AGGREGATE AT ANY TIME; OR (B) COULD
REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT WITH RESPECT TO
BORROWER.
9.2.6 NOTICE OF MATERIAL ADVERSE EFFECT.
PROMPTLY AFTER ANY OFFICER OF BORROWER
OBTAINS KNOWLEDGE THEREOF, NOTICE OF ANY MATTER WHICH HAS RESULTED OR COULD
REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT.
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9.2.7 NOTICE OF ENVIRONMENTAL LITIGATION.
WITHOUT LIMITING THE PROVISIONS OF
SUBSECTION 9.2.5 HEREOF, PROMPTLY AFTER BORROWER'S RECEIPT THEREOF, NOTICE OF
THE RECEIPT OF ALL PLEADINGS, ORDERS, COMPLAINTS, INDICTMENTS, OR OTHER
COMMUNICATION ALLEGING A CONDITION THAT MAY REQUIRE BORROWER TO UNDERTAKE OR TO
CONTRIBUTE TO A CLEANUP OR OTHER RESPONSE UNDER ENVIRONMENTAL REGULATIONS, OR
WHICH SEEKS PENALTIES, DAMAGES, INJUNCTIVE RELIEF, OR CRIMINAL SANCTIONS RELATED
TO ALLEGED VIOLATIONS OF SUCH LAWS, OR WHICH CLAIMS PERSONAL INJURY OR PROPERTY
DAMAGE TO ANY PERSON AS A RESULT OF ENVIRONMENTAL FACTORS OR CONDITIONS OR
WHICH, IF ADVERSELY DETERMINED, COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT.
9.2.8 REGULATORY AND OTHER NOTICES.
PROMPTLY AFTER BORROWER'S RECEIPT THEREOF,
COPIES OF ANY NOTICES OR OTHER COMMUNICATIONS RECEIVED FROM ANY GOVERNMENTAL
AUTHORITY WITH RESPECT TO ANY MATTER OR PROCEEDING THE EFFECT OF WHICH COULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
9.2.9 ADVERSE ACTION REGARDING REQUIRED LICENSES.
IN THE EVENT BORROWER LEARNS
THAT ANY PETITION, ACTION, INVESTIGATION, NOTICE OF VIOLATION OR APPARENT
LIABILITY, NOTICE OF FORFEITURE, ORDER TO SHOW CAUSE, COMPLAINT OR PROCEEDING IS
PENDING, OR, TO THE BEST OF THE KNOWLEDGE OF ANY OFFICER OF BORROWER,
THREATENED, TO SEEK TO REVOKE, CANCEL, SUSPEND, MODIFY, OR LIMIT ANY OF THE
REQUIRED LICENSES, BORROWER SHALL PROVIDE LENDER WITH PROMPT WRITTEN NOTICE
THEREOF AND SHALL TAKE, OR CAUSE TO BE TAKEN, ALL REASONABLE MEASURES TO CONTEST
SUCH ACTION IN GOOD FAITH.
9.2.10 ERISA REPORTS.
AS SOON AS POSSIBLE AND IN ANY EVENT WITHIN TWENTY (20)
DAYS AFTER BORROWER OR ANY ERISA AFFILIATE KNOWS OR HAS REASON TO KNOW THAT ANY
REPORTABLE EVENT OR PROHIBITED TRANSACTION HAS OCCURRED WITH RESPECT TO ANY
BORROWER BENEFIT PLAN OR THAT THE PBGC OR BORROWER OR ANY ERISA AFFILIATE HAS
INSTITUTED OR WILL INSTITUTE PROCEEDINGS UNDER TITLE IV OF ERISA TO TERMINATE
ANY BORROWER PENSION PLAN, OR THAT BORROWER OR ANY ERISA AFFILIATE HAS
COMPLETELY OR PARTIALLY WITHDRAWN FROM A MULTIEMPLOYER PLAN, OR THAT A BORROWER
BENEFIT PLAN WHICH IS A MULTIEMPLOYER PLAN IS IN REORGANIZATION (WITHIN THE
MEANING OF SECTION 4241 OF ERISA), IS INSOLVENT (WITHIN THE MEANING OF
SECTION 4245 OF ERISA) OR IS TERMINATING, A CERTIFICATE OF THE CHIEF FINANCIAL
OFFICER OF BORROWER OR SUCH ERISA AFFILIATE SETTING FORTH DETAILS AS TO SUCH
REPORTABLE EVENT OR PROHIBITED TRANSACTION OR BORROWER PENSION PLAN TERMINATION
OR WITHDRAWAL OR REORGANIZATION OR INSOLVENCY AND THE ACTION BORROWER OR SUCH
ERISA AFFILIATE PROPOSES TO TAKE WITH RESPECT THERETO, PROVIDED, HOWEVER, THAT
NOTWITHSTANDING THE FOREGOING, NO REPORTING IS REQUIRED UNDER THIS
SUBSECTION UNLESS THE MATTER(S), INDIVIDUALLY OR IN THE AGGREGATE, RESULT, OR
COULD BE REASONABLY EXPECTED TO RESULT, IN AGGREGATE OBLIGATIONS OR LIABILITIES
OF BORROWER AND/OR THE ERISA