EMPLOYEE WELFARE BENEFIT PLAN (AS DEFINED IN SECTION
3(1) OF ERISA) THAT PROVIDES BENEFITS TO RETIRED EMPLOYEES OR OTHER FORMER
EMPLOYEES (OTHER THAN AS REQUIRED BY SECTION 601 OF ERISA) OR ANY PLAN IN
ADDITION TO THE LIABILITY THAT EXISTED ON THE INITIAL BORROWING DATE PURSUANT TO
ANY SUCH PLAN OR PLANS.
UPON REQUEST BY ANY LENDER, THE BORROWER WILL DELIVER
TO SUCH LENDER A COMPLETE COPY OF THE ANNUAL REPORT (ON INTERNAL REVENUE SERVICE
FORM 5500-SERIES) OF EACH PLAN (INCLUDING, TO THE EXTENT REQUIRED, THE RELATED
FINANCIAL AND ACTUARIAL STATEMENTS AND OPINIONS AND OTHER SUPPORTING STATEMENTS,
CERTIFICATIONS, SCHEDULES AND INFORMATION) REQUIRED TO BE FILED WITH THE
INTERNAL REVENUE SERVICE.
IN ADDITION TO ANY CERTIFICATES OR NOTICES DELIVERED
TO THE LENDERS PURSUANT TO THE FIRST SENTENCE HEREOF, COPIES OF ANY RECORDS,
DOCUMENTS OR OTHER INFORMATION REQUIRED TO BE FURNISHED TO THE PBGC (OTHER THAN
ANY PBGC FORM 1), AND ANY MATERIAL NOTICES RECEIVED BY THE BORROWER, ANY
SUBSIDIARY OR ANY ERISA AFFILIATE WITH RESPECT TO ANY PLAN OR MULTIEMPLOYER PLAN
SHALL BE DELIVERED TO THE LENDER NO LATER THAN 10 DAYS AFTER THE DATE SUCH
RECORDS, DOCUMENTS AND/OR INFORMATION HAS BEEN FURNISHED TO THE PBGC OR SUCH
NOTICE HAS BEEN RECEIVED BY THE BORROWER, THE SUBSIDIARY OR THE ERISA AFFILIATE,
AS APPLICABLE.
6.08
GOOD REPAIR.
THE BORROWER WILL, AND WILL CAUSE EACH OF ITS SUBSIDIARIES
TO, ENSURE THAT ITS MATERIAL PROPERTIES AND EQUIPMENT USED OR USEFUL IN ITS
BUSINESS ARE KEPT IN GOOD REPAIR, WORKING ORDER AND CONDITION, NORMAL WEAR AND
TEAR EXCEPTED, AND, SUBJECT TO SECTION 7.05, THAT FROM TIME TO TIME THERE ARE
MADE IN SUCH PROPERTIES AND EQUIPMENT ALL NEEDFUL AND PROPER REPAIRS, RENEWALS,
REPLACEMENTS, EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS THERETO, TO
THE EXTENT AND IN THE MANNER USEFUL OR CUSTOMARY FOR COMPANIES IN SIMILAR
BUSINESSES.
6.09
END OF FISCAL YEARS; FISCAL QUARTERS; ETC.THE BORROWER WILL, FOR FINANCIAL
REPORTING PURPOSES, CAUSE (I) EACH OF ITS, AND EACH OF ITS SUBSIDIARIES', FISCAL
YEARS AND FOURTH FISCAL QUARTERS TO END ON DECEMBER 31 OF EACH YEAR AND (II)
EACH OF ITS, AND EACH OF ITS SUBSIDIARIES', FIRST THREE FISCAL QUARTERS TO END
ON THE LAST DAY OF MARCH, JUNE AND SEPTEMBER OF EACH YEAR.
6.10
PERMITTED ACQUISITIONS.
(A)
SUBJECT TO THE PROVISIONS OF THIS SECTION
6.10 AND THE REQUIREMENTS CONTAINED IN THE DEFINITION OF PERMITTED ACQUISITION,
THE BORROWER AND ANY QUALIFIED SUBSIDIARY MAY FROM TIME TO TIME EFFECT PERMITTED
ACQUISITIONS, SO LONG AS (EXCEPT TO THE EXTENT THE REQUIRED LENDERS OTHERWISE
SPECIFICALLY AGREE IN WRITING IN THE CASE OF A SPECIFIC
50
PERMITTED ACQUISITION): (I) NO DEFAULT OR EVENT OF DEFAULT SHALL BE IN EXISTENCE
AT THE TIME OF THE CONSUMMATION OF THE PROPOSED PERMITTED ACQUISITION OR
IMMEDIATELY AFTER GIVING EFFECT THERETO; (II) THE BORROWER SHALL HAVE GIVEN THE
ADMINISTRATIVE AGENT AND THE LENDERS AT LEAST 5 BUSINESS DAYS' PRIOR WRITTEN
NOTICE OF ANY PERMITTED ACQUISITION; (III) THE BORROWER PROVIDES TO THE
ADMINISTRATIVE AGENT AND THE LENDERS AS SOON AS AVAILABLE BUT NOT LATER THAN 5
BUSINESS DAYS