RECEIPT THEREOF BY ANY LOAN PARTY OR ANY
ERISA AFFILIATE, COPIES OF EACH NOTICE FROM THE PBGC STATING ITS INTENTION TO
TERMINATE ANY ERISA PLAN OR TO HAVE A TRUSTEE APPOINTED TO ADMINISTER ANY ERISA
PLAN.
(I)
ACTUARIAL REPORTS.
PROMPTLY UPON
RECEIPT THEREOF BY ANY LOAN PARTY OR ANY ERISA AFFILIATE, A COPY OF THE ANNUAL
ACTUARIAL VALUATION REPORT FOR EACH PLAN THE FUNDED CURRENT LIABILITY PERCENTAGE
(AS DEFINED IN SECTION 302(D)(8) OF ERISA) OF WHICH IS LESS THAN 90% OR THE
UNFUNDED CURRENT LIABILITY OF WHICH EXCEEDS $5,000,000.
(J)
MULTIEMPLOYER PLAN NOTICES.
PROMPTLY
AND IN ANY EVENT WITHIN FIVE BUSINESS DAYS AFTER RECEIPT THEREOF BY ANY LOAN
PARTY OR ANY ERISA AFFILIATE FROM THE SPONSOR OF A MULTIEMPLOYER PLAN, COPIES OF
EACH NOTICE CONCERNING (I) THE IMPOSITION OF WITHDRAWAL LIABILITY BY ANY SUCH
MULTIEMPLOYER PLAN, (II) THE REORGANIZATION OR TERMINATION, WITHIN THE MEANING
OF TITLE IV OF ERISA, OF ANY SUCH MULTIEMPLOYER PLAN OR (III) THE AMOUNT OF
LIABILITY INCURRED, OR THAT MAY BE INCURRED, BY SUCH LOAN PARTY OR ANY ERISA
AFFILIATE IN CONNECTION WITH ANY EVENT DESCRIBED IN CLAUSE (I) OR (II) ABOVE.
(K)
LITIGATION.
PROMPTLY AFTER THE
COMMENCEMENT THEREOF, NOTICE OF EACH UNSTAYED ACTION, SUIT, INVESTIGATION,
LITIGATION AND PROCEEDING BEFORE ANY COURT OR GOVERNMENTAL DEPARTMENT,
COMMISSION, BOARD, BUREAU, AGENCY OR INSTRUMENTALITY, DOMESTIC OR FOREIGN,
AFFECTING ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES THAT (I) COULD BE REASONABLY
LIKELY TO HAVE A MATERIAL ADVERSE
87
EFFECT OR (II) PURPORTS TO AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF
THIS AGREEMENT, ANY NOTE, ANY OTHER LOAN DOCUMENT OR THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED HEREBY.
(L)
SECURITIES REPORTS.
PROMPTLY AFTER THE
SENDING OR FILING THEREOF, COPIES OF ALL PROXY STATEMENTS, FINANCIAL STATEMENTS
AND REPORTS THAT THE BORROWER SENDS TO ITS PUBLIC STOCKHOLDERS, COPIES OF ALL
REGULAR, PERIODIC AND SPECIAL REPORTS, AND ALL REGISTRATION STATEMENTS, THAT THE
BORROWER FILES WITH THE SECURITIES AND EXCHANGE COMMISSION OR ANY GOVERNMENTAL
AUTHORITY THAT MAY BE SUBSTITUTED THEREFOR, OR WITH ANY NATIONAL SECURITIES
EXCHANGE AND COPIES OF ALL PRIVATE PLACEMENT OR OFFERING MEMORANDA PURSUANT TO
WHICH SECURITIES OF ANY LOAN PARTY THAT ARE EXEMPT FROM REGISTRATION UNDER THE
SECURITIES ACT ARE PROPOSED TO BE ISSUED AND SOLD THEREBY; PROVIDED THAT SUCH
DOCUMENTS MAY BE MADE AVAILABLE BY POSTING ON THE BORROWER'S WEBSITE.
(M)
ENVIRONMENTAL CONDITIONS.
PROMPTLY AFTER THE
ASSERTION OR OCCURRENCE THEREOF, NOTICE OF ANY ENVIRONMENTAL ACTION AGAINST OR
OF ANY NON-COMPLIANCE BY ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES WITH ANY
ENVIRONMENTAL LAW OR ENVIRONMENTAL PERMIT THAT WOULD REASONABLY BE EXPECTED TO
(I) HAVE A MATERIAL ADVERSE EFFECT OR (II) CAUSE ANY OF ITS REAL PROPERTY TO BE
SUBJECT TO ANY RESTRICTIONS ON OWNERSHIP, OCCUPANCY, USE OR TRANSFERABILITY
UNDER ANY ENVIRONMENTAL LAW THAT WOULD REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT.
(N)
BANKRUPTCY PLEADINGS, ETC.
WITHIN FIVE DAYS
AFTER THE SAME IS AVAILABLE, COPIES OF ALL PLEADINGS, MOTIONS, APPLICATIONS,
JUDICIAL INFORMATION, FINANCIAL INFORMATION AND OTHER DOCUMENTS FILED BY OR ON
BEHALF OF ANY OF THE LOAN PARTIES WITH