FAILURE TO SATISFY THE MINIMUM FUNDING STANDARD
REQUIREMENTS OF SECTION 412 OF THE CODE,
(B)
FURNISH TO ADMINISTRATIVE AGENT, PROMPTLY AFTER DELIVERY OF THE
SAME TO THE PBGC, A COPY OF ANY DELINQUENCY NOTICE PURSUANT TO SECTION 412(N)(4)
OF THE CODE,
94
(C)
CORRECT ANY SUCH FAILURE TO SATISFY FUNDING REQUIREMENTS OR
DELINQUENCY REFERRED TO IN THE FOREGOING CLAUSES (A) AND (B) WITHIN NINETY (90)
DAYS AFTER THE OCCURRENCE THEREOF, EXCEPT WHERE THE FAILURE TO SO SATISFY WOULD
NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT;
(D)
COMPLY IN GOOD FAITH IN ALL MATERIAL RESPECTS WITH THE REQUIREMENTS
SET FORTH IN SECTION 4980B OF THE CODE AND WITH SECTIONS 601(A) AND 606 OF
ERISA;
(E)
AT THE REQUEST OF ANY LENDER, DELIVER TO SUCH LENDER (AND A COPY
TO ADMINISTRATIVE AGENT) A COMPLETE COPY OF THE MOST RECENT ANNUAL REPORT (FORM
5500) OF EACH PLAN REQUIRED TO BE FILED WITH THE INTERNAL REVENUE SERVICE; AND
(F)
AT THE REQUEST OF ANY LENDER, DELIVER TO SUCH LENDER (AND A COPY
TO ADMINISTRATIVE AGENT) COPIES OF THE MOST RECENT ANNUAL REPORTS RECEIVED BY
ANY BORROWER OR ANY SUBSIDIARY OF ANY BORROWER OR ANY ERISA AFFILIATE WITH
RESPECT TO ANY PLAN OR FOREIGN PENSION PLAN NO LATER THAN TEN (10) DAYS AFTER
THE DATE OF SUCH REQUEST.
(B)
ESTABLISH, MAINTAIN AND OPERATE AND CAUSE EACH OF ITS SUBSIDIARIES
TO, ESTABLISH, MAINTAIN AND OPERATE ALL FOREIGN PENSION PLANS IN COMPLIANCE IN
ALL MATERIAL RESPECTS WITH ALL LAWS, REGULATIONS AND RULES APPLICABLE THERETO
AND THE RESPECTIVE REQUIREMENTS OF THE GOVERNING DOCUMENTS FOR SUCH FOREIGN
PENSION PLANS.
7.8
MAINTENANCE OF PROPERTY; INSURANCE.
(I) KEEP AND CAUSE EACH OF
ITS RESTRICTED SUBSIDIARIES TO KEEP, ALL MATERIAL PROPERTY (INCLUDING BUT NOT
LIMITED TO EQUIPMENT) USEFUL AND NECESSARY IN ITS BUSINESS IN GOOD WORKING ORDER
AND CONDITION, NORMAL WEAR AND TEAR AND DAMAGE BY CASUALTY EXCEPTED, (II)
MAINTAIN ON BEHALF OF ITS RESTRICTED SUBSIDIARIES AND CAUSE EACH OF ITS
RESTRICTED SUBSIDIARIES TO MAINTAIN, WITH FINANCIALLY SOUND AND REPUTABLE
INSURERS, INSURANCE WITH RESPECT TO ITS MATERIAL PROPERTIES AND BUSINESS AGAINST
LOSS OR DAMAGE OF THE KINDS CUSTOMARILY INSURED AGAINST BY PERSONS ENGAGED IN
THE SAME OR SIMILAR BUSINESS, OF SUCH TYPES AND IN SUCH AMOUNTS AS ARE
CUSTOMARILY CARRIED UNDER SIMILAR CIRCUMSTANCES BY SUCH OTHER PERSONS.
SUCH
INSURANCE SHALL BE MAINTAINED WITH FINANCIALLY SOUND AND REPUTABLE INSURERS,
EXCEPT THAT A PORTION OF SUCH INSURANCE PROGRAM (NOT TO EXCEED THAT WHICH IS
CUSTOMARY IN THE CASE OF COMPANIES ENGAGED IN THE SAME OR SIMILAR BUSINESS OR
HAVING SIMILAR PROPERTIES SIMILARLY SITUATED) MAY BE EFFECTED THROUGH
SELF-INSURANCE, PROVIDED ADEQUATE RESERVES THEREFOR, IN ACCORDANCE WITH GAAP,
ARE MAINTAINED.
ALL INSURANCE POLICIES OR CERTIFICATES (OR CERTIFIED COPIES
THEREOF) WITH RESPECT TO SUCH INSURANCE (A) SHALL BE ENDORSED TO THE COLLATERAL
AGENT'S REASONABLE SATISFACTION FOR THE BENEFIT OF THE COLLATERAL AGENT FOR THE
BENEFIT OF THE SECURED PARTIES (INCLUDING, WITHOUT LIMITATION, BY NAMING THE
COLLATERAL AGENT AS LOSS PAYEE OR ADDITIONAL INSURED, AS APPROPRIATE); AND (B)
SHALL STATE THAT SUCH INSURANCE POLICY