TAKE WITH RESPECT THERETO.
(D)
ANNUAL FORECASTS.
AS SOON AS AVAILABLE AND IN ANY EVENT NO LATER
THAN 60 DAYS AFTER THE BEGINNING OF EACH FISCAL YEAR, FORECASTS PREPARED BY
MANAGEMENT OF THE U.S. BORROWER, IN REASONABLE DETAIL AND IN FORM CUSTOMARILY
PREPARED BY MANAGEMENT OF SUCH BORROWER FOR ITS INTERNAL USE AND SETTING FORTH
AN EXPLANATION FOR THE PRINCIPAL ASSUMPTIONS ON WHICH SUCH FORECASTS WERE BASED,
OF BALANCE SHEETS, INCOME STATEMENTS AND CASH FLOW STATEMENTS ON A QUARTERLY
BASIS FOR THE FISCAL YEAR FOLLOWING SUCH FISCAL YEAR THEN ENDED AND ON AN ANNUAL
BASIS FOR EACH OF THE FOUR FISCAL YEARS THEREAFTER.
(E)
ERISA.
PROMPTLY AFTER ANY LOAN PARTY OR ANY ERISA AFFILIATE
OBTAINS KNOWLEDGE, OR HAS REASON TO KNOW, OF THE OCCURRENCE OF ANY OF THE
FOLLOWING EVENTS THAT INDIVIDUALLY OR IN THE AGGREGATE (INCLUDING IN THE
AGGREGATE SUCH EVENTS PREVIOUSLY DISCLOSED OR
84
EXEMPT FROM DISCLOSURE HEREUNDER, TO THE EXTENT THE LIABILITY THEREFOR REMAINS
OUTSTANDING), WOULD BE REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE EFFECT, A
CERTIFICATE OF A RESPONSIBLE OFFICER OF THE U.S. BORROWER SETTING FORTH DETAILS
AS TO SUCH OCCURRENCE AND THE ACTION, IF ANY, THAT ANY LOAN PARTY OR ANY ERISA
AFFILIATE IS REQUIRED OR PROPOSES TO TAKE, TOGETHER WITH ANY NOTICES (REQUIRED,
PROPOSED OR OTHERWISE) GIVEN TO OR FILED WITH OR BY OR RECEIVED BY ANY LOAN
PARTY, ANY ERISA AFFILIATE, THE PBGC, A PLAN PARTICIPANT (OTHER THAN NOTICES
RELATING TO AN INDIVIDUAL PARTICIPANT'S BENEFITS) OR THE PLAN ADMINISTRATOR WITH
RESPECT THERETO:
THAT A REPORTABLE EVENT HAS OCCURRED; THAT AN ACCUMULATED
FUNDING DEFICIENCY HAS BEEN INCURRED OR AN APPLICATION HAS BEEN OR IS TO BE MADE
TO THE SECRETARY OF THE TREASURY 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 INTERNAL REVENUE CODE WITH
RESPECT TO A PLAN; THAT A PLAN HAVING AN UNFUNDED CURRENT LIABILITY HAS BEEN OR
IS TO BE TERMINATED, REORGANIZED, PARTITIONED OR DECLARED INSOLVENT UNDER TITLE
IV OF ERISA (INCLUDING THE GIVING OF WRITTEN NOTICE THEREOF); THAT A PLAN HAS AN
UNFUNDED CURRENT LIABILITY THAT HAS OR IS REASONABLY EXPECTED TO RESULT IN A
LIEN UNDER ERISA OR THE INTERNAL REVENUE CODE; THAT PROCEEDINGS ARE REASONABLY
EXPECTED TO BE OR HAVE BEEN INSTITUTED TO TERMINATE A PLAN HAVING AN UNFUNDED
CURRENT LIABILITY (INCLUDING THE GIVING OF WRITTEN NOTICE THEREOF); THAT A
PROCEEDING HAS BEEN INSTITUTED AGAINST ANY LOAN PARTY OR ANY ERISA AFFILIATE
PURSUANT TO SECTION 515 OF ERISA TO COLLECT A DELINQUENT CONTRIBUTION TO A PLAN;
THAT THE PBGC HAS NOTIFIED ANY LOAN PARTY OR ANY ERISA AFFILIATE OF ITS
INTENTION TO APPOINT A TRUSTEE TO ADMINISTER ANY PLAN; THAT ANY LOAN PARTY OR
ANY ERISA AFFILIATE HAS FAILED TO MAKE A REQUIRED INSTALLMENT OR OTHER PAYMENT
PURSUANT TO SECTION 412 OF THE INTERNAL REVENUE CODE WITH RESPECT TO A PLAN; OR
THAT ANY LOAN PARTY OR ANY ERISA AFFILIATE HAS INCURRED OR IS REASONABLY
EXPECTED TO INCUR