(4) ANY OTHER EVENT THAT OCCURS AFTER THE RESTATEMENT EFFECTIVE DATE WHICH WOULD
CAUSE ANY OF THE REPRESENTATIONS AND WARRANTIES IN SECTION 5 OF THIS AGREEMENT
OR IN ANY OTHER LOAN DOCUMENT TO BE UNTRUE OR MISLEADING IN ANY MATERIAL
RESPECT.
THE FOREGOING NOTICE REQUIREMENT SHALL NOT BE CONSTRUED TO CONSTITUTE
CONSENT BY ANY OF THE LENDERS TO ANY TRANSACTION REFERRED TO ABOVE WHICH IS NOT
EXPRESSLY PERMITTED BY THE TERMS OF THIS AGREEMENT.
(K)
COMPLIANCE CERTIFICATE.
TOGETHER WITH EACH
DELIVERY OF FINANCIAL STATEMENTS OF BORROWER AND ITS SUBSIDIARIES PURSUANT TO
SECTIONS 4.9(A) AND (B), BORROWER WILL DELIVER A FULLY AND PROPERLY COMPLETED
COMPLIANCE CERTIFICATE (IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT 4.9(K) (THE
"COMPLIANCE CERTIFICATE") SIGNED BY BORROWER'S CHIEF EXECUTIVE OFFICER OR CHIEF
FINANCIAL OFFICER.
(L)
CUSTOMER CONCENTRATION.
BORROWER SHALL
PROVIDE PROMPT WRITTEN NOTICE IF THE ACCOUNTS OF ANY CUSTOMER EXCEED IN THE
AGGREGATE AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE AGGREGATE OF ALL
ACCOUNTS OF BORROWER AND ITS DOMESTIC SUBSIDIARIES AT ANY TIME.
(M)
RESERVED.
(N)
OTHER INFORMATION.
WITH REASONABLE
PROMPTNESS, BORROWER WILL DELIVER SUCH OTHER INFORMATION AND DATA WITH RESPECT
TO ANY CREDIT PARTY OR ANY SUBSIDIARY OF ANY CREDIT PARTY AS FROM TIME TO TIME
MAY BE REASONABLY REQUESTED BY AGENT.
(O)
TAXES.
BORROWER SHALL PROVIDE PROMPT
WRITTEN NOTICE OF (I) THE EXECUTION OR FILING WITH THE IRS OR ANY OTHER
GOVERNMENTAL AUTHORITY OF ANY AGREEMENT OR OTHER DOCUMENT EXTENDING, OR HAVING
THE EFFECT OF EXTENDING, THE PERIOD FOR ASSESSMENT OR COLLECTION OF ANY CHARGES
BY ANY CREDIT PARTY OR ANY OF ITS SUBSIDIARIES AND (II) ANY AGREEMENT BY ANY
CREDIT PARTY OR ANY OF ITS SUBSIDIARIES OR REQUEST DIRECTED TO ANY CREDIT PARTY
OR ANY OF ITS SUBSIDIARIES TO MAKE ANY ADJUSTMENT UNDER IRC SECTION 481(A), BY
44
REASON OF A CHANGE IN ACCOUNTING METHOD OR OTHERWISE, IN EACH CASE WHICH COULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
4.10
ACCOUNTING TERMS; UTILIZATION OF GAAP FOR
PURPOSES OF CALCULATIONS UNDER AGREEMENT.
FOR PURPOSES OF THIS AGREEMENT, ALL
ACCOUNTING TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANINGS ASSIGNED
TO SUCH TERMS IN CONFORMITY WITH GAAP.
FINANCIAL STATEMENTS AND OTHER
INFORMATION FURNISHED TO AGENT PURSUANT TO SECTION 4.9 OR ANY OTHER
SECTION (UNLESS SPECIFICALLY INDICATED OTHERWISE) SHALL BE PREPARED IN
ACCORDANCE WITH GAAP AS IN EFFECT AT THE TIME OF SUCH PREPARATION; PROVIDED THAT
NO ACCOUNTING CHANGE SHALL AFFECT FINANCIAL COVENANTS, STANDARDS OR TERMS IN
THIS AGREEMENT; PROVIDED FURTHER THAT BORROWER SHALL PREPARE FOOTNOTES TO THE
FINANCIAL STATEMENTS REQUIRED TO BE DELIVERED HEREUNDER THAT SHOW THE
DIFFERENCES BETWEEN THE FINANCIAL STATEMENTS DELIVERED (WHICH REFLECT SUCH
ACCOUNTING CHANGES) AND THE BASIS FOR CALCULATING FINANCIAL COVENANT COMPLIANCE
(WITHOUT REFLECTING SUCH ACCOUNTING CHANGES). ALL SUCH ADJUSTMENTS DESCRIBED IN
CLAUSE (C) OF THE DEFINITION OF THE TERM ACCOUNTING CHANGES RESULTING FROM
EXPENDITURES MADE SUBSEQUENT TO THE RESTATEMENT EFFECTIVE DATE (INCLUDING
CAPITALIZATION OF COSTS AND EXPENSES OR PAYMENT OF PRE-RESTATEMENT EFFECTIVE
DATE LIABILITIES) SHALL BE TREATED AS EXPENSES IN THE PERIOD THE EXPENDITURES
ARE MADE.
SECTION