APPLICATION UNDER SECTION 303 OF ERISA FOR THE WAIVER OF THE
MINIMUM FUNDING REQUIREMENTS UNDER SECTION 302(A) OF ERISA, NOTICE OF ANY SUCH
EVENT AND THE ACTION WHICH THE PARENT PROPOSES TO TAKE WITH RESPECT THERETO.
6.1.7
AS SOON AS POSSIBLE AND IN ANY EVENT WITHIN 10 DAYS AFTER RECEIPT BY THE
PARENT, THE BORROWER OR ANY SUBSIDIARY, A COPY OF (A) ANY NOTICE OR CLAIM TO THE
EFFECT THAT THE PARENT, THE BORROWER OR ANY SUBSIDIARY IS OR MAY BE LIABLE TO
ANY PERSON AS A RESULT OF THE RELEASE BY THE PARENT, THE BORROWER, ANY
SUBSIDIARY, OR ANY OTHER PERSON OF ANY TOXIC OR HAZARDOUS WASTE OR SUBSTANCE
INTO THE ENVIRONMENT, AND (B) ANY NOTICE ALLEGING ANY VIOLATION OF ANY
ENVIRONMENTAL LAW BY THE PARENT, THE BORROWER OR ANY SUBSIDIARY, WHICH, IN
EITHER CASE, WOULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
6.1.8
PROMPTLY UPON THE FILING THEREOF, COPIES OF ALL REGISTRATION STATEMENTS
AND ANNUAL, QUARTERLY, MONTHLY OR OTHER REGULAR REPORTS WHICH THE PARENT, THE
BORROWER OR ANY SUBSIDIARY PUBLICLY FILES WITH THE SEC.
6.1.9
SUCH OTHER INFORMATION (INCLUDING NON-FINANCIAL INFORMATION) AS THE AGENT
OR ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
6.2.
USE OF PROCEEDS.
THE PARENT AND THE BORROWER WILL, AND WILL CAUSE
EACH SUBSIDIARY TO, USE THE PROCEEDS OF THE CREDIT EXTENSIONS FOR GENERAL
CORPORATE PURPOSES, INCLUDING, WITHOUT LIMITATION, FOR WORKING CAPITAL,
PERMITTED ACQUISITIONS, DISTRIBUTIONS PERMITTED UNDER SECTION 6.10 AND PAYMENT
OF FEES AND EXPENSES INCURRED IN CONNECTION WITH THIS AGREEMENT.
THE BORROWER
SHALL USE THE PROCEEDS OF CREDIT EXTENSIONS IN COMPLIANCE WITH ALL APPLICABLE
LEGAL AND REGULATORY REQUIREMENTS AND ANY SUCH USE SHALL NOT RESULT IN A
VIOLATION OF ANY SUCH REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, REGULATION U
AND X.
6.3.
NOTICE OF DEFAULT.
WITHIN FIVE (5) BUSINESS DAYS AFTER AN
AUTHORIZED OFFICER BECOMES AWARE THEREOF, THE BORROWER WILL GIVE NOTICE IN
WRITING TO THE LENDERS OF THE OCCURRENCE OF (I) ANY DEFAULT OR UNMATURED DEFAULT
AND (II) ANY OTHER DEVELOPMENT, FINANCIAL OR OTHERWISE, WHICH WOULD REASONABLY
BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
6.4.
CONDUCT OF BUSINESS.
THE PARENT AND THE BORROWER WILL, AND WILL
CAUSE EACH SUBSIDIARY TO, CARRY ON AND CONDUCT ITS BUSINESS IN SUBSTANTIALLY THE
SAME FIELDS OF ENTERPRISE AS CONDUCTED BY THE PARENT OR ITS SUBSIDIARIES AS OF
THE RESTATEMENT EFFECTIVE DATE AND THOSE REASONABLY RELATED THERETO AND
REASONABLE EXTENSIONS THEREOF, AND DO ALL THINGS NECESSARY (SUBJECT TO
SECTION 6.11) TO REMAIN DULY INCORPORATED OR ORGANIZED, VALIDLY EXISTING AND (TO
THE EXTENT SUCH CONCEPT APPLIES TO SUCH ENTITY) IN GOOD STANDING AS A
CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY IN ITS JURISDICTION OF
INCORPORATION OR ORGANIZATION, AS THE CASE MAY BE, AND REMAIN QUALIFIED TO DO
BUSINESS AND REMAIN IN GOOD STANDING (TO THE EXTENT SUCH CONCEPT APPLIES TO SUCH
ENTITY) IN ALL JURISDICTIONS WHERE THE NATURE OF THE BUSINESS CONDUCTED BY IT
MAKES SUCH QUALIFICATION NECESSARY AND WHERE FAILURE TO SO QUALIFY WOULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
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