PERFORMED OR OBSERVED BY IT, MAINTAIN EACH SUCH
RELATED DOCUMENT IN FULL FORCE AND EFFECT, ENFORCE SUCH RELATED DOCUMENT IN
ACCORDANCE WITH ITS TERMS, TAKE ALL SUCH ACTION TO SUCH END AS MAY BE FROM TIME
TO TIME REQUESTED BY THE PAYING AGENT AND, UPON REQUEST OF THE PAYING AGENT,
MAKE TO EACH OTHER PARTY TO EACH SUCH RELATED DOCUMENT SUCH DEMANDS AND REQUESTS
FOR INFORMATION AND REPORTS OR FOR ACTION AS ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES IS ENTITLED TO MAKE UNDER SUCH RELATED DOCUMENT.
(M)
PREPARATION OF ENVIRONMENTAL REPORTS.
AT THE REQUEST OF THE JOINT
LEAD ARRANGERS OR THE COLLATERAL AGENT FROM TIME TO TIME, PROVIDE TO THE LENDER
PARTIES WITHIN 60 DAYS AFTER SUCH REQUEST, AT THE EXPENSE OF THE BORROWER, AN
ENVIRONMENTAL SITE ASSESSMENT REPORT FOR ANY OF ITS OR ITS SUBSIDIARIES'
PROPERTIES DESCRIBED IN SUCH REQUEST, PREPARED BY AN ENVIRONMENTAL CONSULTING
FIRM ACCEPTABLE TO THE JOINT LEAD ARRANGERS OR
61
THE COLLATERAL AGENT, INDICATING THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS
AND THE ESTIMATED COST OF ANY COMPLIANCE, REMOVAL OR REMEDIAL ACTION IN
CONNECTION WITH ANY HAZARDOUS MATERIALS ON SUCH PROPERTIES; WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, IF THE JOINT LEAD ARRANGERS OR THE COLLATERAL AGENT
DETERMINES AT ANY TIME THAT A MATERIAL RISK EXISTS THAT ANY SUCH REPORT WILL NOT
BE PROVIDED WITHIN THE TIME REFERRED TO ABOVE, THE JOINT LEAD ARRANGERS OR THE
COLLATERAL AGENT MAY RETAIN AN ENVIRONMENTAL CONSULTING FIRM TO PREPARE SUCH
REPORT AT THE EXPENSE OF THE BORROWER, AND THE BORROWER HEREBY GRANTS AND AGREES
TO CAUSE ANY SUBSIDIARY THAT OWNS ANY PROPERTY DESCRIBED IN SUCH REQUEST TO
GRANT AT THE TIME OF SUCH REQUEST TO THE JOINT LEAD ARRANGERS, THE LENDER
PARTIES, SUCH FIRM AND ANY AGENTS OR REPRESENTATIVES THEREOF AN IRREVOCABLE
NON-EXCLUSIVE LICENSE, SUBJECT TO THE RIGHTS OF TENANTS, TO ENTER ONTO THEIR
RESPECTIVE PROPERTIES TO UNDERTAKE SUCH AN ASSESSMENT.
(N)
COMPLIANCE WITH TERMS OF LEASEHOLDS.
MAKE ALL PAYMENTS AND
OTHERWISE PERFORM ALL OBLIGATIONS IN RESPECT OF ALL LEASES OF REAL PROPERTY TO
WHICH THE BORROWER OR ANY OF ITS SUBSIDIARIES IS A PARTY, KEEP SUCH LEASES IN
FULL FORCE AND EFFECT AND NOT ALLOW SUCH LEASES TO LAPSE OR BE TERMINATED OR ANY
RIGHTS TO RENEW SUCH LEASES TO BE FORFEITED OR CANCELLED, NOTIFY THE PAYING
AGENT OF ANY DEFAULT BY ANY PARTY WITH RESPECT TO SUCH LEASES AND COOPERATE WITH
THE PAYING AGENT IN ALL RESPECTS TO CURE ANY SUCH DEFAULT, AND CAUSE EACH OF ITS
SUBSIDIARIES TO DO SO, EXCEPT, IN ANY CASE, WHERE THE FAILURE TO DO SO, EITHER
INDIVIDUALLY OR IN THE AGGREGATE, COULD NOT BE REASONABLY LIKELY TO HAVE A
MATERIAL ADVERSE EFFECT.
Section 5.02.
Negative Covenants.
So long as any Advance or any other
Obligation of any Loan Party under any Loan Document shall remain unpaid, any
Letter of Credit shall be outstanding or any Lender Party shall have any
Commitment hereunder, the Borrower will not, at any time:
(A)
LIENS, ETC.
CREATE, INCUR, ASSUME OR SUFFER