SUCH MATERIAL
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CONTRACT (OR ANY AMENDMENT OR MODIFICATION THERETO) COULD NOT, INDIVIDUALLY OR
IN THE AGGREGATE, BE REASONABLY EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
SECTION 6.11.
ENVIRONMENTAL MATTERS.
(A)
PROMPTLY GIVE NOTICE TO THE
ADMINISTRATIVE AGENT UPON BECOMING AWARE OF (I) ANY VIOLATION OF ANY
ENVIRONMENTAL LAW, (II) ANY CLAIM, INQUIRY, PROCEEDING, INVESTIGATION OR OTHER
ACTION, INCLUDING A REQUEST FOR INFORMATION OR A NOTICE OF POTENTIAL LIABILITY
UNDER ANY ENVIRONMENTAL LAW, BY OR FROM ANY GOVERNMENTAL AUTHORITY OR ANY THIRD
PARTY CLAIMANT OR (III) THE DISCOVERY OF THE RELEASE OF ANY HAZARDOUS MATERIAL
AT, ON, UNDER OR FROM ANY OF THE REAL PROPERTIES OR ANY FACILITY OR EQUIPMENT
THEREAT IN EXCESS OF REPORTABLE OR ALLOWABLE STANDARDS OR LEVELS UNDER ANY
ENVIRONMENTAL LAW, OR IN A MANNER OR AMOUNT THAT COULD REASONABLY BE EXPECTED TO
RESULT IN LIABILITY UNDER ANY ENVIRONMENTAL LAW, IN EACH CASE THAT COULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
(B)
UPON DISCOVERY OF THE PRESENCE ON ANY OF THE REAL PROPERTIES OF ANY
HAZARDOUS MATERIAL THAT IS IN VIOLATION OF, OR THAT COULD REASONABLY BE EXPECTED
TO RESULT IN LIABILITY UNDER, ANY ENVIRONMENTAL LAW, IN EACH CASE THAT COULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT, TAKE OR CAUSE TO BE
TAKEN ALL NECESSARY STEPS TO INITIATE AND EXPEDITIOUSLY COMPLETE ALL REMEDIAL,
CORRECTIVE AND OTHER ACTION TO ELIMINATE ANY SUCH ADVERSE EFFECT, AND KEEP THE
ADMINISTRATIVE AGENT REASONABLY INFORMED OF SUCH ACTIONS AND THE RESULTS
THEREOF.
ARTICLE VII
NEGATIVE COVENANTS
Each of SSCC and the Borrowers covenants and agrees with each Lender, each Agent
and each Facing Agent that, so long as this Agreement shall remain in effect,
the LC Exposure shall not equal zero or the principal of or interest on any Loan
or any LC Disbursement, Fees or any other expenses or amounts payable under any
Loan Document shall remain unpaid, unless the Required Lenders shall otherwise
consent in writing, it will not, and will not cause or permit any of the
Subsidiaries to:
SECTION 7.01.
INDEBTEDNESS.
CREATE, INCUR, ASSUME OR PERMIT TO EXIST ANY
INDEBTEDNESS OR ATTRIBUTABLE INDEBTEDNESS, EXCEPT, WITHOUT DUPLICATION:
(A)
THE INDEBTEDNESS CREATED HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS;
(B)
THE SENIOR NOTES AND ANY GUARANTEES THEREOF BY ANY LOAN PARTY;
(C)
THE INDEBTEDNESS EXISTING ON THE CLOSING DATE AND LISTED ON SCHEDULE 7.01;
(D)
INDEBTEDNESS OF ANY FOREIGN SUBSIDIARY (OTHER THAN A CANADIAN SUBSIDIARY)
AND ANY GUARANTEES THEREOF, PROVIDED THAT SUCH INDEBTEDNESS SHALL NOT
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BE GUARANTEED BY OR OTHERWISE BE RECOURSE TO SSCC, ANY DOMESTIC SUBSIDIARY OR
ANY CANADIAN SUBSIDIARY, EXCEPT AS PERMITTED BY PARAGRAPH (O) BELOW OR
SECTION 7.04(C) OR (L);
(E)
INDEBTEDNESS OF SSCC OR ANY SUBSIDIARY THE NET PROCEEDS OF WHICH ARE
DESIGNATED TO BE USED, AND ARE USED REASONABLY PROMPTLY AFTER THE INCURRENCE
THEREOF, TO REFINANCE INDEBTEDNESS DESCRIBED IN PARAGRAPH (B) OR (C) ABOVE,
PARAGRAPH (P) OR (Q) BELOW OR THIS PARAGRAPH (E) (SUCH INDEBTEDNESS BEING
REFERRED TO HEREIN AS "SPECIFIED INDEBTEDNESS"), SO LONG AS (I)