TERMINATION OF, OR PERMITTED THE OCCURRENCE OF ANY OTHER EVENT WITH RESPECT TO,
ANY SUCH PLAN WHICH COULD REASONABLY BE EXPECTED TO RESULT IN ANY LIABILITY OF
BORROWER, INCLUDING ANY LIABILITY TO THE PENSION BENEFIT GUARANTY CORPORATION OR
ITS SUCCESSORS OR ANY OTHER GOVERNMENTAL AGENCY.
5.10
USE OF PROCEEDS.
BORROWER SHALL USE THE PROCEEDS OF THE CREDIT
EXTENSIONS SOLELY AS WORKING CAPITAL AND TO FUND ITS GENERAL BUSINESS
REQUIREMENTS AND NOT FOR PERSONAL, FAMILY, HOUSEHOLD OR AGRICULTURAL PURPOSES.
5.11
FULL DISCLOSURE.
NO WRITTEN REPRESENTATION, WARRANTY OR OTHER
STATEMENT OF BORROWER IN ANY CERTIFICATE OR WRITTEN STATEMENT GIVEN TO BANK, AS
OF THE DATE SUCH REPRESENTATION, WARRANTY, OR OTHER STATEMENT WAS MADE, TAKEN
TOGETHER WITH ALL SUCH WRITTEN CERTIFICATES AND WRITTEN STATEMENTS GIVEN TO
BANK, CONTAINS ANY UNTRUE STATEMENT OF A MATERIAL FACT OR OMITS TO STATE A
MATERIAL FACT NECESSARY TO MAKE THE STATEMENTS CONTAINED IN THE CERTIFICATES OR
STATEMENTS NOT MISLEADING (IT BEING RECOGNIZED BY BANK THAT THE PROJECTIONS AND
FORECASTS PROVIDED BY BORROWER IN GOOD FAITH AND BASED UPON REASONABLE
ASSUMPTIONS ARE NOT VIEWED AS FACTS AND THAT ACTUAL RESULTS DURING THE PERIOD OR
PERIODS COVERED BY SUCH PROJECTIONS AND FORECASTS MAY DIFFER FROM THE PROJECTED
OR FORECASTED RESULTS).
5.12
DESIGNATION OF OBLIGATIONS AS DESIGNATED SENIOR INDEBTEDNESS.
ALL
OBLIGATIONS, INCLUDING ALL PRINCIPAL, INTEREST (INCLUDING ALL INTEREST ACCRUING
AFTER THE COMMENCEMENT OF ANY BANKRUPTCY OR SIMILAR PROCEEDING, WHETHER OR NOT A
CLAIM FOR POST-PETITION INTEREST IS ALLOWABLE AS A CLAIM IN ANY SUCH
PROCEEDING), AND ALL FEES, COSTS, EXPENSES AND OTHER AMOUNTS ACCRUED OR DUE
UNDER THIS AGREEMENT AND OTHERWISE SHALL AT ALL TIMES CONSTITUTE "DESIGNATED
SENIOR INDEBTEDNESS" OR A SIMILAR CONCEPT THEREOF FOR PURPOSES OF ANY
INDEBTEDNESS OF THE BORROWER.
8
6
AFFIRMATIVE COVENANTS
Borrower shall do all of the following:
6.1
GOVERNMENT COMPLIANCE.
(A)
SUBJECT TO SECTIONS 7.2 AND 7.3, MAINTAIN ITS AND ALL ITS
SUBSIDIARIES' LEGAL EXISTENCE AND GOOD STANDING IN THEIR RESPECTIVE
JURISDICTIONS OF FORMATION AND MAINTAIN QUALIFICATION IN EACH JURISDICTION IN
WHICH THE FAILURE TO SO QUALIFY WOULD REASONABLY BE EXPECTED TO HAVE A MATERIAL
ADVERSE EFFECT ON BORROWER'S BUSINESS.
BORROWER SHALL COMPLY, AND HAVE EACH
SUBSIDIARY COMPLY, WITH ALL LAWS, ORDINANCES AND REGULATIONS TO WHICH IT IS
SUBJECT, NONCOMPLIANCE WITH WHICH COULD HAVE A MATERIAL ADVERSE EFFECT ON
BORROWER'S BUSINESS.
(B)
OBTAIN ALL OF THE GOVERNMENTAL APPROVALS NECESSARY FOR THE
PERFORMANCE BY BORROWER OF ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT
IS A PARTY AND THE GRANT OF A SECURITY INTEREST TO BANK IN ALL OF ITS PROPERTY.
BORROWER SHALL PROMPTLY PROVIDE COPIES OF ANY SUCH OBTAINED GOVERNMENTAL
APPROVALS TO BANK.
6.2
FINANCIAL STATEMENTS, REPORTS, CERTIFICATES.
(A)
BORROWER SHALL PROVIDE BANK WITH THE FOLLOWING:
(I)
UPON EACH REQUEST FOR A CREDIT EXTENSION AND, IN ALL EVENTS,
WITHIN THIRTY (30) DAYS AFTER THE END OF EACH MONTH A TRANSACTION REPORT (AND
ANY SCHEDULES RELATED THERETO INCLUDING, BUT NOT LIMITED TO, A SCHEDULE OF ANY
LITIGATION OF THE TYPE DESCRIBED IN SECTION 5.4 WHICH MAY ARISE OR BE THREATENED
FROM AND AFTER