AS OF THE LAST DAY OF
THE LAST FISCAL PERIOD COVERED BY SUCH FINANCIAL STATEMENTS (BUT ONLY IN THE
EVENT THE FIXED CHARGE COVERAGE RATIO IS THEN BEING TESTED PURSUANT TO
SECTION 6.12) AND (III) STATING WHETHER ANY CHANGE IN GAAP OR IN THE APPLICATION
THEREOF HAS OCCURRED SINCE THE DATE OF THE AUDITED FINANCIAL STATEMENTS REFERRED
TO IN SECTION 3.04 AND, IF ANY SUCH CHANGE HAS OCCURRED, SPECIFYING THE EFFECT
OF SUCH CHANGE ON THE FINANCIAL STATEMENTS ACCOMPANYING SUCH CERTIFICATE;
(E) AS SOON AS AVAILABLE, BUT IN ANY EVENT NOT MORE THAN 30 DAYS AFTER THE END
OF EACH FISCAL YEAR OF THE PARENT BORROWER, A COPY OF THE PLAN AND FORECAST
(INCLUDING A PROJECTED CONSOLIDATED AND CONSOLIDATING BALANCE SHEET, INCOME
STATEMENT AND FUNDS FLOW STATEMENT) OF THE PARENT BORROWER AND THE SUBSIDIARIES
ON A CONSOLIDATED BASIS FOR EACH MONTH OF THE UPCOMING FISCAL YEAR (THE
"PROJECTIONS") IN FORM REASONABLY SATISFACTORY TO THE ADMINISTRATIVE AGENT AND,
PROMPTLY WHEN AVAILABLE, ANY SIGNIFICANT REVISIONS OF SUCH PROJECTIONS;
86
(F) AS SOON AS AVAILABLE BUT IN ANY EVENT WITHIN 10 BUSINESS DAYS FOLLOWING THE
END OF EACH CALENDAR MONTH, AND AT SUCH OTHER TIMES AS MAY BE REQUIRED PURSUANT
TO SECTION 2.22 OR AS MAY BE REQUESTED BY THE ADMINISTRATIVE AGENT, AS OF THE
PERIOD THEN ENDED, A BORROWING BASE CERTIFICATE AND SUPPORTING INFORMATION IN
CONNECTION THEREWITH, TOGETHER WITH ANY ADDITIONAL REPORTS WITH RESPECT TO EACH
BORROWING BASE AS THE ADMINISTRATIVE AGENT MAY REASONABLY REQUEST, PROVIDED THAT
THE PARENT BORROWER MAY, AT ITS ELECTION AND UPON NOTICE TO THE ADMINISTRATIVE
AGENT, DELIVER THE BORROWING BASE CERTIFICATE REQUIRED BY THIS
SECTION 5.01(F) ON OR BEFORE THE FIRST FRIDAY FOLLOWING THE END OF EACH CALENDAR
WEEK; PROVIDED FURTHER THAT, FOLLOWING SUCH ELECTION, THE PARENT BORROWER SHALL
DELIVER THE BORROWING BASE CERTIFICATE ON OR BEFORE THE FIRST FRIDAY FOLLOWING
THE END OF EACH CALENDAR WEEK UNTIL THE DATE THAT IS (I) IN THE CASE OF THE
FIRST OF SUCH ELECTIONS, 45 DAYS, OR (II) IN THE CASE OF ANY OTHER SUBSEQUENT
SUCH ELECTION, 180 DAYS, AFTER THE DATE ON WHICH THE FIRST BORROWING BASE
CERTIFICATE DELIVERED PURSUANT TO SUCH ELECTION IS DELIVERED TO THE
ADMINISTRATIVE AGENT;
(G) PROMPTLY AFTER THE SAME BECOME PUBLICLY AVAILABLE, COPIES OF ALL PERIODIC
AND OTHER REPORTS, PROXY STATEMENTS AND OTHER MATERIALS FILED BY HOLDINGS, THE
PARENT 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 HOLDINGS TO ITS SHAREHOLDERS GENERALLY,
AS THE CASE MAY BE;
(H) PROMPTLY FOLLOWING ANY WRITTEN REQUEST THEREFOR FROM THE ADMINISTRATIVE
AGENT (ON ITS OWN BEHALF OR ON BEHALF OF ANY LENDER), SUCH OTHER INFORMATION
REGARDING THE OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF HOLDINGS,
THE PARENT BORROWER OR ANY SUBSIDIARY, OR COMPLIANCE WITH THE TERMS OF THIS
AGREEMENT, AS THE ADMINISTRATIVE AGENT (ON ITS OWN BEHALF OR ON BEHALF OF SUCH
LENDER) MAY REASONABLY REQUEST (INCLUDING ANY INFORMATION REQUIRED TO BE
PROVIDED