INDEBTEDNESS FOR WHICH INTEREST IS PAYABLE BY THE ISSUANCE OF PAYMENT-IN-KIND
NOTES OR IS PERMITTED TO ACCRUE WITHOUT THE CONSENT OF THE REQUIRED LENDERS.
5.11.
FISCAL YEAR. NO CREDIT PARTY SHALL CHANGE ITS
FISCAL YEAR OR PERMIT ANY OF ITS SUBSIDIARIES TO CHANGE THEIR RESPECTIVE FISCAL
YEARS.
5.12.
PRESS RELEASE; PUBLIC OFFERING MATERIALS. EACH
CREDIT PARTY EXECUTING THIS AGREEMENT AGREES THAT NEITHER IT NOR ITS AFFILIATES
WILL IN THE FUTURE ISSUE ANY PRESS RELEASES OR OTHER PUBLIC DISCLOSURE,
INCLUDING ANY PROSPECTUS, PROXY STATEMENT OR OTHER MATERIALS FILED WITH ANY
GOVERNMENTAL AUTHORITY RELATING TO A PUBLIC OFFERING OF THE STOCK OF ANY CREDIT
PARTY, USING THE NAME OF GE CAPITAL OR ITS AFFILIATES OR REFERRING TO THIS
AGREEMENT, THE OTHER LOAN DOCUMENTS OR THE RELATED TRANSACTIONS DOCUMENTS, OTHER
THAN THE FILING OF THIS AGREEMENT, THE OTHER LOAN DOCUMENTS OR THE RELATED
TRANSACTIONS DOCUMENTS AS EXHIBITS TO ANY PUBLIC DISCLOSURE DOCUMENTS FILED BY
HOLDINGS OR ITS SUBSIDIARIES WITH THE SECURITIES AND EXCHANGE COMMISSION (AS
REQUIRED TO DO SO UNDER LAW) OR THE BANKRUPTCY COURT, WITHOUT AT LEAST TWO
(2) BUSINESS DAYS' PRIOR NOTICE TO GE CAPITAL AND WITHOUT THE PRIOR WRITTEN
CONSENT OF GE CAPITAL UNLESS (AND ONLY TO THE EXTENT THAT) SUCH CREDIT PARTY OR
AFFILIATE IS REQUIRED TO DO SO UNDER LAW AND THEN, IN ANY EVENT, SUCH CREDIT
PARTY OR AFFILIATE WILL CONSULT WITH GE CAPITAL BEFORE ISSUING SUCH PRESS
RELEASE OR OTHER PUBLIC DISCLOSURE.
5.13.
SUBSIDIARIES. THE CREDIT PARTIES SHALL NOT AND
SHALL NOT CAUSE OR PERMIT THEIR SUBSIDIARIES TO DIRECTLY OR INDIRECTLY
ESTABLISH, CREATE OR ACQUIRE ANY NEW SUBSIDIARY.
5.14.
DEPOSIT ACCOUNTS. THE CREDIT PARTIES SHALL NOT AND
SHALL NOT CAUSE OR PERMIT THEIR SUBSIDIARIES TO ESTABLISH ANY NEW DEPOSIT
ACCOUNTS, UNLESS, SUBJECT TO THE PROVISIONS OF SECTION 4.9, AGENT AND THE BANK
AT WHICH THE ACCOUNT IS TO BE OPENED ENTER INTO A CONTROL AGREEMENT REGARDING
SUCH DEPOSIT ACCOUNT PURSUANT TO WHICH SUCH BANK ACKNOWLEDGES THE SECURITY
INTEREST OF AGENT IN SUCH DEPOSIT ACCOUNT, AGREES TO COMPLY WITH INSTRUCTIONS
ORIGINATED BY AGENT DIRECTING DISPOSITION OF THE FUNDS IN THE DEPOSIT ACCOUNT
WITHOUT FURTHER CONSENT FROM SUCH CREDIT PARTY OR SUBSIDIARY, AND AGREES TO
SUBORDINATE AND LIMIT ANY SECURITY INTEREST THE BANK MAY HAVE IN THE DEPOSIT
ACCOUNT AND WAIVE ALL RIGHTS OF SET-OFF WITH RESPECT THERETO (OTHER THAN FOR
CUSTOMARY FEES AND EXPENSES) ON TERMS SATISFACTORY TO AGENT.
5.15.
HAZARDOUS MATERIALS. THE CREDIT PARTIES SHALL NOT
AND SHALL NOT CAUSE OR PERMIT THEIR SUBSIDIARIES TO CAUSE OR PERMIT A RELEASE OF
ANY HAZARDOUS MATERIAL ON, AT, IN, UNDER, ABOVE, TO, FROM OR ABOUT ANY OF THE
REAL ESTATE WHERE SUCH RELEASE WOULD (A) VIOLATE IN ANY RESPECT, OR FORM THE
BASIS FOR ANY ENVIRONMENTAL LIABILITIES BY THE CREDIT PARTIES OR ANY OF THEIR
SUBSIDIARIES UNDER, ANY ENVIRONMENTAL LAWS OR ENVIRONMENTAL PERMITS OR
(B) OTHERWISE ADVERSELY IMPACT THE VALUE OR MARKETABILITY OF ANY OF THE REAL
ESTATE OR ANY OF THE COLLATERAL, OTHER THAN SUCH VIOLATIONS OR ENVIRONMENTAL
LIABILITIES THAT COULD NOT REASONABLY BE EXPECTED TO