SUBSIDIARY TO, MAKE ANY
SIGNIFICANT CHANGE IN ACCOUNTING TREATMENT OR REPORTING PRACTICES, EXCEPT AS
REQUIRED BY GAAP, OR CHANGE THE FISCAL YEAR OF THE BORROWER OR OF ANY OF ITS
SUBSIDIARIES, EXCEPT TO CHANGE THE FISCAL YEAR OF A SUBSIDIARY TO CONFORM ITS
FISCAL YEAR TO THAT OF THE BORROWER.
SECTION 7.14.
CAPITAL EXPENDITURES.
THE PARENT AND
BORROWER WILL NOT, AND WILL NOT PERMIT ANY RESTRICTED SUBSIDIARY TO, MAKE OR
COMMIT TO MAKE ANY CAPITAL EXPENDITURES OTHER THAN (I) PERMITTED UIC CASH CAPEX
IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF UIC CASH THEN IN EFFECT, AND
(II) CAPITAL EXPENDITURES OF THE BORROWER IN AN AGGREGATE AMOUNT NOT TO EXCEED
(A) $30,000,000 FOR THE FISCAL YEAR ENDING DECEMBER 31, 2005 AND (B) $20,000,000
IN EACH FISCAL YEAR THEREAFTER.
SECTION 7.15.
DETROIT STOKER.
SO LONG AS DETROIT STOKER
REMAINS A SUBSIDIARY OF THE PARENT,
(A)
THE PARENT SHALL CAUSE DETROIT STOKER TO DO
OR CAUSE TO BE DONE ALL THINGS NECESSARY TO PRESERVE, RENEW AND MAINTAIN IN FULL
FORCE AND EFFECT ITS SEPARATE LEGAL EXISTENCE; AND
(B)
THE PARENT SHALL NOT PERMIT DETROIT STOKER
TO (I) MAKE ANY RESTRICTED PAYMENT, OR (II) ENTER INTO ANY TRANSACTIONS BETWEEN
THE PARENT OR ANY OF ITS OTHER SUBSIDIARIES, ON THE ONE HAND, AND DETROIT
STOKER, ON THE OTHER HAND, EXCEPT LOANS MADE BY DETROIT STOKER TO THE PARENT OR
ANY OF ITS OTHER SUBSIDIARIES SO LONG AS (1) SUCH LOANS ARE ON COMMERCIALLY
REASONABLE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION AS TO PRICING,
AMORTIZATION, COVENANTS AND DEFAULTS) THAT WOULD BE OBTAINED ON AN ARM'S-LENGTH
BASIS FROM UNRELATED THIRD PARTIES, (2) THE PROCEEDS OF SUCH LOANS ARE USED TO
FINANCE CAPITAL EXPENDITURES, ACQUISITIONS AND PERMITTED OTHER DIVIDENDS TO THE
EXTENT PERMITTED UNDER SECTION 7.5(E), BUT NOT WORKING CAPITAL OR OTHER
PURPOSES, OF THE PARENT OR SUCH OTHER SUBSIDIARIES, (3) ANY LOANS TO FINANCE
CAPITAL EXPENDITURES HAVE LEVEL MONTHLY OR QUARTERLY AMORTIZATION AND FULLY
AMORTIZE OVER THE LIFE OF THE ASSET ACQUIRED, UNLESS OTHERWISE APPROVED IN
WRITING BY THE ADMINISTRATIVE AGENT, AND (4) ANY LOANS TO FINANCE ACQUISITIONS
OR PERMITTED OTHER DIVIDENDS HAVE LEVEL MONTHLY OR QUARTERLY AMORTIZATION AND
FULLY AMORTIZE OVER A TERM OF AT LEAST ONE YEAR AND NOT MORE THAN SEVEN YEARS,
UNLESS OTHERWISE APPROVED IN WRITING BY THE ADMINISTRATIVE AGENT.
ARTICLE VIII
EVENTS OF DEFAULT
SECTION 8.1.
EVENTS OF DEFAULT.
IF ANY OF THE
FOLLOWING EVENTS (EACH AN "EVENT OF DEFAULT") SHALL OCCUR:
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(A)
THE BORROWER SHALL FAIL TO PAY ANY
PRINCIPAL OF ANY LOAN OR OF ANY REIMBURSEMENT OBLIGATION IN RESPECT OF ANY LC
DISBURSEMENT WHEN AND AS THE SAME SHALL BECOME DUE AND PAYABLE, WHETHER AT THE
DUE DATE THEREOF OR AT A DATE FIXED FOR PREPAYMENT OR OTHERWISE; OR
(B)
THE BORROWER SHALL FAIL TO PAY ANY INTEREST
ON ANY LOAN OR ANY FEE OR ANY OTHER AMOUNT (OTHER THAN AN AMOUNT PAYABLE UNDER
CLAUSE (A) OF THIS SECTION 8.1) PAYABLE UNDER THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT, WHEN AND AS THE SAME SHALL BECOME