SO
DELIVERED, SINCE THE CLOSING DATE);
(C)
AS SOON AS AVAILABLE, AND IN ANY EVENT NO LATER THAN 45 DAYS AFTER THE END
OF EACH FISCAL YEAR OF THE BORROWER, A DETAILED CONSOLIDATED BUDGET FOR THE
FISCAL YEAR FOLLOWING SUCH YEAR THEN ENDED (INCLUDING A PROJECTED CONSOLIDATED
BALANCE SHEET OF THE BORROWER AND ITS SUBSIDIARIES AS OF THE END OF EACH FISCAL
QUARTER OF SUCH FOLLOWING FISCAL YEAR, THE RELATED CONSOLIDATED STATEMENTS OF
PROJECTED CASH FLOW, PROJECTED CHANGES IN FINANCIAL POSITION AND PROJECTED
INCOME AND A DESCRIPTION OF THE UNDERLYING ASSUMPTIONS APPLICABLE THERETO), AND,
AS SOON AS AVAILABLE, SIGNIFICANT REVISIONS, IF ANY, OF SUCH BUDGET AND
PROJECTIONS WITH RESPECT TO SUCH FISCAL YEAR, PREPARED ON A QUARTERLY BASIS
(COLLECTIVELY, THE "PROJECTIONS"), WHICH PROJECTIONS SHALL IN EACH CASE BE
ACCOMPANIED BY A CERTIFICATE OF A RESPONSIBLE OFFICER STATING THAT SUCH
PROJECTIONS ARE BASED ON REASONABLE ESTIMATES, INFORMATION AND ASSUMPTIONS AND
THAT SUCH RESPONSIBLE OFFICER HAS NO REASON TO BELIEVE THAT SUCH PROJECTIONS ARE
INCORRECT OR MISLEADING IN ANY MATERIAL RESPECT;
56
(D)
IF THE BORROWER IS NOT THEN A REPORTING COMPANY UNDER THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED, WITHIN 45 DAYS AFTER THE END OF EACH FISCAL
QUARTER OF THE BORROWER (OR 90 DAYS, IN THE CASE OF THE LAST FISCAL QUARTER OF
ANY FISCAL YEAR), A NARRATIVE DISCUSSION AND ANALYSIS OF THE FINANCIAL CONDITION
AND RESULTS OF OPERATIONS OF THE BORROWER AND ITS SUBSIDIARIES FOR SUCH FISCAL
QUARTER AND FOR THE PERIOD FROM THE BEGINNING OF THE THEN CURRENT FISCAL YEAR TO
THE END OF SUCH FISCAL QUARTER, AS COMPARED TO THE PORTION OF THE PROJECTIONS
COVERING SUCH PERIODS AND TO THE COMPARABLE PERIODS OF THE PREVIOUS YEAR;
(E)
AS SOON AS POSSIBLE AND IN ANY EVENT WITHIN FIVE DAYS OF OBTAINING
KNOWLEDGE THEREOF, NOTICE OF ANY DEVELOPMENT, EVENT, OR CONDITION THAT,
INDIVIDUALLY OR IN THE AGGREGATE WITH OTHER DEVELOPMENTS, EVENTS OR CONDITIONS,
COULD REASONABLY BE EXPECTED TO RESULT IN THE PAYMENT BY THE BORROWER OR ANY OF
ITS SUBSIDIARIES OF A MATERIAL ENVIRONMENTAL AMOUNT;
(F)
WITHIN FIVE DAYS AFTER THE SAME ARE SENT, COPIES OF ALL FINANCIAL
STATEMENTS AND REPORTS THAT THE BORROWER SENDS TO THE HOLDERS OF ANY CLASS OF
ITS DEBT SECURITIES OR PUBLIC EQUITY SECURITIES AND, WITHIN FIVE DAYS AFTER THE
SAME ARE FILED, COPIES OF ALL FINANCIAL STATEMENTS AND REPORTS THAT THE BORROWER
MAY MAKE TO, OR FILE WITH, THE SEC; AND
(G)
PROMPTLY, SUCH ADDITIONAL FINANCIAL AND OTHER INFORMATION AS ANY LENDER
MAY FROM TIME TO TIME REASONABLY REQUEST.
6.3.
Payment of Obligations.
Pay, discharge or otherwise satisfy at or
before maturity or before they become delinquent, as the case may be, all its
obligations of whatever nature, except to the extent that (a) the amount or
validity thereof is currently being contested in good faith by appropriate
proceedings and reserves in conformity with GAAP with respect thereto have been
provided on the books of the relevant Group Member or (b) such obligation is not
material to the Group Members taken