THAN ONE (1) SUCH FIELD
EXAMINATION IN ANY CALENDAR YEAR AT THE EXPENSE OF THE LOAN PARTIES.
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(C) THE LOAN PARTIES ACKNOWLEDGE THAT THE AGENT, AFTER EXERCISING ITS RIGHTS OF
INSPECTION, MAY PREPARE AND DISTRIBUTE TO THE LENDERS CERTAIN REPORTS PERTAINING
TO THE LOAN PARTIES' ASSETS FOR INTERNAL USE BY THE AGENT AND THE LENDERS,
SUBJECT TO THE PROVISIONS OF SECTION 9.12 HEREOF.
SECTION 5.07. HSBC AGREEMENT AND PERMITTED REPLACEMENT CREDIT CARD PROGRAM.
AT
LEAST FIFTEEN (15) DAYS PRIOR TO THE EXECUTION BY THE BORROWER OR ANY SUBSIDIARY
OF DOCUMENTS EVIDENCING THE PROPOSED ADOPTION OF ANY PERMITTED REPLACEMENT
CREDIT CARD PROGRAM (OR OF THE CONSUMMATION OF ANY PERMITTED ACQUISITION OF THE
TYPE REFERRED TO IN THE DEFINITION OF THE TERM "PERMITTED REPLACEMENT CREDIT
CARD PROGRAM"), THE BORROWER SHALL DELIVER OR CAUSE TO BE DELIVERED NOTICE TO
THE AGENT OF SUCH ADOPTION, WHICH NOTICE SHALL INCLUDE A COPY, IN THE
THEN-EXISTING FORM, OF ANY DOCUMENTS TO BE EXECUTED IN CONNECTION WITH SUCH
PERMITTED REPLACEMENT CREDIT CARD PROGRAM. THE BORROWER SHALL DELIVER OR CAUSE
TO BE DELIVERED TO THE AGENT COPIES OF ALL SUCH DOCUMENTS DELIVERED IN
CONNECTION WITH SUCH PERMITTED REPLACEMENT CREDIT CARD PROGRAM WITHIN A
REASONABLE PERIOD OF TIME AFTER THE EXECUTION OF SUCH DOCUMENTS, AND SHALL
DELIVER ANY CREDIT CARD NOTIFICATION IN CONNECTION THEREWITH REQUIRED UNDER
SECTION 2.21(F) IN ACCORDANCE WITH THE TERMS OF SECTION 2.21(F).
SECTION 5.08. COMPLIANCE WITH LAWS.
EACH LOAN PARTY WILL, AND WILL CAUSE EACH
SUBSIDIARY TO, COMPLY IN ALL MATERIAL RESPECTS WITH ALL REQUIREMENTS OF LAW
APPLICABLE TO IT OR ITS PROPERTY, EXCEPT WHERE THE FAILURE TO DO SO,
INDIVIDUALLY OR IN THE AGGREGATE, WOULD NOT REASONABLY BE EXPECTED TO RESULT IN
A MATERIAL ADVERSE EFFECT.
SECTION 5.09. USE OF PROCEEDS.
THE PROCEEDS OF THE LOANS WILL BE USED ONLY FOR
THE PURPOSES SPECIFIED IN THE INTRODUCTORY STATEMENT TO THIS AGREEMENT.
NO PART
OF THE PROCEEDS OF ANY LOAN AND NO LETTER OF CREDIT WILL BE USED, WHETHER
DIRECTLY OR INDIRECTLY, FOR ANY PURPOSE THAT WOULD ENTAIL A VIOLATION OF
REGULATIONS T, U OR X.
SECTION 5.10. INSURANCE.
EACH LOAN PARTY WILL, AND WILL CAUSE EACH SUBSIDIARY
TO, MAINTAIN, WITH FINANCIALLY SOUND AND REPUTABLE INSURANCE COMPANIES (A)
INSURANCE IN SUCH AMOUNTS AND AGAINST SUCH RISKS, AS ARE CUSTOMARILY MAINTAINED
BY SIMILARLY SITUATED COMPANIES ENGAGED IN THE SAME OR SIMILAR BUSINESSES
OPERATING IN THE SAME OR SIMILAR LOCATIONS (AFTER GIVING EFFECT TO ANY
SELF-INSURANCE REASONABLE AND CUSTOMARY FOR SIMILARLY SITUATED COMPANIES) AND
(B) ALL INSURANCE REQUIRED PURSUANT TO THE COLLATERAL DOCUMENTS (AND SHALL CAUSE
THE AGENT TO BE LISTED AS A LOSS PAYEE (TOGETHER WITH ANY OTHER LOSS PAYEE IN
ACCORDANCE WITH THE INTERCREDITOR AGREEMENT) ON PROPERTY AND CASUALTY POLICIES
COVERING LOSS OR DAMAGE TO COLLATERAL AND AS AN ADDITIONAL INSURED ON LIABILITY
POLICIES).
THE BORROWER WILL FURNISH TO THE AGENT, UPON REQUEST, INFORMATION IN
REASONABLE DETAIL AS TO THE INSURANCE SO MAINTAINED.
SECTION 5.11. ADDITIONAL COLLATERAL; FURTHER ASSURANCES.
(A)
SUBJECT TO
APPLICABLE LAW, THE BORROWER AND EACH SUBSIDIARY THAT IS A LOAN