BY THE ADMINISTRATIVE AGENT,
COPIES OF ANY AMENDMENT, MODIFICATION OR WAIVER OF ANY PROVISION OF ANY
MORTGAGED AGREEMENT OR INSTRUMENT, INDENTURE, LOAN OR CREDIT OR SIMILAR
AGREEMENT AND SUCH INFORMATION AND REPORTS REGARDING THE MORTGAGED AGREEMENTS
AND SUCH INSTRUMENTS, INDENTURES AND LOAN AND CREDIT AND SIMILAR AGREEMENTS AS
THE ADMINISTRATIVE AGENT MAY REASONABLY REQUEST;
(G)
AS SOON AS AVAILABLE AND IN ANY EVENT UPON
DELIVERY OF THE FINANCIAL STATEMENTS REQUIRED TO BE DELIVERED PURSUANT TO
SECTION 6.01(B), AN UPDATED PERFECTION CERTIFICATE WITH
70
SCHEDULES UPDATING THE INFORMATION CONTAINED THEREIN TO THE EXTENT ANY
INFORMATION CONTAINED THEREIN MUST BE UPDATED OR CHANGED IN ORDER TO MAKE SUCH
INFORMATION ACCURATE AND COMPLETE;
(H)
OF A TAX EVENT OR LIABILITY NOT PREVIOUSLY
DISCLOSED IN WRITING BY THE BORROWER TO THE ADMINISTRATIVE AGENT WHICH WOULD
REASONABLY BE EXPECTED TO RESULT IN A MATERIAL LIABILITY, TOGETHER WITH ANY
OTHER INFORMATION AS MAY BE REASONABLY REQUESTED BY THE ADMINISTRATIVE AGENT TO
ENABLE THE ADMINISTRATIVE AGENT TO EVALUATE SUCH MATTERS;
(I)
ANY EVENT OR CIRCUMSTANCE CAUSING THE
PARENT TO CEASE TO, DIRECTLY OR INDIRECTLY, OWN THE BORROWER OR THE OCCURRENCE
OF A CHANGE OF CONTROL;
(J)
OF ANY CHANGE (I) IN ANY LOAN PARTY'S
CORPORATE NAME, (II) ANY LOAN PARTY'S IDENTITY AND CORPORATE STRUCTURE OR
(III) ANY LOAN PARTY'S TAXPAYER IDENTIFICATION NUMBER.
THE BORROWER AGREES THAT
IT WILL NOT, AND WILL NOT PERMIT ANY OF ITS SUBSIDIARIES TO, PERMIT OR MAKE ANY
CHANGE REFERRED TO IN THIS SECTION 6.03(J) UNLESS IT SHALL HAVE PROVIDED NOT
LESS THAN 30 DAYS PRIOR NOTICE THEREOF TO ADMINISTRATIVE AGENT AND THE
COLLATERAL TRUSTEE IN ORDER THAT ALL FILINGS MAY HAVE BEEN MADE UNDER THE
UNIFORM COMMERCIAL CODE WITHIN THE TIME PERIODS PROVIDED THEREIN OR OTHERWISE
THAT ARE REQUIRED IN ORDER FOR THE COLLATERAL TRUSTEE TO CONTINUE AT ALL TIMES
FOLLOWING SUCH CHANGE TO HAVE A VALID, LEGAL AND PERFECTED FIRST PRIORITY
SECURITY INTEREST IN THE COLLATERAL AND FOR THE COLLATERAL AT ALL TIMES
FOLLOWING SUCH CHANGE TO HAVE A VALID, LEGAL AND PERFECTED FIRST PRIORITY
SECURITY INTEREST AS CONTEMPLATED BY THE COLLATERAL DOCUMENTS; AND
(K)
IMMEDIATELY UPON THE DISCOVERY OF ANY
INACCURACY, MISCALCULATION OR MISSTATEMENT CONTAINED IN ANY COMPLIANCE
CERTIFICATE OR OTHER CERTIFICATE PROVIDED FOR ANY PERIOD THAT AFFECTS ANY
FINANCIAL OR OTHER CALCULATIONS, REPRESENTATIONS OR WARRANTIES OR OTHER
STATEMENTS IMPACTING ANY PROVISION OF THIS AGREEMENT AND ANY OTHER LOAN DOCUMENT
IN ANY MATERIAL RESPECT, NOTICE OF SUCH INACCURACY, MISCALCULATION OR
MISSTATEMENT TOGETHER WITH AN UPDATED CERTIFICATE INCLUDING THE CORRECTED
INFORMATION, CALCULATION OR STATEMENT, AS APPLICABLE.
Section 6.04
Environmental Matters.
(a)
Comply,
cause each of its Subsidiaries to comply and use commercially reasonable efforts
to cause all lessees and other Persons operating or occupying its properties to
comply, in all material respects, with all applicable Environmental Laws and
Environmental Permits; obtain and renew, and cause each of its Subsidiaries to
obtain and renew, all Environmental Permits necessary for its operations and
properties; and conduct, and cause each of its Subsidiaries to conduct, any
investigation, study, sampling and testing, and undertake