IF ANY, THAT THE BORROWER, ANY SUBSIDIARY OR ANY
ERISA AFFILIATE IS REQUIRED OR PROPOSES TO TAKE, TOGETHER WITH ANY NOTICES
REQUIRED OR PROPOSED TO BE GIVEN TO OR FILED WITH OR BY THE BORROWER, ANY
SUBSIDIARY, ANY ERISA AFFILIATE, THE PBGC, A PLAN OR MULTIEMPLOYER PLAN
PARTICIPANT OR THE PLAN ADMINISTRATOR WITH RESPECT THERETO:
THAT A REPORTABLE
EVENT HAS OCCURRED (EXCEPT TO THE EXTENT THAT THE BORROWER HAS PREVIOUSLY
DELIVERED TO THE LENDER A CERTIFICATE AND NOTICES (IF ANY) CONCERNING SUCH EVENT
PURSUANT TO THE NEXT CLAUSE HEREOF); THAT A CONTRIBUTING SPONSOR (AS DEFINED IN
SECTION 4001(A)(13) OF ERISA) OF A PLAN SUBJECT TO TITLE IV OF ERISA IS SUBJECT
TO THE ADVANCE REPORTING REQUIREMENT OF PBGC REGULATION SECTION 4043.61 (WITHOUT
REGARD TO SUBPARAGRAPH (B)(1) THEREOF), AND AN EVENT DESCRIBED IN SUBSECTION
.62, .63, .64, .65, .66, .67 OR .68 OF PBGC REGULATION SECTION 4043 IS
REASONABLY EXPECTED TO OCCUR WITH RESPECT TO SUCH PLAN WITHIN THE FOLLOWING 30
DAYS; THAT AN ACCUMULATED FUNDING DEFICIENCY, WITHIN THE MEANING OF SECTION 412
OF THE CODE OR SECTION 302 OF ERISA, HAS BEEN INCURRED OR AN APPLICATION MAY
REASONABLY BE EXPECTED TO BE OR HAS BEEN MADE FOR A WAIVER OR MODIFICATION OF
THE MINIMUM FUNDING STANDARD (INCLUDING ANY REQUIRED INSTALLMENT PAYMENTS) OR AN
EXTENSION OF ANY AMORTIZATION PERIOD UNDER SECTION 412 OF THE CODE OR SECTION
303 OR 304 OF ERISA WITH RESPECT TO A PLAN; THAT ANY CONTRIBUTION REQUIRED TO BE
MADE WITH RESPECT TO A PLAN OR MULTIEMPLOYER PLAN HAS NOT BEEN TIMELY MADE; THAT
A PLAN OR MULTIEMPLOYER PLAN HAS BEEN OR MAY REASONABLY BE EXPECTED TO BE
TERMINATED, REORGANIZED,
49
PARTITIONED OR DECLARED INSOLVENT UNDER TITLE IV OF ERISA; THAT A PLAN HAS AN
UNFUNDED CURRENT LIABILITY WHICH, WHEN ADDED TO THE AGGREGATE AMOUNT OF UNFUNDED
CURRENT LIABILITIES WITH RESPECT TO ALL OTHER PLANS, EXCEEDS THE AGGREGATE
AMOUNT OF SUCH UNFUNDED CURRENT LIABILITIES THAT EXISTED ON THE INITIAL
BORROWING DATE BY $500,000; THAT PROCEEDINGS MAY REASONABLY BE EXPECTED TO BE OR
HAVE BEEN INSTITUTED TO TERMINATE OR APPOINT A TRUSTEE TO ADMINISTER A PLAN
WHICH IS SUBJECT TO TITLE IV OF ERISA; THAT A PROCEEDING HAS BEEN INSTITUTED
PURSUANT TO SECTION 515 OF ERISA TO COLLECT A DELINQUENT CONTRIBUTION TO A
MULTIEMPLOYER PLAN; THAT THE BORROWER, ANY SUBSIDIARY OR ANY ERISA AFFILIATE
WILL OR MAY REASONABLY BE EXPECTED TO INCUR ANY MATERIAL LIABILITY (INCLUDING
ANY INDIRECT, CONTINGENT, OR SECONDARY LIABILITY) TO OR ON ACCOUNT OF THE
TERMINATION OF OR WITHDRAWAL FROM A PLAN OR MULTIEMPLOYER PLAN UNDER SECTION
4062, 4063, 4064, 4069, 4201, 4204 OR 4212 OF ERISA OR WITH RESPECT TO A PLAN
UNDER SECTION 401(A)(29), 4971, 4975 OR 4980 OF THE CODE OR SECTION 409 OR
502(I) OR 502(L) OF ERISA OR WITH RESPECT TO A GROUP HEALTH PLAN (AS DEFINED IN
SECTION 607(1) OF ERISA OR SECTION 4980B(G)(2) OF THE CODE) UNDER SECTION 4980B
OF THE CODE; OR THAT THE BORROWER OR ANY SUBSIDIARY MAY INCUR ANY MATERIAL
LIABILITY PURSUANT TO ANY