REPORTS, PROXY STATEMENTS AND OTHER MATERIALS FILED BY THE US BORROWER
WITH THE SECURITIES AND EXCHANGE COMMISSION, OR ANY GOVERNMENTAL AUTHORITY
SUCCEEDING TO ANY OR ALL OF THE FUNCTIONS OF SAID COMMISSION, OR WITH ANY
NATIONAL SECURITIES EXCHANGE, AS APPLICABLE;
69
(E)
WITHIN 90 DAYS FOLLOWING THE COMMENCEMENT OF EACH FISCAL YEAR, THE
US BORROWER AND ITS SUBSIDIARIES OPERATING AND CAPITAL EXPENDITURE BUDGETS AND
CASH FLOW FORECAST FOR SUCH FISCAL YEAR (WHICH SHALL INCLUDE A PROJECTED
COMBINED BALANCE SHEET SUMMARY FOR THE US BORROWER AND ITS SUBSIDIARIES OF THE
LAST DAY OF SUCH FISCAL YEAR AND THE RELATED PROJECTED STATEMENTS OF COMBINED
INCOME AND CASH FLOWS FOR SUCH FISCAL YEAR);
(F)
PROMPTLY UPON RECEIPT OF ANY COMPLAINT, ORDER, CITATION, NOTICE
OR OTHER WRITTEN COMMUNICATION FROM ANY PERSON WITH RESPECT TO, OR UPON ANY
OBLIGOR'S OBTAINING KNOWLEDGE OF, (I) THE EXISTENCE OR ALLEGED EXISTENCE OF A
VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR ANY ENVIRONMENTAL LIABILITY IN
CONNECTION WITH ANY PROPERTY NOW OR PREVIOUSLY OWNED, LEASED OR OPERATED BY THE
BORROWERS OR ANY OF THEIR SUBSIDIARIES, (II) ANY RELEASE OF HAZARDOUS SUBSTANCES
ON SUCH PROPERTY OR ANY PART THEREOF IN A QUANTITY THAT IS REPORTABLE UNDER ANY
APPLICABLE ENVIRONMENTAL LAW, AND (III) ANY PENDING OR THREATENED PROCEEDING FOR
THE TERMINATION, SUSPENSION OR NON-RENEWAL OF ANY PERMIT REQUIRED UNDER ANY
APPLICABLE ENVIRONMENTAL LAW, IN EACH CASE OF CLAUSES (I), (II) AND (III) ABOVE
IN WHICH THERE IS A REASONABLE LIKELIHOOD OF AN ADVERSE DECISION OR
DETERMINATION THAT COULD REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE
EFFECT, A CERTIFICATE OF AN EXECUTIVE OFFICER OF THE US BORROWER, SETTING FORTH
THE DETAILS OF SUCH MATTER AND THE ACTIONS, IF ANY, THAT SUCH OBLIGOR IS
REQUIRED OR PROPOSES TO TAKE;
(G)
PROMPTLY FOLLOWING ANY REQUEST THEREFOR, SUCH OTHER INFORMATION
REGARDING THE OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF THE
BORROWERS OR ANY OF THEIR SUBSIDIARIES, OR COMPLIANCE WITH THE TERMS OF THIS
AGREEMENT, AS THE ADMINISTRATIVE AGENTS OR ANY LENDER MAY REASONABLY REQUEST;
AND
(H)
WITHIN 90 DAYS AFTER THE END OF EACH FISCAL YEAR, A REPORT IN FORM
AND SUBSTANCE REASONABLY SATISFACTORY TO THE ADMINISTRATIVE AGENT DESCRIBING ALL
MATERIAL INSURANCE COVERAGE MAINTAINED BY ANY OF THE OBLIGORS OR ANY OF THEIR
RESPECTIVE SUBSIDIARIES AS OF THE DATE OF SUCH REPORT.
Section 5.02
Notices of Material Events
The US Borrower will furnish
to the Administrative Agents and each Lender prompt written notice of the
following:
(A)
THE OCCURRENCE OF ANY DEFAULT AND THE ACTION THAT THE OBLIGORS ARE
TAKING OR PROPOSE TO TAKE WITH RESPECT THERETO;
(B)
THE FILING OR COMMENCEMENT OF ANY ACTION, SUIT OR PROCEEDING BY OR
BEFORE ANY ARBITRATOR OR GOVERNMENTAL AUTHORITY AGAINST ANY OBLIGOR THAT COULD
REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT OR THAT IN ANY
MANNER QUESTIONS THE VALIDITY OF THE LOAN DOCUMENTS;
(C)
THE OCCURRENCE OF ANY ERISA EVENT THAT, ALONE OR TOGETHER WITH ANY
OTHER ERISA EVENTS THAT HAVE OCCURRED, COULD REASONABLY BE EXPECTED TO RESULT IN
A MATERIAL ADVERSE EFFECT;