AFTER THE CLOSE OF
EACH FISCAL YEAR, FOR THE GENERAL PARTNER, THE BORROWER AND THEIR SUBSIDIARIES,
RELATED REPORTS IN FORM AND SUBSTANCE SATISFACTORY TO THE LENDERS, CERTIFIED BY
THE ENTITY'S CHIEF FINANCIAL OFFICER OR CHIEF ACCOUNTING OFFICER, INCLUDING
REPORTS CONTAINING TAXABLE INCOME AND PROPERTY OPERATING INCOME FOR EACH
INDIVIDUAL PROPERTY;
(V)
TOGETHER WITH THE QUARTERLY AND ANNUAL FINANCIAL STATEMENTS REQUIRED HEREUNDER,
A COMPLIANCE CERTIFICATE IN SUBSTANTIALLY THE FORM OF EXHIBIT E HERETO SIGNED BY
THE GENERAL PARTNER'S AND THE BORROWER'S CHIEF FINANCIAL OFFICERS OR CHIEF
ACCOUNTING OFFICERS SHOWING THE CALCULATIONS AND COMPUTATIONS NECESSARY TO
DETERMINE COMPLIANCE WITH THIS AGREEMENT AND
37
STATING THAT NO DEFAULT OR UNMATURED DEFAULT EXISTS, OR IF ANY DEFAULT OR
UNMATURED DEFAULT EXISTS, STATING THE NATURE AND STATUS THEREOF;
(VI)
AS
SOON AS POSSIBLE AND IN ANY EVENT WITHIN 10 DAYS AFTER THE GENERAL PARTNER OR
THE BORROWER KNOWS THAT ANY REPORTABLE EVENT HAS OCCURRED WITH RESPECT TO ANY
PLAN, A STATEMENT, SIGNED BY THE CHIEF FINANCIAL OFFICER OF SUCH ENTITY,
DESCRIBING SAID REPORTABLE EVENT AND THE ACTION WHICH SUCH ENTITY PROPOSES TO
TAKE WITH RESPECT THERETO;
(VII)
AS
SOON AS POSSIBLE AND IN ANY EVENT WITHIN 10 DAYS AFTER RECEIPT BY THE GENERAL
PARTNER OR THE BORROWER, A COPY OF (A) ANY NOTICE OR CLAIM TO THE EFFECT THAT
THE GENERAL PARTNER, THE BORROWER OR ANY OF THEIR SUBSIDIARIES IS OR MAY BE
LIABLE TO ANY PERSON AS A RESULT OF THE RELEASE BY SUCH ENTITY, ANY OF ITS
SUBSIDIARIES, OR ANY OTHER PERSON OF ANY TOXIC OR HAZARDOUS WASTE OR SUBSTANCE
INTO THE ENVIRONMENT, AND (B) ANY NOTICE ALLEGING ANY VIOLATION OF ANY FEDERAL,
STATE OR LOCAL ENVIRONMENTAL, HEALTH OR SAFETY LAW OR REGULATION BY THE GENERAL
PARTNER OR THE BORROWER OR ANY OF THEIR SUBSIDIARIES, WHICH, IN EITHER CASE,
COULD HAVE A MATERIAL ADVERSE EFFECT;
(VIII)
PROMPTLY UPON THE FURNISHING THEREOF TO THE SHAREHOLDERS OF THE GENERAL PARTNER
OR THE PARTNERS OF THE BORROWER, COPIES OF ALL FINANCIAL STATEMENTS, REPORTS AND
PROXY STATEMENTS SO FURNISHED;
(IX)
PROMPTLY UPON THE FILING THEREOF, COPIES OF ALL REGISTRATION STATEMENTS AND
ANNUAL, QUARTERLY, MONTHLY OR OTHER REPORTS AND ANY OTHER PUBLIC INFORMATION
WHICH THE GENERAL PARTNER, THE BORROWER OR ANY OF THEIR SUBSIDIARIES FILES WITH
THE SECURITIES EXCHANGE COMMISSION;
(X)
PROMPTLY UPON THE DISTRIBUTION THEREOF TO THE PRESS OR THE PUBLIC, COPIES OF ALL
PRESS RELEASES; AND
(XI)
SUCH OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, FINANCIAL STATEMENTS FOR
THE BORROWER AND NON-FINANCIAL INFORMATION) AS THE ADMINISTRATIVE AGENT OR ANY
LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
If any information which is required to be furnished to the Lenders under this
Section 7.1 is required by law or regulation to be filed by the Borrower with a
government body on an earlier date, then the information required hereunder
shall be furnished to the Lenders at such earlier date. If the foregoing
information is required to be delivered by the Borrower pursuant to the
Revolving Credit Agreement, then so long as each Lender hereunder is also a
Lender