IT OR ANY AFFILIATE HAS
INCURRED WITHDRAWAL
60
LIABILITY, OR THAT ANY MULTIEMPLOYER PLAN IS IN REORGANIZATION OR THAT ANY
REPORTABLE EVENT OR FOREIGN BENEFIT EVENT HAS OCCURRED WITH RESPECT TO ANY
EMPLOYEE PENSION PLAN OR THAT PBGC HAS INSTITUTED OR WILL INSTITUTE PROCEEDINGS
UNDER TITLE IV OF ERISA TO TERMINATE ANY EMPLOYEE PENSION PLAN OR TO APPOINT A
TRUSTEE TO ADMINISTER ANY EMPLOYEE PENSION PLAN, A STATEMENT SETTING FORTH THE
AMOUNT OF SUCH WITHDRAWAL LIABILITY, THE DETAILS OF THE REORGANIZATION,
REPORTABLE EVENT, FOREIGN BENEFIT EVENT OR TERMINATION OR APPOINTMENT
PROCEEDINGS AND THE ACTION WHICH IT (OR THE MULTIEMPLOYER PLAN SPONSOR OR
EMPLOYEE PENSION PLAN SPONSOR IF OTHER THAN THE PARENT) PROPOSES TO TAKE WITH
RESPECT THERETO, TOGETHER WITH A COPY OF ANY NOTICE OF WITHDRAWAL LIABILITY OR
REORGANIZATION GIVEN TO THE PARENT OR ANY AFFILIATE AND A COPY OF THE NOTICE OF
SUCH REPORTABLE EVENT GIVEN TO PBGC OR A COPY OF THE NOTICE OF SUCH FOREIGN
BENEFIT EVENT, IN EACH CASE, IF A COPY OF SUCH NOTICE IS REASONABLY AVAILABLE TO
THE BORROWER OR ANY OF ITS AFFILIATES, AND (B) PROMPTLY AFTER RECEIPT THEREOF, A
COPY OF ANY NOTICE (I) THE PARENT OR ANY OF ITS AFFILIATES OR THE SPONSOR OF ANY
EMPLOYEE PENSION PLAN RECEIVES FROM PBGC OR THE INTERNAL REVENUE SERVICE WHICH
SETS FORTH OR PROPOSES ANY NEGATIVE ACTION OR DETERMINATION WITH RESPECT TO SUCH
EMPLOYEE PENSION PLAN AND (II) THE PARENT, THE BORROWER, ANY OF THEIR
SUBSIDIARIES OR THE SPONSOR OF ANY FOREIGN BENEFIT PLAN RECEIVES FROM ANY
GOVERNMENTAL AUTHORITY REGULATING SUCH FOREIGN BENEFIT PLAN WHICH SETS FORTH OR
PROPOSES ANY ACTION OR DETERMINATION WITH RESPECT TO SUCH FOREIGN BENEFIT PLAN.
THE BORROWER WILL PROMPTLY NOTIFY THE ADMINISTRATIVE AGENT OF ANY EXCISE TAXES
WHICH HAVE BEEN ASSESSED AGAINST THE PARENT OR ANY OF ITS SUBSIDIARIES OR ANY OF
ITS AFFILIATES BY (X) THE INTERNAL REVENUE SERVICE WITH RESPECT TO ANY EMPLOYEE
PENSION PLAN OR MULTIEMPLOYER PLAN OR (Y) THE APPLICABLE GOVERNMENT AUTHORITY
REGULATING ANY FOREIGN BENEFIT PLAN.
WITHIN THE TIME REQUIRED FOR NOTICE TO THE
PBGC UNDER SECTION 302(F)(4)(A) OF ERISA, THE BORROWER WILL NOTIFY THE
ADMINISTRATIVE AGENT OF ANY LIEN OF WHICH THE BORROWER HAS KNOWLEDGE ARISING
UNDER SECTION 302(F) OF ERISA IN FAVOR OF ANY EMPLOYEE PENSION PLAN.
THE
BORROWER WILL PROMPTLY NOTIFY THE ADMINISTRATIVE AGENT OF THE FOLLOWING EVENTS,
AND IN ANY EVENT WITHIN 30 DAYS AFTER THE BORROWER KNOWS OR HAS REASON TO KNOW
THEREOF: (I) A FAILURE TO MAKE ANY REQUIRED CONTRIBUTION TO A PLAN OR FOREIGN
BENEFIT PLAN, ANY LIEN IN FAVOR OF PBGC, PLAN OR FOREIGN BENEFIT PLAN, OR ANY
WITHDRAWAL FROM, OR THE TERMINATION, REORGANIZATION OR INSOLVENCY OF ANY
MULTIEMPLOYER PLAN OR (II) ASSESSMENT OF LIABILITY UNDER THE COAL INDUSTRY
RETIREE HEALTH BENEFIT ACT OF 1992.
5.14
Environmental Laws.
(A)
COMPLY WITH, AND REQUIRE COMPLIANCE BY ALL TENANTS AND ALL
SUBTENANTS, IF ANY, WITH, ALL ENVIRONMENTAL LAWS AND OBTAIN AND COMPLY WITH AND
MAINTAIN, AND REQUIRE THAT ALL TENANTS AND SUBTENANTS OBTAIN AND COMPLY WITH AND