RELATING TO THE MORTGAGED PROPERTY OR ANY PORTION THEREOF OR (II) THE FAILURE TO
DISCHARGE ANY OF MORTGAGOR'S OBLIGATIONS WITH RESPECT TO THE MORTGAGED PROPERTY
OR ANY PORTION THEREOF DESCRIBED HEREIN, FURNISH A COPY OF SUCH NOTICE TO THE
MORTGAGEE.
SECTION 4.5
ACCESS TO MORTGAGED PROPERTY, BOOKS AND RECORDS; OTHER
INFORMATION.
UPON REQUEST TO THE MORTGAGOR, THE MORTGAGEE, ITS AGENTS,
ACCOUNTANTS AND ATTORNEYS SHALL HAVE FULL AND FREE ACCESS TO VISIT AND INSPECT,
AS APPLICABLE, DURING NORMAL BUSINESS HOURS AND SUCH OTHER REASONABLE TIME AS
MAY BE REQUESTED BY THE MORTGAGEE TO ALL OF THE MORTGAGED PROPERTY INCLUDING,
WITHOUT LIMITATION, ALL OF THE BOOKS, CORRESPONDENCE AND RECORDS OF THE
MORTGAGOR RELATING THERETO.
THE MORTGAGEE AND ITS REPRESENTATIVES MAY EXAMINE
THE SAME, TAKE EXTRACTS THEREFROM AND MAKE PHOTOCOPIES THEREOF, AND THE
MORTGAGOR AGREES TO RENDER TO THE MORTGAGEE AT THE MORTGAGOR'S COST AND EXPENSE,
SUCH CLERICAL AND OTHER ASSISTANCE AS MAY BE REQUESTED BY THE MORTGAGEE WITH
REGARD THERETO.
THE MORTGAGOR SHALL, AT ANY AND ALL TIMES, WITHIN A REASONABLE
TIME AFTER WRITTEN REQUEST BY THE MORTGAGEE, FURNISH OR CAUSE TO BE FURNISHED TO
THE MORTGAGEE, IN SUCH MANNER AND IN SUCH DETAIL AS MAY BE REASONABLY REQUESTED
BY THE MORTGAGEE, ADDITIONAL INFORMATION WITH RESPECT TO THE MORTGAGED PROPERTY.
SECTION 4.6
LIMITATION ON LIENS; TRANSFER RESTRICTIONS.
THE MORTGAGOR MAY NOT,
WITHOUT THE PRIOR WRITTEN CONSENT OF THE MORTGAGEE, FURTHER MORTGAGE, ENCUMBER,
HYPOTHECATE OR PERMIT ANY LIEN AGAINST ALL OR ANY PART OF THE MORTGAGED PROPERTY
OR SUFFER OR ALLOW ANY OF THE FOREGOING TO OCCUR BY OPERATION OF LAW OR
OTHERWISE; PROVIDED, HOWEVER, THAT THE MORTGAGOR SHALL HAVE THE RIGHT TO SUFFER
TO EXIST THE FOLLOWING LIENS IN RESPECT OF THE MORTGAGED PROPERTY: (I) PRIOR
LIENS (BUT NOT EXTENSIONS, AMENDMENTS, SUPPLEMENTS OR REPLACEMENTS OF PRIOR
LIENS UNLESS CONSENTED TO BY THE MORTGAGEE) AND (II) LIENS DESCRIBED IN CLAUSE
(III) OF THE DEFINITION OF PERMITTED COLLATERAL LIENS (THE LIENS DESCRIBED IN
CLAUSES (I) AND (II) OF THIS SENTENCE, COLLECTIVELY, "PERMITTED REAL PROPERTY
LIENS").
THE MORTGAGOR MAY
15
NOT SELL, CONVEY OR ASSIGN ALL OR ANY PORTION OF THE MORTGAGED PROPERTY OTHER
THAN IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE INDENTURE.
SECTION 4.7
ENVIRONMENTAL.
(I)
HAZARDOUS MATERIALS.
THE MORTGAGOR SHALL (A) COMPLY WITH ANY AND ALL
PRESENT AND FUTURE ENVIRONMENTAL LAWS, (B) NOT RELEASE, STORE, TREAT, HANDLE,
GENERATE, DISCHARGE OR DISPOSE OF ANY HAZARDOUS MATERIALS AT, ON, UNDER OR FROM
THE MORTGAGED PROPERTY IN VIOLATION OF OR IN A MANNER THAT COULD RESULT IN ANY
MATERIAL LIABILITY UNDER ANY PRESENT AND FUTURE ENVIRONMENTAL LAW AND (C) TAKE
ALL NECESSARY STEPS TO INITIATE AND EXPEDITIOUSLY COMPLETE ALL REMEDIAL,
CORRECTIVE AND OTHER ACTION TO ELIMINATE ANY SUCH EFFECT.
IN THE EVENT THE
MORTGAGOR FAILS TO COMPLY WITH THE COVENANTS IN THE PRECEDING SENTENCE, THE
MORTGAGEE MAY, IN ADDITION TO ANY OTHER REMEDIES SET FORTH HEREIN, AS AGENT FOR
AND AT THE MORTGAGOR'S SOLE COST AND EXPENSE, CAUSE ANY NECESSARY REMEDIATION,
REMOVAL OR RESPONSE ACTION RELATING TO HAZARDOUS MATERIALS TO BE TAKEN AND THE