PRESIDENT OF THE PARTY REQUIRED TO SUBMIT THE
INFORMATION;
(C)
PROMPTLY AFTER SUCH REQUEST IS SUBMITTED TO
THE APPROPRIATE GOVERNMENTAL AUTHORITY, ANY REQUEST FOR WAIVER OF FUNDING
STANDARDS OR EXTENSION OF AMORTIZATION PERIODS WITH RESPECT TO ANY EMPLOYEE
BENEFIT PLAN; AND
(D)
SUCH OTHER INFORMATION RELATING TO THE
FINANCIAL CONDITION AND AFFAIRS OF BORROWER, EACH OBLIGOR AND THEIR SUBSIDIARIES
AS BANK MAY REASONABLY REQUEST FROM TIME TO TIME.
SECTION 4.04.
MATTERS REQUIRING NOTICE.
NOTIFY BANK IMMEDIATELY, UPON
ACQUIRING KNOWLEDGE OF (A) THE INSTITUTION OR THREATENED INSTITUTION OF ANY
LAWSUIT OR ADMINISTRATIVE PROCEEDING WHICH, IF ADVERSELY DETERMINED, MIGHT HAVE
A MATERIAL ADVERSE EFFECT ON BORROWER; (B) ANY MATERIAL ADVERSE CHANGE IN THE
ASSETS, LIABILITIES, FINANCIAL CONDITION, BUSINESS OR AFFAIRS OF BORROWER; (C)
ANY EVENT OF DEFAULT; (D) ANY REPORTABLE EVENT OR ANY PROHIBITED TRANSACTION IN
CONNECTION WITH ANY EMPLOYEE BENEFIT PLAN; OR (E) ANY SALE, TRANSFER,
HYPOTHECATION, ASSIGNMENT OR OTHER DISPOSITION BY ANY OF THE CURRENT OWNERS OF
ANY SHARES OF THE CAPITAL STOCK OF THE BORROWER EXCEPT (I) IN ONE OR MORE
TRANSACTIONS IN WHICH ONE OR MORE OF THE CURRENT OWNERS RETAINS BENEFICIAL
OWNERSHIP OF SUCH SHARES (WITHIN THE MEANING OF THE SECURITIES
5
EXCHANGE ACT OF 1934 AND THE RULES OF THE SECURITIES AND EXCHANGE COMMISSION
THEREUNDER AS IN EFFECT ON THE DATE HEREOF), (II) IN SALES MADE INTO THE PUBLIC
SECURITIES MARKETS PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933, AS
AMENDED, OR ANY SIMILAR PROVISION OR (III) IN CONNECTION WITH A PUBLIC OFFERING
OR REGISTERED SALE UNLESS SUCH TRANSACTION IS REASONABLY EXPECTED TO CAUSE A
CHANGE IN CONTROL (AND PROVIDED THAT NO SUCH NOTICE SHALL BE REQUIRED DURING ANY
PERIOD IN WHICH NOTIFICATION OF SUCH REGISTERED SALE OR PUBLIC OFFERING IS NOT
PERMITTED BY OR IS INADVISABLE IN LIGHT OF APPLICABLE LEGAL REQUIREMENTS).
SECTION 4.05.
INSPECTION.
UPON PRIOR NOTICE TO BORROWER, PERMIT BANK AND
ITS AFFILIATES TO INSPECT AND PHOTOGRAPH ITS PROPERTY, TO EXAMINE AND COPY ITS
FILES, BOOKS AND RECORDS, AND TO DISCUSS ITS AFFAIRS WITH ITS OFFICERS AND
ACCOUNTANTS, AT SUCH TIMES AND INTERVALS AND TO SUCH EXTENT AS BANK REASONABLY
DESIRES.
SECTION 4.06.
ASSURANCES.
PROMPTLY EXECUTE AND DELIVER ANY AND ALL FURTHER
AGREEMENTS, DOCUMENTS, INSTRUMENTS, AND OTHER WRITINGS THAT BANK MAY REQUEST TO
CURE ANY DEFECT IN THE EXECUTION AND DELIVERY OF ANY LOAN DOCUMENT OR MORE FULLY
TO DESCRIBE PARTICULAR ASPECTS OF THE AGREEMENTS SET FORTH OR INTENDED TO BE SET
FORTH IN THE LOAN DOCUMENTS.
SECTION 4.07.
CERTAIN CHANGES.
NOTIFY BANK AT LEAST THIRTY (30) DAYS PRIOR
TO THE DATE THAT ANY OF THE PARTIES CHANGES ITS NAME OR THE LOCATION OF ITS
CHIEF EXECUTIVE OFFICE OR PRINCIPAL PLACE OF BUSINESS.
SECTION 4.08.
COMPLIANCE CERTIFICATE.
COMPLY WITH EACH OF THE OTHER
COVENANTS SET FORTH IN THE COMPLIANCE CERTIFICATE ATTACHED HERETO AS EXHIBIT B.
SECTION 4.09.
ACCOUNTS.
MAINTAIN PRIMARY OPERATING AND COLLECTION BANK
ACCOUNTS WITH BANK.
SECTION 4.10.
MINIMUM TANGIBLE NET WORTH.
(A)
FOR THE PERIOD COMMENCING ON THE DATE OF
THIS AGREEMENT THROUGH AND INCLUDING DECEMBER 31, 2006,