COFACE AGENT MAY REASONABLY REQUEST, IT BEING
UNDERSTOOD THAT TO THE EXTENT THAT ANY SUCH SATELLITE HEALTH REPORT CONTAINS ANY
FORWARD LOOKING STATEMENTS, ESTIMATES OR PROJECTIONS, SUCH STATEMENTS, ESTIMATES
OR PROJECTIONS ARE SUBJECT TO SIGNIFICANT UNCERTAINTIES AND CONTINGENCIES, MANY
OF WHICH ARE BEYOND THE BORROWER'S CONTROL, AND NO ASSURANCE CAN BE GIVEN THAT
SUCH FORWARD LOOKING STATEMENTS, ESTIMATES OR PROJECTIONS WILL BE REALISED,
PROVIDED THAT NOTHING IN THIS PARAGRAPH (B) SHALL REQUIRE THE BORROWER TO
DELIVERY ANY INFORMATION TO ANY LENDER TO THE EXTENT DELIVERY OF SUCH
INFORMATION IS RESTRICTED BY APPLICABLE LAW OR REGULATION.
(C)
NO LESS THAN QUARTERLY, A SATELLITE HEALTH
REPORT PREPARED BY THE BORROWER AND CERTIFIED BY A RESPONSIBLE OFFICER INCLUDING
THE FOLLOWING:
(I)
DETAILS OF THE OPERATIONAL STATUS OF EACH
SATELLITE (OTHER THAN SATELLITES YET TO BE LAUNCHED) BASED ON REASONABLE
ASSUMPTIONS OF THE BORROWER MADE IN GOOD FAITH AND IN SUBSTANTIALLY THE SAME
FORM CONTAINED IN SCHEDULE 30 (FORM OF QUARTERLY HEALTH REPORT); AND
(II)
A LETTER PROVIDING DETAILS OF ANY MATERIAL
OR UNUSUAL EVENTS THAT HAVE OCCURRED WITH RESPECT TO THE SATELLITES SINCE THE
DELIVERY TO THE COFACE AGENT OF THE LAST QUARTERLY REPORT.
(D)
SUCH OTHER INFORMATION REGARDING THE
OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF THE BORROWER OR ANY OF
ITS SUBSIDIARIES AS THE COFACE AGENT OR ANY LENDER MAY REASONABLY REQUEST.
19.6
NOTICE OF LITIGATION AND OTHER MATTERS
Promptly (but in no event later than ten (10) Business Days after any
Responsible Officer of the Borrower obtains knowledge thereof) written notice
of:
(A)
ALL DOCUMENTS DISPATCHED BY THE BORROWER TO
ALL OF ITS STOCKHOLDERS (OR ANY CLASS THEREOF) OR ITS CREDITORS GENERALLY AT THE
SAME TIME AS THEY ARE DISPATCHED;
(B)
THE COMMENCEMENT OF ALL PROCEEDINGS AND
INVESTIGATIONS BY OR BEFORE ANY GOVERNMENTAL AUTHORITY AND ALL ACTIONS AND
PROCEEDINGS IN ANY COURT OR BEFORE ANY ARBITRATOR AGAINST OR INVOLVING THE
BORROWER OR ANY SUBSIDIARY THEREOF OR ANY OF THEIR RESPECTIVE PROPERTIES, ASSETS
OR BUSINESSES THAT IF ADVERSELY DETERMINED COULD REASONABLY BE EXPECTED TO
RESULT IN A MATERIAL ADVERSE EFFECT;
94
(C)
ANY NOTICE OF ANY VIOLATION RECEIVED BY THE
BORROWER OR ANY SUBSIDIARY THEREOF FROM ANY GOVERNMENTAL AUTHORITY INCLUDING,
WITHOUT LIMITATION:
(I)
ANY NOTICE OF VIOLATION OF ANY
ENVIRONMENTAL LAW AND THE DETAILS OF ANY ENVIRONMENTAL CLAIM, LITIGATION,
ARBITRATION OR ADMINISTRATIVE PROCEEDINGS WHICH ARE CURRENT, THREATENED OR
PENDING AGAINST ANY MEMBER OF THE GROUP; AND
(II)
ANY OTHER NOTICE OF VIOLATION WHICH IN EACH
CASE COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT;
(D)
ANY LABOUR CONTROVERSY THAT HAS RESULTED IN
A STRIKE OR OTHER WORK ACTION AGAINST THE BORROWER OR ANY SUBSIDIARY THEREOF
WHICH IN EACH CASE COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE
EFFECT;
(E)
ANY ATTACHMENT, JUDGMENT, LIEN, LEVY OR
ORDER EXCEEDING ONE MILLION DOLLARS (US$1,000,000) THAT HAS BEEN ASSESSED
AGAINST THE BORROWER OR ANY SUBSIDIARY THEREOF;
(F)
ANY CLAIM FOR FORCE MAJEURE (HOWSOEVER
DESCRIBED) BY A PARTY UNDER A COMMERCIAL CONTRACT;
(G)
DETAILS OF:
(I)
ANY DELAY WHICH HAS A DURATION