UNLESS UNREASONABLE, WITHIN THIRTY (30)
DAYS) AFTER THE END OF EACH MONTH, A CASH PROJECTION IN A FORM CONSISTENT WITH
THE SCHEDULE SHOWN ON EXHIBIT E; AND
(V)
ALL OTHER INFORMATION REASONABLY REQUESTED BY LENDER.
(B)
EXISTENCE.
BORROWER WILL DO OR CAUSE TO BE DONE ALL THINGS
NECESSARY TO PRESERVE AND KEEP IN FULL FORCE AND EFFECT ITS CORPORATE EXISTENCE.
17
(C)
COMPLIANCE WITH LAWS; APPROVALS AND AUTHORITY.
EXCEPT AS IS NOT
REASONABLY LIKELY, INDIVIDUALLY OR IN THE AGGREGATE, TO HAVE A MATERIAL ADVERSE
EFFECT, BORROWER WILL COMPLY WITH THE APPLICABLE LAWS AND REGULATIONS WHEREVER
ITS BUSINESS IS CONDUCTED INCLUDING, WITHOUT LIMITATION, ERISA AND ALL
ENVIRONMENTAL LAWS, AND ALL ORDERS OF ANY TRIBUNAL UNDER ANY SUCH LEGISLATION
THAT APPLIES TO THE CONDUCT OF OPERATING AND ADMINISTERING ITS BUSINESS.
(D)
ERISA COMPLIANCE.
UPON REASONABLE REQUEST OF LENDER, BORROWER
WILL (I) PROMPTLY UPON ITS FILING THE SAME, OR AS SOON AS POSSIBLE AFTER
NOTIFICATION TO BORROWER OF THE FILING BY ANOTHER PERSON OF THE SAME, WITH THE
DEPARTMENT OF LABOR OR INTERNAL REVENUE SERVICE, FURNISH TO LENDER COPIES OF THE
MOST RECENT ACTUARIAL STATEMENT, IF ANY, REQUIRED TO BE SUBMITTED UNDER
§103(D) OF ERISA AND ANNUAL REPORT - FORM 5500, WITH ALL REQUIRED ATTACHMENTS,
IN RESPECT OF EACH GUARANTEED PENSION PLAN, AND (II) PROMPTLY UPON RECEIPT OR
DISPATCH BY BORROWER, OR AS SOON AS POSSIBLE AFTER NOTIFICATION TO BORROWER OF
RECEIPT OR DISPATCH BY ANOTHER PERSON, FURNISH TO LENDER ANY NOTICE, REPORT OR
DEMAND SENT OR RECEIVED IN RESPECT OF A GUARANTEED PENSION PLAN UNDER §§302,
4041, 4042, 4043, 4063, 4065, 4066 AND 4068 OF ERISA, OR IN RESPECT OF A
MULTIEMPLOYER PLAN, UNDER §§4041A, 4202, 4219, 4242, OR 4245 OF ERISA WHICH
INVOLVES A LIABILITY WHICH IS REASONABLY LIKELY TO RESULT IN A MATERIAL ADVERSE
EFFECT.
(E)
INSURANCE.
BORROWER SHALL MAINTAIN IN FULL FORCE AND EFFECT FIRE
AND CASUALTY INSURANCE POLICIES, AND INSURANCE AGAINST OTHER HAZARDS, RISKS AND
LIABILITIES TO PERSONS AND PROPERTY TO THE EXTENT AND IN THE MANNER CUSTOMARY
FOR COMPANIES IN SIMILAR BUSINESSES SIMILARLY SITUATED.
(F)
TAXES.
BORROWER WILL DULY PAY AND DISCHARGE, OR CAUSE TO BE PAID
AND DISCHARGED, BEFORE THE SAME SHALL BECOME OVERDUE OR SUBJECT TO PENALTY OR
INTEREST, ALL TAXES, ASSESSMENTS AND OTHER GOVERNMENTAL CHARGES IMPOSED UPON IT
AND ITS REAL PROPERTIES, SALES AND ACTIVITIES, OR ANY PART THEREOF, OR UPON THE
INCOME OR PROFITS THEREFROM; PROVIDED THAT ANY SUCH TAX, ASSESSMENT, OR CHARGE
NEED NOT BE PAID IF THE VALIDITY OR AMOUNT THEREOF SHALL CURRENTLY BE CONTESTED
IN GOOD FAITH BY APPROPRIATE PROCEEDINGS AND IF SUCH, BORROWER SHALL HAVE SET
ASIDE ON ITS BOOKS ADEQUATE RESERVES WITH RESPECT THERETO.
(G)
CLAIMS; LITIGATION.
BORROWER WILL INFORM LENDER, PROMPTLY AFTER
RECEIPT BY BORROWER OF NOTICE OF ANY MATERIAL THREATENED OR POTENTIAL ADVERSE
CLAIM, DISPUTE, LITIGATION AND GOVERNMENTAL INVESTIGATION OR CITATION AGAINST
BORROWER THAT, IF ADVERSELY DETERMINED, IS REASONABLY LIKELY TO RESULT IN A
MATERIAL ADVERSE EFFECT.
(H)
NOTICE OF FAILURE TO COMPLY WITH COVENANTS.
BORROWER SHALL
PROMPTLY GIVE PROMPT NOTICE TO LENDER OF ANY