERNET OR INTRANET WEBSITE, IF ANY, TO WHICH EACH
LENDER AND THE ADMINISTRATIVE AGENT HAVE ACCESS (WHETHER A COMMERCIAL,
THIRD-PARTY WEBSITE OR WHETHER SPONSORED BY THE ADMINISTRATIVE AGENT).
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IN EVERY INSTANCE THE COMPANY SHALL
BE REQUIRED TO PROVIDE PAPER COPIES OF THE COMPLIANCE CERTIFICATES REQUIRED BY
SECTION 6.02(A)(I) TO THE ADMINISTRATIVE AGENT.
EXCEPT FOR SUCH COMPLIANCE
CERTIFICATES, THE ADMINISTRATIVE AGENT SHALL HAVE NO OBLIGATION TO REQUEST THE
DELIVERY OR TO MAINTAIN COPIES OF THE DOCUMENTS REFERRED TO ABOVE, AND IN ANY
EVENT SHALL HAVE NO RESPONSIBILITY TO MONITOR COMPLIANCE BY THE COMPANY WITH ANY
SUCH REQUEST FOR DELIVERY, AND EACH LENDER SHALL BE SOLELY RESPONSIBLE FOR
REQUESTING DELIVERY TO IT OR MAINTAINING ITS COPIES OF SUCH DOCUMENTS.
(C)
EACH BORROWER HEREBY ACKNOWLEDGES THAT (I)
THE ADMINISTRATIVE AGENT AND/OR THE ARRANGERS WILL MAKE AVAILABLE TO THE LENDERS
MATERIALS AND/OR INFORMATION PROVIDED BY OR ON BEHALF OF SUCH BORROWER HEREUNDER
(COLLECTIVELY, "BORROWER MATERIALS") BY POSTING THE BORROWER MATERIALS ON
INTRALINKS OR