MARGIN STOCK.
42
10.7
EMPLOYEE BENEFIT PLANS.
(A)
MAINTAIN, AND CAUSE EACH OTHER MEMBER OF THE CONTROLLED GROUP TO
MAINTAIN, EACH PENSION PLAN IN SUBSTANTIAL COMPLIANCE WITH ALL APPLICABLE
REQUIREMENTS OF LAW AND REGULATIONS.
(B)
MAKE, AND CAUSE EACH OTHER MEMBER OF THE CONTROLLED GROUP TO MAKE,
ON A TIMELY BASIS, ALL REQUIRED CONTRIBUTIONS TO ANY MULTIEMPLOYER PENSION PLAN.
(C)
NOT, AND NOT PERMIT ANY OTHER MEMBER OF THE CONTROLLED GROUP TO
(I) SEEK A WAIVER OF THE MINIMUM FUNDING STANDARDS OF ERISA, (II) TERMINATE OR
WITHDRAW FROM ANY PENSION PLAN OR MULTIEMPLOYER PENSION PLAN OR (III) TAKE ANY
OTHER ACTION WITH RESPECT TO ANY PENSION PLAN THAT WOULD REASONABLY BE EXPECTED
TO ENTITLE THE PBGC TO TERMINATE, IMPOSE LIABILITY IN RESPECT OF, OR CAUSE A
TRUSTEE TO BE APPOINTED TO ADMINISTER, ANY PENSION PLAN, UNLESS THE ACTIONS OR
EVENTS DESCRIBED IN CLAUSES (I), (II) AND (III) INDIVIDUALLY OR IN THE AGGREGATE
WOULD NOT HAVE A MATERIAL ADVERSE EFFECT.
10.8
ENVIRONMENTAL MATTERS.
IF ANY RELEASE OR THREATENED RELEASE OR
OTHER DISPOSAL OF HAZARDOUS SUBSTANCES SHALL OCCUR OR SHALL HAVE OCCURRED ON ANY
REAL PROPERTY OR ANY OTHER ASSETS OF ANY LOAN PARTY, THE COMPANY SHALL, OR SHALL
CAUSE THE APPLICABLE LOAN PARTY TO, CAUSE THE PROMPT CONTAINMENT AND REMOVAL OF
SUCH HAZARDOUS SUBSTANCES AND THE REMEDIATION OF SUCH REAL PROPERTY OR OTHER
ASSETS AS NECESSARY TO COMPLY WITH ALL ENVIRONMENTAL LAWS AND TO PRESERVE THE
VALUE OF SUCH REAL PROPERTY OR OTHER ASSETS. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, THE COMPANY SHALL, AND SHALL CAUSE EACH OTHER LOAN PARTY TO,
COMPLY WITH ANY FEDERAL OR STATE JUDICIAL OR ADMINISTRATIVE ORDER REQUIRING THE
PERFORMANCE AT ANY REAL PROPERTY OF ANY LOAN PARTY OF ACTIVITIES IN RESPONSE TO
THE RELEASE OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE. TO THE EXTENT THAT
THE TRANSPORTATION OF HAZARDOUS SUBSTANCES IS PERMITTED BY THIS AGREEMENT, THE
COMPANY SHALL, AND SHALL CAUSE ITS SUBSIDIARIES TO, DISPOSE OF SUCH HAZARDOUS
SUBSTANCES, OR OF ANY OTHER WASTES, ONLY AT LICENSED DISPOSAL FACILITIES
OPERATING IN COMPLIANCE WITH ENVIRONMENTAL LAWS.
10.9
FURTHER ASSURANCES.
TAKE, AND CAUSE EACH OTHER LOAN PARTY TO
TAKE, SUCH ACTIONS AS ARE NECESSARY OR AS THE ADMINISTRATIVE AGENT OR THE
REQUIRED LENDERS MAY REASONABLY REQUEST FROM TIME TO TIME TO ENSURE THAT THE
OBLIGATIONS OF EACH LOAN PARTY UNDER THE LOAN DOCUMENTS ARE SECURED BY
SUBSTANTIALLY ALL OF THE ASSETS OF THE COMPANY AND EACH DOMESTIC SUBSIDIARY (AS
WELL AS ALL CAPITAL SECURITIES OF EACH DOMESTIC SUBSIDIARY AND 65% OF ALL
CAPITAL SECURITIES OF EACH DIRECT FOREIGN SUBSIDIARY AND INCLUDING, UPON THE
ACQUISITION OR CREATION THEREOF, ANY SUBSIDIARY ACQUIRED OR CREATED AFTER THE
CLOSING DATE), IN EACH CASE AS THE ADMINISTRATIVE AGENT MAY DETERMINE, INCLUDING
(A) THE EXECUTION AND DELIVERY OF A COUNTERPART AGREEMENT RELATING TO THIS
AGREEMENT, GUARANTIES, SECURITY AGREEMENTS, PLEDGE AGREEMENTS, MORTGAGES, DEEDS
OF TRUST, FINANCING STATEMENTS AND OTHER DOCUMENTS, AND THE FILING OR RECORDING
OF ANY OF THE FOREGOING AND (B) THE DELIVERY OF CERTIFICATED SECURITIES AND
OTHER COLLATERAL WITH RESPECT TO