Lease or Capital Lease which in any such case could reasonably be expected
to have a Material Adverse Effect.
After the occurrence and during the
continuance of an Event of Default, the Obligors hereby authorize the Agent at
any time and from time to time to contact any of the Obligors' landlords in
order to confirm the continued compliance by any Obligor with the terms and
conditions of the Lease(s) between such Borrower and that landlord and to
discuss such issues, concerning such Obligor's occupancy under such Lease(s), as
the Agent may reasonably determine.
4.12
REQUIREMENTS OF LAW.
The Obligors are in compliance with, and shall hereafter comply with and use
their respective assets in compliance with, all Requirements of Law except where
the failure of such compliance will not have a Material Adverse Effect.
No
Obligor has received any notice of any violation of any Requirement of Law
(other than of a violation which has no Material Adverse Effect, or any such
violations that have been cured or otherwise remedied).
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4.13
LABOR RELATIONS.
(A)
NO OBLIGOR HAS BEEN AND IS PRESENTLY A PARTY TO ANY COLLECTIVE BARGAINING
OR OTHER LABOR CONTRACT.
(B)
THERE IS NOT PRESENTLY PENDING AND, TO THE OBLIGORS' KNOWLEDGE, THERE IS
NOT THREATENED ANY OF THE FOLLOWING:
(I)
ANY STRIKE, SLOWDOWN, PICKETING, WORK STOPPAGE, OR EMPLOYEE
GRIEVANCE PROCESS;
(II)
ANY PROCEEDING AGAINST OR AFFECTING ANY OBLIGOR RELATING TO THE
ALLEGED VIOLATION OF ANY REQUIREMENT OF LAW PERTAINING TO LABOR RELATIONS OR
NATIONAL LABOR RELATIONS BOARD, THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, OR
ANY COMPARABLE GOVERNMENTAL BODY, ORGANIZATIONAL ACTIVITY, OR OTHER LABOR OR
EMPLOYMENT DISPUTE AGAINST OR AFFECTING ANY OBLIGOR, WHICH, IF DETERMINED
ADVERSELY TO SUCH OBLIGOR COULD NOT HAVE A MATERIAL ADVERSE EFFECT;
(III)
ANY LOCKOUT OF ANY EMPLOYEES BY ANY OBLIGOR, (AND NO SUCH ACTION
IS CONTEMPLATED BY ANY OBLIGOR); OR
(IV)
ANY APPLICATION FOR THE CERTIFICATION OF A COLLECTIVE BARGAINING
AGENT.
(C)
NO WORK STOPPAGE OR OTHER LABOR DISPUTE EXISTS, AND, TO OBLIGORS'
KNOWLEDGE, NO EVENT HAS OCCURRED OR CIRCUMSTANCE EXISTS THAT COULD PROVIDE THE
BASIS FOR ANY WORK STOPPAGE OR OTHER LABOR DISPUTE.
(D)
EACH OBLIGOR:
(I)
(A) HAS COMPLIED IN ALL MATERIAL RESPECTS WITH ALL REQUIREMENTS
OF LAW RELATING TO EMPLOYMENT, EQUAL EMPLOYMENT OPPORTUNITY, NONDISCRIMINATION,
IMMIGRATION, WAGES, HOURS, BENEFITS, AND OCCUPATIONAL SAFETY AND HEALTH, EXCEPT
SUCH NONCOMPLIANCE WHICH WOULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT; AND (B) HAS COMPLIED IN ALL MATERIAL RESPECTS WITH ALL
REQUIREMENTS OF LAW RELATING TO COLLECTIVE BARGAINING, THE PAYMENT OF SOCIAL
SECURITY AND SIMILAR TAXES, AND PLANT CLOSING.
(II)
IS NOT LIABLE FOR THE PAYMENT OF MORE THAN A DE MINIMUS AMOUNT OF
COMPENSATION, DAMAGES, TAXES, FINES, PENALTIES, OR OTHER AMOUNTS, HOWEVER
DESIGNATED, FOR SUCH OBLIGOR'S FAILURE TO COMPLY WITH ANY REQUIREMENT OF LAW
REFERENCED IN SECTION 4.12.
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4.14
MAINTAIN PROPERTIES.
Each Obligor shall:
(A)
KEEP THE COLLATERAL IN GOOD ORDER AND REPAIR (ORDINARY REASONABLE WEAR AND
TEAR AND INSURED CASUALTY EXCEPTED);
(B)
NOT SUFFER OR CAUSE THE WASTE OR