any holder or trustee of, under or with respect to any Subordinated Debt.
10.1.10
Other Information.
Promptly from time to time, such other
information concerning the Loan Parties as any Lender or the Administrative
Agent may reasonably request.
10.2
BOOKS, RECORDS AND INSPECTIONS.
KEEP, AND CAUSE EACH OTHER LOAN
PARTY TO KEEP, ITS BOOKS AND RECORDS IN ACCORDANCE WITH SOUND BUSINESS PRACTICES
SUFFICIENT TO ALLOW THE PREPARATION OF FINANCIAL STATEMENTS IN ACCORDANCE WITH
GAAP; PERMIT, AND CAUSE EACH OTHER LOAN PARTY TO PERMIT, ANY LENDER OR THE
ADMINISTRATIVE AGENT OR ANY REPRESENTATIVE THEREOF TO INSPECT THE PROPERTIES AND
OPERATIONS OF THE LOAN PARTIES; AND PERMIT, AND CAUSE EACH OTHER LOAN PARTY TO
PERMIT, AT ANY REASONABLE TIME AND WITH REASONABLE NOTICE (OR AT ANY TIME
WITHOUT NOTICE IF AN EVENT OF DEFAULT EXISTS), ANY LENDER OR THE ADMINISTRATIVE
AGENT OR ANY REPRESENTATIVE THEREOF TO VISIT ANY OR ALL OF ITS OFFICES, TO
DISCUSS ITS FINANCIAL MATTERS WITH ITS OFFICERS AND ITS INDEPENDENT AUDITORS
(AND THE COMPANY HEREBY AUTHORIZES SUCH INDEPENDENT AUDITORS TO DISCUSS SUCH
FINANCIAL MATTERS WITH ANY LENDER OR THE ADMINISTRATIVE AGENT OR ANY
REPRESENTATIVE THEREOF), AND TO EXAMINE (AND, AT THE EXPENSE OF THE LOAN
PARTIES, PHOTOCOPY EXTRACTS FROM) ANY OF ITS BOOKS OR OTHER RECORDS; AND PERMIT,
AND CAUSE EACH OTHER LOAN PARTY TO PERMIT, THE ADMINISTRATIVE AGENT AND ITS
REPRESENTATIVES TO INSPECT THE INVENTORY AND OTHER TANGIBLE ASSETS OF THE LOAN
PARTIES, TO PERFORM APPRAISALS OF THE EQUIPMENT OF THE LOAN PARTIES, AND TO
INSPECT, AUDIT, CHECK AND MAKE COPIES OF AND EXTRACTS FROM THE BOOKS, RECORDS,
COMPUTER DATA, COMPUTER PROGRAMS, JOURNALS, ORDERS, RECEIPTS, CORRESPONDENCE AND
OTHER DATA RELATING TO INVENTORY, ACCOUNTS AND ANY OTHER COLLATERAL.
ALL SUCH
INSPECTIONS OR AUDITS BY THE ADMINISTRATIVE AGENT SHALL BE AT THE COMPANY'S
46
EXPENSE, PROVIDED THAT SO LONG AS NO EVENT OF DEFAULT OR UNMATURED EVENT OF
DEFAULT EXISTS, THE COMPANY SHALL NOT BE REQUIRED TO REIMBURSE THE
ADMINISTRATIVE AGENT FOR INSPECTIONS OR AUDITS MORE FREQUENTLY THAN ONCE EACH
FISCAL YEAR.
10.3
MAINTENANCE OF PROPERTY; INSURANCE.
(A)
KEEP, AND CAUSE EACH
OTHER LOAN PARTY (OTHER THAN THE INACTIVE SUBSIDIARIES) TO KEEP, ALL PROPERTY
USEFUL AND NECESSARY IN THE BUSINESS OF THE LOAN PARTIES IN WORKING ORDER AND IN
SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE HEREOF, ORDINARY WEAR AND TEAR
EXCEPTED.
(B)
MAINTAIN, AND CAUSE EACH OTHER LOAN PARTY (OTHER THAN THE INACTIVE
SUBSIDIARIES) TO MAINTAIN, WITH RESPONSIBLE INSURANCE COMPANIES, SUCH INSURANCE
COVERAGE AS MAY BE REQUIRED BY ANY LAW OR GOVERNMENTAL REGULATION OR COURT
DECREE OR ORDER APPLICABLE TO IT AND SUCH OTHER INSURANCE, TO SUCH EXTENT AND
AGAINST SUCH HAZARDS AND LIABILITIES, AS IS CUSTOMARILY MAINTAINED BY COMPANIES
SIMILARLY SITUATED, BUT WHICH SHALL INSURE AGAINST ALL RISKS AND LIABILITIES OF
THE TYPE IDENTIFIED ON SCHEDULE 9.16 AND SHALL HAVE INSURED AMOUNTS NO LESS
THAN, AND DEDUCTIBLES NO HIGHER THAN, THOSE SET FORTH ON SUCH SCHEDULE; AND,
UPON WRITTEN REQUEST OF THE ADMINISTRATIVE AGENT OR ANY LENDER, FURNISH WITHIN
THREE (3) BUSINESS DAYS OF SUCH