OBLIGOR AND THE PRINCIPAL AMOUNT OUTSTANDING THEREUNDER.
(T)
SET FORTH ON SCHEDULE 4.01(T) HERETO IS A COMPLETE AND ACCURATE
LIST OF ALL DEBT WHICH WILL REMAIN OUTSTANDING AFTER GIVING EFFECT TO THE
CONSUMMATION OF THE TRANSACTION, SHOWING AS OF THE DATE HEREOF THE OBLIGOR AND
THE PRINCIPAL AMOUNT OUTSTANDING THEREUNDER, THE MATURITY DATE THEREOF AND THE
AMORTIZATION SCHEDULE THEREFOR,
56
TOGETHER WITH A TRUE AND COMPLETE COPY OF THE INDENTURE AND OF THE FORM OF
SENIOR NOTES AND OF THE CONVERTIBLE DEBT DOCUMENTS.
(U)
SET FORTH ON SCHEDULE 4.01(U) HERETO IS A COMPLETE AND ACCURATE
LIST OF ALL LIENS ON THE PROPERTY OR ASSETS OF ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES, SHOWING AS OF THE DATE HEREOF THE LIENHOLDER THEREOF, THE
PRINCIPAL AMOUNT OF THE OBLIGATIONS SECURED THEREBY AND THE PROPERTY OR ASSETS
OF SUCH LOAN PARTY OR SUCH SUBSIDIARY SUBJECT THERETO.
(V)
SET FORTH ON SCHEDULE 4.01(V) HERETO IS A COMPLETE AND ACCURATE
LIST OF ALL INVESTMENTS HELD BY ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES ON THE
DATE HEREOF, SHOWING AS OF THE DATE HEREOF THE AMOUNT, OBLIGOR OR ISSUER AND
MATURITY, IF ANY, THEREOF.
(W)
SET FORTH ON SCHEDULE 4.01(W) HERETO IS A COMPLETE AND ACCURATE
LIST OF ALL PATENTS, TRADEMARKS, TRADE NAMES, SERVICE MARKS AND COPYRIGHTS, AND
ALL APPLICATIONS THEREFOR AND LICENSES THEREOF, OF EACH LOAN PARTY OR ANY OF ITS
SUBSIDIARIES, SHOWING AS OF THE DATE HEREOF THE JURISDICTION IN WHICH
REGISTERED, THE REGISTRATION NUMBER, THE DATE OF REGISTRATION AND THE EXPIRATION
DATE.
ARTICLE V
COVENANTS OF THE BORROWER
Section 5.01.
Affirmative Covenants.
So long as any Advance or any
other Obligation of any Loan Party under any Loan Document shall remain unpaid,
any Letter of Credit shall be outstanding or any Lender Party shall have any
Commitment hereunder, the Borrower will:
(A)
COMPLIANCE WITH LAWS, ETC.
COMPLY, AND CAUSE EACH OF ITS
SUBSIDIARIES TO COMPLY, IN ALL MATERIAL RESPECTS, WITH ALL APPLICABLE LAWS,
RULES, REGULATIONS AND ORDERS, SUCH COMPLIANCE TO INCLUDE, WITHOUT LIMITATION,
COMPLIANCE WITH ERISA, THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
CHAPTER OF THE ORGANIZED CRIME CONTROL ACT OF 1970 AND THE UNITING AND
STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND
OBSTRUCT TERRORISM ACT OF 2001, PUB. L. 107-56 AND ALL OTHER LAWS AND
REGULATIONS RELATING TO MONEY LAUNDERING AND TERRORIST ACTIVITIES.
(B)
PAYMENT OF TAXES, ETC.
PAY AND DISCHARGE, AND CAUSE EACH OF ITS
SUBSIDIARIES TO PAY AND DISCHARGE, BEFORE THE SAME SHALL BECOME DELINQUENT,
(I) ALL TAXES, ASSESSMENTS AND GOVERNMENTAL CHARGES OR LEVIES IMPOSED UPON IT OR
UPON ITS PROPERTY AND (II) ALL LAWFUL CLAIMS THAT, IF UNPAID, MIGHT BY LAW
BECOME A LIEN UPON ITS PROPERTY; PROVIDED, HOWEVER, THAT NEITHER THE BORROWER
NOR ANY OF ITS SUBSIDIARIES SHALL BE REQUIRED TO PAY OR DISCHARGE ANY SUCH TAX,
ASSESSMENT, CHARGE OR CLAIM THAT IS BEING CONTESTED IN GOOD FAITH AND BY PROPER
PROCEEDINGS AND AS TO WHICH APPROPRIATE RESERVES ARE BEING MAINTAINED, UNLESS
AND UNTIL ANY LIEN RESULTING THEREFROM ATTACHES TO ITS PROPERTY AND