ANY COMPARABLE SECTION) OF THE DOMESTIC CREDIT
AGREEMENT;
(F)
WITH REASONABLE PROMPTNESS AFTER THE
SENDING OR FILING THEREOF, COPIES OF ALL REPORTS AND REGISTRATIONS STATEMENTS
WHICH THE BORROWER OR ANY SUBSIDIARY FILES WITH THE SECURITIES AND EXCHANGE
COMMISSION OR ANY NATIONAL SECURITIES EXCHANGE;
(G)
IN CONNECTION WITH THE DURRAT PROJECT AND
THE DIYAAR PROJECT, WITHIN 45 DAYS AFTER THE END OF EACH CALENDAR MONTH, (I)
COPIES OF ALL STANDING INSTRUCTIONS DELIVERED TO AHLI UNITED BANK (TO THE EXTENT
NOT PREVIOUSLY DELIVERED), (II) MONTHLY STATEMENTS OF THE AHLI UNITED BANK
DEPOSIT ACCOUNT, AND (III) COPIES OF ANY AND ALL INVOICES ISSUED BY (X) THE
DURRAT JOINT VENTURE TO DURRAT, (Y) THE DIYAAR JOINT VENTURE TO DIYAAR AND (Z)
GREAT LAKES LLC TO (I) THE DURRAT JOINT VENTURE AND (II) THE DIYAAR JOINT
VENTURE; AND
(H)
SUCH ADDITIONAL FINANCIAL OR OTHER
INFORMATION AS THE BANK MAY REASONABLY REQUEST.
Together with each delivery of the Annual Audited Financial Statements and the
Quarterly Unaudited Financial Statements, the Borrower will deliver to the Bank
a Compliance Certificate substantially in the form of Exhibit D hereto, showing
(in reasonable detail and appropriate calculations and computations in form
reasonably satisfactory to the Bank) compliance with the financial covenants set
forth in Section 9.5, stating that there exists no Event of Default or Default,
or, if any such Event of Default or Default exists, stating the nature thereof,
the period of existence thereof and what action the Borrower has taken or
proposes to take with respect thereto.
The Bank is authorized to deliver a copy
of any information and financial statement delivered to it pursuant to this
Agreement to Ex-Im Bank and any Governmental Authority having jurisdiction over
the Bank.
8.2
BOOKS AND RECORDS.
MAINTAIN, AND CAUSE ITS
SUBSIDIARIES TO MAINTAIN, PROPER BOOKS OF RECORD AND ACCOUNT IN ACCORDANCE WITH
GAAP (INCLUDING RECORDS RELATING TO COLLATERAL) WHICH ACCURATELY REFLECT ALL OF
ITS BUSINESS AFFAIRS AND TRANSACTIONS IN RELATION TO ITS BUSINESS AND ACTIVITIES
IN ALL MATERIAL RESPECTS.
8.3
INSURANCE.
MAINTAIN, AND CAUSE ITS
SUBSIDIARIES TO MAINTAIN, INSURANCE WITH FINANCIALLY SOUND, RESPONSIBLE AND
REPUTABLE COMPANIES IN SUCH TYPES (INCLUDING, WITHOUT LIMITATION, FIRE AND
CASUALTY) AND AMOUNTS AND AGAINST SUCH CASUALTIES, RISKS AND CONTINGENCIES AS
19
IS CUSTOMARILY CARRIED BY OWNERS OF SIMILAR BUSINESSES AND PROPERTIES, AND
FURNISH TO THE BANK, TOGETHER WITH EACH DELIVERY OF ANNUAL AUDITED FINANCIAL
STATEMENTS UNDER SECTION 8.1(A), CERTIFICATES OF INSURANCE EVIDENCING THE
INSURANCE CARRIED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
BORROWER WILL COMPLY WITH THE INSURANCE REQUIREMENTS SET FORTH IN EACH
INTERNATIONAL SECURITY DOCUMENT TO WHICH THE BORROWER IS A PARTY.
FOR PURPOSES
HEREOF, THE BORROWER'S TYPES AND AMOUNTS OF INSURANCE SET FORTH IN SCHEDULE 8.3
SHALL BE ACCEPTABLE TO THE BANK.
8.4
INSPECTION OF PROPERTY AND RECORDS; AUDITS
OF COLLATERAL; ETC.
(A)
PERMIT, AND CAUSE ITS SUBSIDIARIES TO
PERMIT, ANY PERSON DESIGNATED BY THE BANK IN WRITING TO VISIT AND INSPECT ANY OF
THE PROPERTIES, BOOKS AND FINANCIAL RECORDS OF THE BORROWER AND ITS SUBSIDIARIES
AND DISCUSS ITS AFFAIRS AND