THERETO.
6.1.8
INTENTIONALLY OMITTED.
6.1.9
AS SOON AS PRACTICABLE, AND IN ANY EVENT WITHIN 30 DAYS AFTER THE
BEGINNING OF EACH FISCAL YEAR OF THE BORROWER, A COPY OF THE PLAN AND FORECAST
(INCLUDING A PROJECTED CONSOLIDATED BALANCE SHEET, INCOME STATEMENT AND FUNDS
FLOW STATEMENT) OF THE BORROWER FOR SUCH FISCAL YEAR.
6.1.10
AS SOON AS POSSIBLE, AND IN ANY EVENT WITHIN 3 DAYS (IN THE CASE OF THE
BORROWER) AND 15 DAYS (IN THE CASE OF ANY GUARANTOR) AFTER THE OCCURRENCE
THEREOF, A REASONABLY DETAILED NOTIFICATION TO THE ADMINISTRATIVE AGENT AND ITS
COUNSEL OF ANY CHANGE IN THE JURISDICTION OF ORGANIZATION OF THE BORROWER OR ANY
GUARANTOR.
6.1.11
SUCH OTHER INFORMATION (INCLUDING NON-FINANCIAL INFORMATION) AS THE
ADMINISTRATIVE AGENT OR ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
If any information which is required to be furnished to the Lenders under this
Section 6.1 is required by law or regulation to be filed by the Borrower with a
government body on an earlier date, then the information required hereunder
shall be furnished to the Lenders at such earlier date.
6.2.
USE OF PROCEEDS.
THE BORROWER WILL, AND WILL
CAUSE EACH SUBSIDIARY TO, USE THE PROCEEDS OF THE REVOLVING LOANS FOR GENERAL
CORPORATE PURPOSES, INCLUDING, WITHOUT LIMITATION, FOR WORKING CAPITAL,
COMMERCIAL PAPER LIQUIDITY SUPPORT, PERMITTED ACQUISITIONS, AND TO PAY FEES AND
EXPENSES INCURRED IN CONNECTION WITH THIS AGREEMENT.
THE BORROWER SHALL USE THE
PROCEEDS OF CREDIT EXTENSIONS IN COMPLIANCE WITH ALL APPLICABLE LEGAL AND
REGULATORY REQUIREMENTS AND ANY SUCH USE SHALL NOT RESULT IN A VIOLATION OF ANY
SUCH REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, REGULATION U AND X, THE
SECURITIES ACT OF 1933, AS AMENDED, AND THE SECURITIES EXCHANGE ACT OF 1934, AS
AMENDED, AND THE REGULATIONS PROMULGATED THEREUNDER.
6.3.
NOTICE OF DEFAULT.
WITHIN THREE (3) BUSINESS
DAYS AFTER AN AUTHORIZED OFFICER BECOMES AWARE THEREOF, THE BORROWER WILL, AND
WILL CAUSE EACH SUBSIDIARY TO, GIVE NOTICE IN WRITING TO THE LENDERS OF THE
OCCURRENCE (I) OF ANY DEFAULT OR UNMATURED DEFAULT AND (II) OF ANY OTHER
DEVELOPMENT, FINANCIAL OR OTHERWISE, WHICH (SOLELY WITH RESPECT TO THIS CLAUSE
(II)) COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
49
6.4.
CONDUCT OF BUSINESS.
THE BORROWER WILL, AND
WILL CAUSE EACH SUBSIDIARY TO, CARRY ON AND CONDUCT ITS BUSINESS IN
SUBSTANTIALLY THE SAME MANNER AND IN SUBSTANTIALLY THE SAME FIELDS OF ENTERPRISE
AS IT IS PRESENTLY CONDUCTED AND DO ALL THINGS NECESSARY TO REMAIN DULY
INCORPORATED OR ORGANIZED, VALIDLY EXISTING AND (TO THE EXTENT SUCH CONCEPT
APPLIES TO SUCH ENTITY) IN GOOD STANDING AS A DOMESTIC CORPORATION, PARTNERSHIP
OR LIMITED LIABILITY COMPANY IN ITS JURISDICTION OF INCORPORATION OR
ORGANIZATION, AS THE CASE MAY BE, AS IN EFFECT ON THE CLOSING DATE, AND MAINTAIN
ALL REQUISITE AUTHORITY TO CONDUCT ITS BUSINESS IN EACH JURISDICTION IN WHICH
ITS BUSINESS IS CONDUCTED, IN EACH CASE EXCEPT, IN THE CASE OF ANY SUBSIDIARY,
TO THE EXTENT THE FAILURE TO MAINTAIN ANY OF THE FOREGOING COULD NOT REASONABLY
BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.