ADVERSE EFFECT; AND
81
(E)
THERE ARE NO CONDITIONS OR CIRCUMSTANCES WHICH MAY GIVE RISE TO ANY
ENVIRONMENTAL CLAIM ARISING FROM THE OPERATIONS OF THE BORROWER OR ITS
SUBSIDIARIES, INCLUDING ENVIRONMENTAL CLAIMS ASSOCIATED WITH ANY OPERATIONS OF
THE BORROWER OR ITS SUBSIDIARIES, WHICH HAVE ANY REASONABLE LIKELIHOOD OF HAVING
A MATERIAL ADVERSE EFFECT.
IN ADDITION, (I) NEITHER THE BORROWER NOR ANY OF ITS
SUBSIDIARIES HAS ANY UNDERGROUND STORAGE TANKS (A) THAT ARE NOT PROPERLY
PERMITTED UNDER APPLICABLE ENVIRONMENTAL LAWS OR (B) THAT TO THE BEST OF THE
BORROWER'S KNOWLEDGE, ARE LEAKING OR DISPOSE OF HAZARDOUS MATERIALS OFF‐SITE AND
(II) THE BORROWER AND EACH OF ITS SUBSIDIARIES HAS NOTIFIED ALL OF ITS EMPLOYEES
OF THE EXISTENCE, IF ANY, OF ANY HEALTH HAZARD ARISING FROM THE CONDITIONS OF
THEIR EMPLOYMENT AND HAVE MET ALL NOTIFICATION REQUIREMENTS UNDER TITLE III OF
CERCLA AND UNDER OSHA AND ALL OTHER ENVIRONMENTAL LAWS.
SECTION 4.15.
COMPLETENESS.
NONE OF THE REPRESENTATIONS OR WARRANTIES OF THE
BORROWER CONTAINED HEREIN OR IN ANY OTHER LOAN DOCUMENT OR IN ANY CERTIFICATE OR
WRITTEN STATEMENT FURNISHED BY OR ON BEHALF OF THE BORROWER PURSUANT TO THE
PROVISIONS OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT CONTAIN ANY UNTRUE
STATEMENT OF A MATERIAL FACT OR OMIT TO STATE ANY MATERIAL FACT NECESSARY TO
MAKE THE STATEMENTS CONTAINED HEREIN OR THEREIN, IN LIGHT OF THE CIRCUMSTANCES
UNDER WHICH THEY ARE MADE, NOT MISLEADING.
THERE IS NO FACT KNOWN TO THE
BORROWER WHICH THE BORROWER HAS NOT DISCLOSED TO THE LENDERS WHICH MAY HAVE A
MATERIAL ADVERSE EFFECT.
SECTION 4.16.
ERISA.
(A)
NEITHER THE BORROWER NOR ANY MEMBER OF ITS
CONTROLLED GROUP CONTRIBUTES TO ANY PLAN OTHER THAN THOSE SET FORTH IN SCHEDULE
4.16.
(B)
EACH PLAN IS IN COMPLIANCE IN ALL MATERIAL RESPECTS WITH THE APPLICABLE
PROVISIONS OF ERISA, THE CODE AND ANY OTHER APPLICABLE FEDERAL OR STATE LAW AND
RULES AND REGULATIONS PROMULGATED THEREUNDER.
WITH RESPECT TO EACH PLAN (OTHER
THAN A MULTIEMPLOYER PLAN) ALL MATERIAL REPORTS REQUIRED UNDER ERISA OR ANY
OTHER APPLICABLE LAW OR REGULATION TO BE FILED WITH THE RELEVANT GOVERNMENTAL
AUTHORITY, THE FAILURE OF WHICH TO FILE COULD REASONABLY RESULT IN LIABILITY OF
THE BORROWER OR ANY MEMBER OF ITS CONTROLLED GROUP IN EXCESS OF $500,000 HAVE
BEEN DULY FILED AND ALL SUCH REPORTS ARE TRUE AND CORRECT IN ALL MATERIAL
RESPECTS AS OF THE DATE GIVEN.
(C)
EXCEPT AS SET FORTH IN SCHEDULE 4.16, NO PLAN HAS BEEN TERMINATED NOR HAS
ANY ACCUMULATED FUNDING DEFICIENCY (AS DEFINED IN SECTION 412(A) OF THE CODE)
BEEN INCURRED (WITHOUT REGARD TO ANY WAIVER GRANTED UNDER SECTION 412 OF THE
CODE) NOR HAS ANY FUNDING WAIVER FROM THE IRS BEEN RECEIVED OR REQUESTED.
(D)
NEITHER THE BORROWER NOR ANY MEMBER OF ITS CONTROLLED GROUP HAS FAILED TO
MAKE ANY CONTRIBUTION OR PAY ANY AMOUNT DUE OR OWING AS REQUIRED BY SECTION 412
OF THE CODE OR SECTION 302 OF ERISA OR THE TERMS OF ANY SUCH PLAN PRIOR TO THE
DUE DATE (INCLUDING PERMISSIBLE EXTENSIONS THEREOF) UNDER SECTION 412 OF