COMPENSATION, AND LIABILITY ACT (42 U.S.C. § 9604) OR
ANY COMPARABLE STATE LAW, EXCEPT TO THE EXTENT THAT SUCH LETTER OR REQUEST COULD
NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
56
C.
THERE ARE AND, TO THE BORROWER'S AND EACH OF ITS SUBSIDIARIES'
KNOWLEDGE, HAVE BEEN NO CONDITIONS, OCCURRENCES, OR HAZARDOUS MATERIALS
ACTIVITIES WHICH COULD REASONABLY BE EXPECTED TO FORM THE BASIS OF AN
ENVIRONMENTAL CLAIM AGAINST THE BORROWER OR ANY OF ITS SUBSIDIARIES THAT,
INDIVIDUALLY OR IN THE AGGREGATE, COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT.
D.
COMPLIANCE WITH ALL CURRENT OR REASONABLY FORESEEABLE FUTURE
REQUIREMENTS PURSUANT TO OR UNDER ENVIRONMENTAL LAWS COULD NOT, INDIVIDUALLY OR
IN THE AGGREGATE, REASONABLY BE EXPECTED TO GIVE RISE TO A MATERIAL ADVERSE
EFFECT.
E.
NEITHER THE BORROWER NOR ANY OF ITS SUBSIDIARIES NOR, TO THE
KNOWLEDGE OF THE BORROWER, ANY PREDECESSOR OF THE BORROWER OR ANY SUBSIDIARY OF
SUCH PREDECESSOR, HAS FILED ANY NOTICE UNDER ANY ENVIRONMENTAL LAW INDICATING
PAST OR PRESENT TREATMENT OF HAZARDOUS MATERIALS AT ANY FACILITY, AND NONE OF
THE BORROWER'S NOR ANY OF ITS SUBSIDIARIES' OPERATIONS INVOLVES THE GENERATION,
TRANSPORTATION, TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE, AS DEFINED
UNDER 40 C.F.R.
PARTS 260 270 OR ANY STATE EQUIVALENT, EXCEPT TO THE EXTENT
THAT ANY OF THE FOREGOING COULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT.
F.
NO EVENT OR CONDITION HAS OCCURRED OR IS OCCURRING WITH RESPECT
TO THE BORROWER OR ANY OF ITS SUBSIDIARIES RELATING TO ANY ENVIRONMENTAL LAW,
ANY RELEASE OF HAZARDOUS MATERIALS, OR ANY HAZARDOUS MATERIALS ACTIVITY WHICH
INDIVIDUALLY OR IN THE AGGREGATE HAS HAD, OR COULD REASONABLY BE EXPECTED TO
HAVE, A MATERIAL ADVERSE EFFECT.
4.13
Pari Passu.
The Obligations and any other claims of the Lead Arrangers, the Agents and the
Lenders arising hereunder or under any of the Loan Documents rank at least pari
passu with the claims of all of such Credit Party's other senior unsecured
creditors, except those creditors whose claims are preferred by any bankruptcy,
insolvency, reorganization, moratorium or similar laws relating to or limiting
creditors' rights generally.
4.14
Restrictions.
There are no contractual restrictions on any Credit Party or any of their
Subsidiaries which prohibit or otherwise restrict the transfer of cash or other
assets from any such Subsidiary to such Credit Party, other than prohibitions or
restrictions permitted under Section 6.4.
SECTION 5.
AFFIRMATIVE COVENANTS
The Borrower covenants and agrees that, so long as the Commitments shall remain
in effect and until payment in full of all Obligations (other than Surviving
Obligations) and cancellation or expiration of all Letters of Credit, unless the
provisions of this Section 5 are waived or amended in accordance with
Section 9.5, the Borrower shall perform, and shall cause each of its
Subsidiaries to perform, all covenants in this Section 5.
5.1
Financial Statements and Other Reports.
The Borrower will deliver to Administrative Agent:
57
(I)
QUARTERLY FINANCIAL STATEMENTS:
AS SOON AS AVAILABLE, AND IN ANY
EVENT WITHIN 45 DAYS