(A) THE
IMPOSITION OF WITHDRAWAL LIABILITY BY ANY SUCH MULTIEMPLOYER PLAN, (B) THE
REORGANIZATION OR TERMINATION, WITHIN THE MEANING OF TITLE IV OF ERISA, OF ANY
SUCH MULTIEMPLOYER PLAN OR (C) THE AMOUNT OF LIABILITY INCURRED, OR THAT COULD
REASONABLY BE EXPECTED TO BE INCURRED, BY SUCH LOAN PARTY OR ANY SUCH ERISA
AFFILIATE IN CONNECTION WITH ANY EVENT DESCRIBED IN SUBCLAUSE (V)(A) OR (V)(B)
OF THIS SECTION 6.13(L).
(M)
"REPORTABLE TRANSACTION" NOTIFICATION.
THE BORROWER SHALL PROMPTLY
NOTIFY THE ADMINISTRATIVE AGENT OF ANY DETERMINATION BY THE BORROWER TO TREAT
THE LOANS AND/OR THE RELATED TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT AS A
"REPORTABLE TRANSACTION" (WITHIN THE MEANING OF TREASURY REGULATION SECTION
1.6011-4), AND SHALL PROVIDE THE ADMINISTRATIVE AGENT (WITHIN FIVE BUSINESS DAYS
OF SUCH DETERMINATION) WITH A DULY COMPLETED COPY OF IRS FORM 8886 OR ANY
SUCCESSOR FORM.
(N)
ENVIRONMENTAL CONDITIONS.
PROMPTLY AND IN ANY EVENT WITHIN TEN
BUSINESS DAYS AFTER THE ASSERTION OR OCCURRENCE THEREOF:
99
(I)
NOTICE OF ANY CONDITION OR OCCURRENCE ON OR ARISING FROM ANY
PROPERTY OWNED OR OPERATED BY THE BORROWER OR ANY OF ITS SUBSIDIARIES THAT
RESULTED OR IS ALLEGED TO HAVE RESULTED IN NONCOMPLIANCE IN ANY MATERIAL RESPECT
BY THE BORROWER OR SUCH SUBSIDIARY WITH ANY APPLICABLE ENVIRONMENTAL LAW OR
ENVIRONMENTAL PERMIT;
(II)
ANY CONDITION OR OCCURRENCE ON ANY PROPERTY OWNED OR OPERATED BY
THE BORROWER OR ANY OF ITS SUBSIDIARIES THAT COULD REASONABLY BE EXPECTED TO
CAUSE SUCH PROPERTY TO BE SUBJECT TO ANY MATERIAL RESTRICTIONS ON THE OWNERSHIP,
OCCUPANCY OR USE THEREOF OR ON THE TRANSFERABILITY OF SUCH PROPERTY BY THE
BORROWER OR ITS APPLICABLE SUBSIDIARY UNDER ANY ENVIRONMENTAL LAW; AND
(III)
THE TAKING OF ANY REMOVAL OR REMEDIAL ACTION INVOLVING MATERIAL
COSTS OR LIABILITIES IN RESPONSE TO THE ACTUAL OR ALLEGED PRESENCE OF ANY
HAZARDOUS MATERIAL ON ANY PROPERTY OWNED OR OPERATED BY THE BORROWER OR ANY OF
ITS SUBSIDIARIES AS REQUIRED BY ANY ENVIRONMENTAL LAW, ANY ENVIRONMENTAL PERMIT
OR ANY GOVERNMENTAL AUTHORITY.
All such notices shall describe in reasonable detail the nature of the
condition, occurrence, removal or remedial action described therein, the period
of time such condition or circumstance has existed and been continuing and, in
the case of each such condition or occurrence, the action that the Borrower or
its applicable Subsidiary has taken and/or proposes to take with respect
thereto.
(O)
INSURANCE.
AS SOON AS AVAILABLE AND IN ANY EVENT WITHIN 90 DAYS
AFTER THE END OF EACH FISCAL YEAR, COMMENCING WITH THE FISCAL YEAR ENDING
DECEMBER 31, 2004, A REPORT SUMMARIZING THE INSURANCE COVERAGE IN EFFECT FOR THE
LOAN PARTIES AND THEIR RESPECTIVE SUBSIDIARIES, SPECIFYING THEREIN THE TYPE,
CARRIER, AMOUNT, DEDUCTIBLES AND CO-INSURANCE REQUIREMENTS AND EXPIRATION DATES
THEREOF AND CONTAINING SUCH ADDITIONAL INFORMATION AS ANY OF THE LENDERS,
THROUGH THE ADMINISTRATIVE AGENT, MAY REASONABLY REQUEST.
(P)
OTHER INFORMATION.
SUCH OTHER INFORMATION RESPECTING THE
BUSINESS, CONDITION (FINANCIAL OR OTHERWISE), OPERATIONS, LIABILITIES (ACTUAL OR
CONTINGENT), PERFORMANCE, PROPERTIES OR PROSPECTS OF THE BORROWER OR ANY OF ITS
SUBSIDIARIES AS ANY OF THE LENDERS, THROUGH THE ADMINISTRATIVE AGENT, MAY