OTHER LOAN DOCUMENTS.
THE CREDIT PARTIES SHALL NOT AND SHALL NOT CAUSE
OR PERMIT THEIR SUBSIDIARIES TO DIRECTLY OR INDIRECTLY ENGAGE IN ANY BUSINESS
OTHER THAN BUSINESSES OF THE TYPE DESCRIBED ON SCHEDULE 5.9.
5.10.
CHANGES RELATING TO INDEBTEDNESS.
THE CREDIT PARTIES SHALL NOT AND
SHALL NOT CAUSE OR PERMIT THEIR SUBSIDIARIES TO DIRECTLY OR INDIRECTLY CHANGE OR
AMEND THE TERMS OF ANY OF ITS INDEBTEDNESS PERMITTED BY SECTION 5.1(D), (E),
(F), (G) OR (H), INCLUDING, WITHOUT LIMITATION, THE MEZZANINE DEBT, THE SENIOR
SUBORDINATED DEBT, THE FEBRUARY 2003 SENIOR SUBORDINATED DEBT, THE 2002 SENIOR
DEBT AND THE 2003 SENIOR SECURED DEBT (OR ANY INDENTURE OR OTHER AGREEMENT,
INSTRUMENT OR DOCUMENT IN CONNECTION THEREWITH), INCLUDING, WITHOUT LIMITATION,
ANY OF THE SUBORDINATED NOTES, IF THE EFFECT OF SUCH AMENDMENT IS TO: (A)
INCREASE THE INTEREST RATE ON SUCH INDEBTEDNESS; (B) ACCELERATE THE DATES UPON
WHICH PAYMENTS OF PRINCIPAL OR INTEREST ARE DUE; (C) INCREASE THE PRINCIPAL
AMOUNT OF SUCH INDEBTEDNESS; (D) CHANGE ANY EVENT OF DEFAULT OR ADD OR MAKE MORE
RESTRICTIVE ANY COVENANT WITH RESPECT TO SUCH INDEBTEDNESS; (E) CHANGE THE
REDEMPTION OR PREPAYMENT PROVISIONS OF SUCH INDEBTEDNESS; (F) CHANGE THE
SUBORDINATION PROVISIONS THEREOF, IF ANY (OR THE SUBORDINATION TERMS OF ANY
GUARANTY THEREOF); (G) CHANGE OR AMEND ANY OTHER TERM IF SUCH CHANGE OR
AMENDMENT WOULD MATERIALLY INCREASE THE OBLIGATIONS OF THE OBLIGOR OR CONFER
ADDITIONAL MATERIAL RIGHTS ON THE HOLDER OF SUCH INDEBTEDNESS IN A MANNER
ADVERSE TO ANY CREDIT PARTY OR LENDERS; OR (H) INCREASE THE PORTION OF INTEREST
PAYABLE IN CASH WITH RESPECT TO ANY INDEBTEDNESS FOR WHICH INTEREST IS PAYABLE
BY THE ISSUANCE OF PAYMENT-IN-KIND NOTES OR IS PERMITTED TO ACCRUE WITHOUT THE
CONSENT OF THE REQUIRED LENDERS; PROVIDED, THAT SO LONG AS NO DEFAULT OR EVENT
OF DEFAULT THEN EXISTS OR WOULD RESULT THEREFROM, MEZZANINE DEBT MAY BE (A)
REFINANCED WITH THE ISSUANCE OF PERMITTED SUBORDINATED DEBT AND IN ACCORDANCE
WITH ANY RELEVANT PROVISIONS OF THIS AGREEMENT OR (B) EXCHANGED FOR QUALIFIED
PREFERRED STOCK IN ACCORDANCE WITH ANY RELEVANT PROVISIONS OF THIS AGREEMENT.
5.11.
FISCAL YEAR.
NO CREDIT PARTY SHALL CHANGE ITS FISCAL YEAR OR
PERMIT ANY OF ITS SUBSIDIARIES TO CHANGE THEIR RESPECTIVE FISCAL YEARS.
5.12.
PRESS RELEASE; PUBLIC OFFERING MATERIALS.
EACH CREDIT PARTY
EXECUTING THIS AGREEMENT AGREES THAT NEITHER IT NOR ITS AFFILIATES WILL IN THE
FUTURE ISSUE ANY PRESS RELEASES OR OTHER PUBLIC DISCLOSURE, INCLUDING ANY
PROSPECTUS, PROXY STATEMENT OR OTHER MATERIALS FILED WITH ANY GOVERNMENTAL
AUTHORITY RELATING TO A PUBLIC OFFERING OF THE STOCK OF ANY CREDIT PARTY, USING
THE NAME OF GE CAPITAL OR ITS AFFILIATES OR REFERRING TO THIS AGREEMENT, THE
OTHER LOAN DOCUMENTS OR THE RELATED TRANSACTIONS DOCUMENTS, OTHER THAN THE
FILING OF THIS AGREEMENT, THE OTHER LOAN DOCUMENTS OR THE RELATED TRANSACTIONS
DOCUMENTS AS EXHIBITS TO ANY PUBLIC DISCLOSURE DOCUMENTS FILED BY HOLDINGS WITH
THE SECURITIES AND EXCHANGE COMMISSION, AS REQUIRED TO DO SO UNDER LAW, WITHOUT
AT LEAST TWO (2) BUSINESS DAYS' PRIOR NOTICE TO GE CAPITAL AND WITHOUT THE PRIOR
WRITTEN CONSENT OF GE CAPITAL