COMPANY OR
ANY SIGNIFICANT SUBSIDIARY TAKES ANY ACTION TO AUTHORIZE, OR IN FURTHERANCE OF,
ANY OF THE FOREGOING.
13.1.4
NON-COMPLIANCE WITH LOAN DOCUMENTS.
(A) FAILURE BY THE COMPANY TO
COMPLY WITH OR TO PERFORM ANY COVENANT SET FORTH IN SECTIONS 10.1.5, 10.5, 11.1,
11.2, 11.3, 11.4, 11.5, 11.6, AND 11.13; OR (B) FAILURE BY THE COMPANY TO COMPLY
WITH OR TO PERFORM ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT (AND NOT CONSTITUTING AN EVENT OF DEFAULT UNDER ANY OTHER PROVISION OF
THIS SECTION 13) AND CONTINUANCE OF SUCH FAILURE DESCRIBED IN THIS CLAUSE (B)
FOR 30 DAYS.
13.1.5
REPRESENTATIONS; WARRANTIES.
ANY REPRESENTATION OR WARRANTY MADE BY
THE COMPANY HEREIN OR ANY OTHER LOAN DOCUMENT IS BREACHED OR IS FALSE OR
MISLEADING IN ANY MATERIAL RESPECT, OR ANY SCHEDULE, CERTIFICATE, FINANCIAL
STATEMENT, REPORT, NOTICE OR OTHER WRITING FURNISHED BY THE COMPANY TO THE
ADMINISTRATIVE AGENT OR ANY LENDER IN CONNECTION HEREWITH IS FALSE OR MISLEADING
IN ANY MATERIAL RESPECT ON THE DATE AS OF WHICH THE FACTS THEREIN SET FORTH ARE
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STATED OR CERTIFIED.
13.1.6
PENSION PLANS.
(A) ANY PENSION PLAN SHALL FAIL TO SATISFY THE
MINIMUM FUNDING STANDARDS OF ERISA OR THE CODE FOR ANY PLAN YEAR OR PART THEREOF
OR A WAIVER OF SUCH STANDARDS OR EXTENSION OF ANY AMORTIZATION PERIOD IS SOUGHT
OR GRANTED UNDER SECTION 412 OF THE CODE, (II) A NOTICE OF INTENT TO TERMINATE
ANY PENSION PLAN SHALL HAVE BEEN OR IS REASONABLY EXPECTED TO BE FILED WITH THE
PBGC OR THE PBGC SHALL HAVE INSTITUTED PROCEEDINGS UNDER SECTION 4042 OF ERISA
TO TERMINATE OR APPOINT A TRUSTEE TO ADMINISTER ANY PENSION PLAN OR THE PBGC
SHALL HAVE NOTIFIED THE COMPANY OR ANY ERISA AFFILIATE THAT A PENSION PLAN MAY
BECOME A SUBJECT OF ANY SUCH PROCEEDINGS, (III) THE AGGREGATE "AMOUNT OF
UNFUNDED BENEFIT LIABILITIES" (WITHIN THE MEANING OF SECTION 4001(A)(18) OF
ERISA) UNDER ALL PENSION PLANS, DETERMINED IN ACCORDANCE WITH TITLE IV OF ERISA,
SHALL EQUAL OR EXCEED AN AMOUNT EQUAL TO 5% OF NET WORTH, (IV) THE COMPANY OR
ANY ERISA AFFILIATE SHALL HAVE INCURRED OR IS REASONABLY EXPECTED TO INCUR ANY
LIABILITY PURSUANT TO TITLE I OR IV OF ERISA OR THE PENALTY OR EXCISE TAX
PROVISIONS OF THE CODE RELATING TO EMPLOYEE BENEFIT PLANS, (V) THE COMPANY OR
ANY ERISA AFFILIATE WITHDRAWS FROM ANY MULTIEMPLOYER PLAN, OR (VI) THE COMPANY
OR ANY SUBSIDIARY ESTABLISHES OR AMENDS ANY EMPLOYEE WELFARE BENEFIT PLAN THAT
PROVIDES POST-EMPLOYMENT WELFARE BENEFITS IN A MANNER THAT WOULD INCREASE THE
LIABILITY OF THE COMPANY OR ANY SUBSIDIARY THEREUNDER; AND ANY SUCH EVENT OR
EVENTS DESCRIBED IN CLAUSES (I) THROUGH (VI) ABOVE, EITHER INDIVIDUALLY OR
TOGETHER WITH ANY OTHER SUCH EVENT OR EVENTS, COULD REASONABLY BE EXPECTED TO
HAVE A MATERIAL ADVERSE EFFECT.
As used in this Section 13.1.6, the terms "employee benefit plan" and "employee
welfare benefit plan" shall have the respective meanings assigned to such terms
in Section 3 of ERISA.
13.1.7
JUDGMENTS.
FINAL JUDGMENTS WHICH EXCEED AN AGGREGATE OF $10,000,000