THE
BORROWERS DO NOT DELIVER A COMPLIANCE CERTIFICATE WHEN DUE, THEN UNTIL (BUT ONLY
UNTIL) SUCH COMPLIANCE CERTIFICATE IS DELIVERED AS PROVIDED HEREIN, THE TOTAL
LEVERAGE RATIO SHALL BE DEEMED, FOR THE PURPOSE OF DETERMINING THE APPLICABLE
MARGIN, TO BE THE HIGHEST PERMITTED MAXIMUM TOTAL LEVERAGE RATIO AND THE
APPLICABLE MARGIN DETERMINED WITH RESPECT THERETO.
F.
SEC REPORTING.
PROMPTLY AFTER THE
SAME ARE AVAILABLE, COPIES OF EACH ANNUAL REPORT, PROXY OR FINANCIAL STATEMENT
OR OTHER REPORT OR COMMUNICATION THAT SHALL HAVE BEEN SENT TO THE STOCKHOLDERS
OF MTRI, AND COPIES OF ALL ANNUAL, REGULAR, PERIODIC AND SPECIAL REPORTS
(INCLUDING, WITHOUT LIMITATION, EACH 10Q AND 10K REPORT) AND REGISTRATION
STATEMENTS WHICH MTRI SHALL HAVE FILED OR BE REQUIRED TO FILE WITH THE
SECURITIES AND EXCHANGE COMMISSION UNDER SECTION 13 OR 15(D) OF THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED, AND NOT OTHERWISE REQUIRED TO BE DELIVERED TO
THE BANKS PURSUANT TO OTHER PROVISIONS OF THIS SECTION 5.08.
G.
BOOKS AND RECORDS.
UNTIL BANK
FACILITIES TERMINATION, BORROWERS, AND EACH OF THEM, SHALL KEEP AND MAINTAIN
COMPLETE AND ACCURATE BOOKS AND RECORDS IN ACCORDANCE WITH GAAP, CONSISTENTLY
APPLIED.
SUBJECT TO COMPLIANCE WITH ALL APPLICABLE GAMING LAWS AND THE
SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED, BORROWERS, AND EACH OF THEM,
SHALL PERMIT BANKS AND ANY AUTHORIZED REPRESENTATIVES OF BANKS TO HAVE
REASONABLE ACCESS TO AND TO INSPECT, EXAMINE AND MAKE COPIES OF THE BOOKS AND
RECORDS, ANY AND ALL ACCOUNTS, DATA AND OTHER DOCUMENTS OF BORROWERS AT ALL
REASONABLE TIMES UPON THE GIVING OF REASONABLE NOTICE OF SUCH INTENT.
IN
ADDITION:
(I) IN THE EVENT OF THE OCCURRENCE OF ANY DEFAULT OR EVENT OF
DEFAULT, OR (II) IN THE EVENT ANY MATERIAL ADVERSE CHANGE OCCURS, BORROWERS
SHALL PROMPTLY, AND IN ANY EVENT WITHIN THREE (3) DAYS AFTER ACTUAL KNOWLEDGE
THEREOF, NOTIFY AGENT BANK IN WRITING OF SUCH OCCURRENCE; AND
H.
OTHER INFORMATION.
UNTIL BANK
FACILITIES TERMINATION, BORROWERS, AND EACH OF THEM, SHALL FURNISH TO AGENT
BANK, WITH SUFFICIENT COPIES FOR DISTRIBUTION TO EACH OF THE BANKS, ANY
FINANCIAL INFORMATION OR OTHER INFORMATION BEARING ON THE FINANCIAL STATUS OF
THE BORROWERS, OR ANY OF THEM, WHICH IS REASONABLY REQUESTED BY AGENT BANK OR
REQUISITE LENDERS.
111
SECTION 5.09.
INSURANCE.
EXCEPT FOR THE
CONSTRUCTION INSURANCE COVERAGES SET FORTH IN SUBPARAGRAPH M HEREINBELOW WHICH
SHALL BE MAINTAINED AT ALL TIMES DURING THE PERIOD IN WHICH A CONSTRUCTION
PROJECT IS UNDER CONSTRUCTION UNTIL THE COMPLETION DATE OF SUCH CONSTRUCTION
PROJECT, BORROWERS SHALL OBTAIN, OR CAUSE TO BE OBTAINED, AND SHALL MAINTAIN OR
CAUSE TO BE MAINTAINED WITH RESPECT TO THE COLLATERAL, AT THEIR OWN COST AND
EXPENSE, AND SHALL DEPOSIT THE EVIDENCE OF THE SAME REQUIRED HEREUNDER WITH
AGENT BANK ON OR BEFORE THE RESTATEMENT DATE EVIDENCE OF THE FOLLOWING
COVERAGES:
A.
PROPERTY INSURANCE.
BORROWERS SHALL
MAINTAIN A SPECIAL CAUSES OF LOSS ("ALL RISK" - ISO FORM OR EQUIVALENT), PERILS
POLICY COVERING ALL BUILDINGS AND IMPROVEMENTS, AND ANY OTHER PERMANENT
STRUCTURES FOR A LIMIT OF ONE HUNDRED PERCENT (100%) OF THE REPLACEMENT COST OF