RESULTS
OF THE PREVIOUS FISCAL YEAR AND THE FINANCIAL CONDITION OF THE COMPANIES AND THE
BUDGETS PRESENTED FOR THE CURRENT FISCAL YEAR OF THE COMPANIES; AND
(J)
OTHER INFORMATION.
PROMPTLY, FROM TIME
TO TIME, SUCH OTHER INFORMATION REGARDING THE OPERATIONS, BUSINESS AFFAIRS AND
FINANCIAL CONDITION OF ANY COMPANY, OR COMPLIANCE WITH THE TERMS OF ANY LOAN
DOCUMENT, AS THE ADMINISTRATIVE AGENT OR ANY LENDER MAY REASONABLY REQUEST.
SECTION 5.02
LITIGATION AND OTHER NOTICES.
FURNISH TO THE ADMINISTRATIVE AGENT
AND EACH LENDER PROMPT WRITTEN NOTICE OF THE FOLLOWING:
(A)
ANY DEFAULT, SPECIFYING THE NATURE AND
EXTENT THEREOF AND THE CORRECTIVE ACTION (IF ANY) TAKEN OR PROPOSED TO BE TAKEN
WITH RESPECT THERETO;
(B)
THE FILING OR COMMENCEMENT OF, OR ANY THREAT
OR NOTICE OF INTENTION OF ANY PERSON TO FILE OR COMMENCE, ANY ACTION, SUIT OR
PROCEEDING, WHETHER AT LAW OR IN EQUITY BY OR BEFORE ANY GOVERNMENTAL AUTHORITY,
(I) AGAINST ANY COMPANY OR ANY AFFILIATE THEREOF
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THAT COULD REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT OR
(II) WITH RESPECT TO ANY LOAN DOCUMENT;
(C)
ANY DEVELOPMENT THAT HAS RESULTED IN, OR
COULD REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT;
(D)
THE OCCURRENCE OF A CASUALTY EVENT AND WILL
ENSURE THAT THE NET CASH PROCEEDS OF ANY SUCH EVENT (WHETHER IN THE FORM OF
INSURANCE PROCEEDS, CONDEMNATION AWARDS OR OTHERWISE) ARE COLLECTED AND APPLIED
IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS AGREEMENT AND THE SECURITY
DOCUMENTS;
(E)
(I) THE INCURRENCE OF ANY MATERIAL LIEN
(OTHER THAN PERMITTED LIENS) ON, OR CLAIM ASSERTED AGAINST ANY OF THE COLLATERAL
OR (II) THE OCCURRENCE OF ANY OTHER EVENT WHICH COULD MATERIALLY AFFECT THE
VALUE OF THE COLLATERAL; AND
(F)
ANY THREATENED INDICTMENT BY ANY
GOVERNMENTAL AUTHORITY OF ANY LOAN PARTY, AS TO WHICH ANY LOAN PARTY RECEIVES
KNOWLEDGE OR NOTICE, UNDER ANY CRIMINAL OR CIVIL PROCEEDINGS AGAINST ANY LOAN
PARTY PURSUANT TO WHICH STATUTE OR PROCEEDINGS THE PENALTIES OR REMEDIES SOUGHT
OR AVAILABLE INCLUDE FORFEITURE OF (I) ANY OF THE COLLATERAL HAVING A VALUE IN
EXCESS OF $500,000 OR (II) ANY OTHER PROPERTY OF ANY LOAN PARTY WHICH IS
NECESSARY OR MATERIAL TO THE CONDUCT OF ITS BUSINESS.
SECTION 5.03
EXISTENCE; BUSINESSES AND PROPERTIES.
(A)
DO OR CAUSE TO BE DONE
ALL THINGS NECESSARY TO PRESERVE, RENEW AND KEEP IN FULL FORCE AND EFFECT ITS
LEGAL EXISTENCE, EXCEPT AS OTHERWISE EXPRESSLY PERMITTED UNDER SECTION 6.05 OR,
IN THE CASE OF ANY SUBSIDIARY, WHERE THE FAILURE TO PERFORM SUCH OBLIGATIONS,
INDIVIDUALLY OR IN THE AGGREGATE, COULD NOT REASONABLY BE EXPECTED TO RESULT IN
A MATERIAL ADVERSE EFFECT.
(B)
DO OR CAUSE TO BE DONE ALL THINGS NECESSARY
TO OBTAIN, PRESERVE, RENEW, EXTEND AND KEEP IN FULL FORCE AND EFFECT THE RIGHTS,
LICENSES, PERMITS, FRANCHISES, AUTHORIZATIONS, PATENTS, COPYRIGHTS, TRADEMARKS
AND TRADE NAMES MATERIAL TO THE CONDUCT OF ITS BUSINESS; MAINTAIN AND OPERATE
SUCH BUSINESS IN SUBSTANTIALLY THE MANNER IN WHICH IT IS PRESENTLY CONDUCTED AND
OPERATED; COMPLY WITH ALL APPLICABLE REQUIREMENTS OF LAW (INCLUDING ANY AND ALL