TRADE BANK'S STANDARD APPLICATION FOR COMMERCIAL LETTER OF CREDIT OR
STANDARD APPLICATION AND AGREEMENT FOR COMMERCIAL LETTER OF CREDIT;
(2)
IF THE CREDIT EXTENSION IS THE ISSUANCE OF A STANDBY LETTER OF
CREDIT, TRADE BANK'S STANDARD APPLICATION FOR STANDBY LETTER OF CREDIT OR
STANDARD APPLICATION AND AGREEMENT FOR STANDBY LETTER OF CREDIT;
(3)
IF A BORROWING BASE CERTIFICATE IS REQUIRED FOR THE CREDIT
EXTENSION, A BORROWING BASE CERTIFICATE DEMONSTRATING COMPLIANCE WITH THE
REQUIREMENTS FOR SUCH CREDIT EXTENSION.
(C)
FEES. TRADE BANK MUST HAVE RECEIVED ANY FEES REQUIRED BY THE LOAN
DOCUMENTS TO BE PAID AT THE TIME SUCH CREDIT EXTENSION IS MADE.
IV.
AFFIRMATIVE COVENANTS
Borrower covenants that so long as Trade Bank remains committed to make Credit
Extensions to Borrower, and until payment of all Obligations and Credit
Extensions, Borrower will comply with each of the following covenants: (For
purposes of this Article IV, and Article V below, reference to "Borrower" may
also extend to Borrower's subsidiaries, if so specified in the Addendum.)
4.1
PUNCTUAL PAYMENTS. PUNCTUALLY PAY ALL PRINCIPAL, INTEREST, FEES AND OTHER
OBLIGATIONS DUE UNDER THIS AGREEMENT OR UNDER ANY LOAN DOCUMENT AT THE TIME AND
PLACE AND IN THE MANNER SPECIFIED HEREIN OR THEREIN.
4.2
NOTIFICATION TO TRADE BANK. PROMPTLY, BUT IN NO EVENT MORE THAN 5 CALENDAR
DAYS AFTER THE OCCURRENCE OF EACH SUCH EVENT, PROVIDE WRITTEN NOTICE IN
REASONABLE DETAIL OF EACH OF THE FOLLOWING:
(A)
OCCURRENCE OF A DEFAULT. THE OCCURRENCE OF ANY EVENT OF DEFAULT OR
ANY EVENT WHICH WITH THE GIVING OF NOTICE OR THE PASSAGE OF TIME OR BOTH WOULD
CONSTITUTE AN EVENT OF DEFAULT;
(B)
BORROWER'S TRADE NAMES; PLACE OF BUSINESS. ANY CHANGE OF
BORROWER'S (OR ANY SUBSIDIARY'S) NAME, TRADE NAME OR PLACE OF BUSINESS, OR CHIEF
EXECUTIVE OFFICER;
(C)
LITIGATION. ANY ACTION, CLAIM, PROCEEDING, LITIGATION OR
INVESTIGATION THREATENED OR INSTITUTED BY OR AGAINST OR AFFECTING BORROWER (OR
ANY SUBSIDIARY) IN ANY COURT OR BEFORE ANY GOVERNMENT AUTHORITY, ADMINISTRATOR
OR AGENCY WHICH MAY MATERIALLY AND ADVERSELY AFFECT BORROWER'S (OR ANY
SUBSIDIARY'S) FINANCIAL CONDITION OR BUSINESS OR BORROWER'S ABILITY TO CARRY ON
ITS BUSINESS IN SUBSTANTIALLY THE SAME MANNER AS IT IS NOW BEING CONDUCTED;
(D)
UNINSURED OR PARTIALLY UNINSURED LOSS. ANY UNINSURED OR PARTIALLY
UNINSURED LOSS THROUGH LIABILITY OR PROPERTY DAMAGE OR THROUGH FIRE, THEFT OR
ANY OTHER CAUSE AFFECTING BORROWER'S (OR ANY SUBSIDIARY'S) PROPERTY IN EXCESS OF
THE AGGREGATE AMOUNT REQUIRED HEREUNDER;
(E)
REPORTS MADE TO INSURANCE COMPANIES. COPIES OF ALL MATERIAL
REPORTS MADE TO INSURANCE COMPANIES; AND
(F)
ERISA. THE OCCURRENCE AND NATURE OF ANY REPORTABLE EVENT OR
PROHIBITED TRANSACTION, EACH AS DEFINED IN ERISA, OR ANY FUNDING DEFICIENCY WITH
RESPECT TO ANY PLAN.
4
4.3
BOOKS AND RECORDS. MAINTAIN AT BORROWER'S ADDRESS BOOKS AND RECORDS IN
ACCORDANCE WITH GAAP, AND PERMIT ANY REPRESENTATIVE OF TRADE BANK, AT ANY
REASONABLE TIME, TO INSPECT, AUDIT AND EXAMINE SUCH BOOKS AND RECORDS, TO MAKE
COPIES OF THEM, AND TO INSPECT THE PROPERTIES OF BORROWER.
4.4
TAX RETURNS AND PAYMENTS. TIMELY FILE ALL TAX RETURNS AND REPORTS REQUIRED
BY