WITH THIS SECTION 5.01(C); (V) REPORTING THE ADDITION OF
ANY PROPERTY INTEREST IN ACCORDANCE WITH SECTIONS 5.01(H) AND 5.09(C) HEREOF;
AND (VI) REPORTING ANY CAPITAL PROJECTS OR ACQUISITIONS EXCEEDING $2,000,000, IN
ANY SINGLE TRANSACTION OR SERIES OF TRANSACTION, THAT HAVE BEEN CONSUMMATED
WITHIN SUCH PERIOD AND CERTIFYING THAT IT COMPLIES WITH SECTION 6.04(E) HEREOF;
AND (VII) REPORTING THE EXISTENCE OF ANY INTELLECTUAL PROPERTY ADDED WITHIN SUCH
PERIOD;
(D)
CONCURRENTLY WITH ANY DELIVERY OF FINANCIAL STATEMENTS UNDER
CLAUSE (A) ABOVE, A COPY OF ANY MANAGEMENT LETTER OF THE ACCOUNTING FIRM THAT
REPORTED ON SUCH FINANCIAL STATEMENTS STATING WHETHER THEY OBTAINED KNOWLEDGE
DURING THE COURSE OF THEIR EXAMINATION OF SUCH FINANCIAL STATEMENTS OF ANY
DEFAULT (WHICH MANAGEMENT LETTER MAY BE LIMITED TO THE EXTENT REQUIRED BY
ACCOUNTING RULES OR GUIDELINES);
(E)
PROMPTLY AFTER THE SAME BECOME PUBLICLY AVAILABLE, COPIES OF ALL
REGISTRATION STATEMENTS, PERIODIC AND OTHER REPORTS, PROXY STATEMENTS AND OTHER
MATERIALS FILED BY THE BORROWER OR ANY SUBSIDIARY WITH THE SEC, OR ANY
GOVERNMENTAL AUTHORITY SUCCEEDING TO ANY OR ALL OF THE FUNCTIONS OF THE SEC, OR
WITH ANY NATIONAL SECURITIES EXCHANGE, OR DISTRIBUTED BY THE BORROWER TO ITS
SHAREHOLDERS GENERALLY, AS THE CASE MAY BE;
(F)
AS SOON AS AVAILABLE AND IN ANY EVENT WITHIN 45 DAYS AFTER THE
END OF EACH QUARTERLY FISCAL PERIOD OF EACH FISCAL YEAR OF THE BORROWER, A
STATEMENT OF OCCUPANCY RATES, REVENUE, AND OPERATING INCOME AT EACH OF THE
FACILITIES OWNED OR MAINTAINED BY THE BORROWER AND ITS SUBSIDIARIES AS AT THE
END OF SUCH PERIOD, FROM THE BEGINNING OF THE RESPECTIVE FISCAL YEAR TO THE END
OF SUCH FISCAL QUARTER, IN EACH CASE SETTING FORTH IN COMPARATIVE FORM THE
CORRESPONDING FIGURES FOR THE CORRESPONDING PERIODS IN THE BUDGET FOR SUCH
FACILITY;
40
(G)
AS SOON AS AVAILABLE AND IN ANY EVENT WITHIN TEN (10) BUSINESS
DAYS AFTER EACH QUARTERLY FISCAL PERIOD OF EACH FISCAL YEAR OF THE BORROWER, A
REPORT, IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE ADMINISTRATIVE
AGENT, SETTING FORTH AS OF THE LAST BUSINESS DAY OF SUCH PERIOD A TRUE AND
COMPLETE LIST OF ALL SWAP AGREEMENTS OF THE BORROWER AND EACH SUBSIDIARY, THE
MATERIAL TERMS THEREOF (INCLUDING THE TYPE, TERM, EFFECTIVE DATE, TERMINATION
DATE AND NOTIONAL AMOUNTS OR VOLUMES), THE NET MARK TO MARKET VALUE THEREFOR,
ANY NEW CREDIT SUPPORT AGREEMENTS RELATING THERETO NOT LISTED ON SCHEDULE 3.14,
ANY MARGIN REQUIRED OR SUPPLIED UNDER ANY CREDIT SUPPORT DOCUMENT, AND THE
COUNTER PARTY TO EACH SUCH AGREEMENT;
(H)
CONCURRENTLY WITH ANY DELIVERY OF FINANCIAL STATEMENTS UNDER
CLAUSE (A) ABOVE, THE BORROWER SHALL FURNISH TO THE ADMINISTRATIVE AGENT AND
EACH LENDER A CERTIFICATE, CERTIFIED AS TRUE AND CORRECT BY ONE OF ITS FINANCIAL
OFFICERS, SETTING FORTH A LIST, AS OF SUCH DATE, OF ALL OF THE REAL PROPERTY
INTERESTS HELD BY THE BORROWER AND ITS SUBSIDIARIES, INDICATING IN EACH CASE
WHETHER THE RESPECTIVE PROPERTY IS OWNED OR LEASED, THE LOCATION OF THE
RESPECTIVE PROPERTY, AND THE BOOK VALUE OF EACH PROPERTY; AND
(I)
PROMPTLY FOLLOWING ANY REQUEST THEREFOR, SUCH OTHER