THEIR SERVICES.
(F)
MANAGEMENT REPORT.
TOGETHER WITH EACH
DELIVERY OF FINANCIAL STATEMENTS OF BORROWER AND ITS SUBSIDIARIES PURSUANT TO
SUBSECTIONS 4.5(A) AND 4.5(B), BORROWER WILL DELIVER OR CAUSE TO BE DELIVERED
(I) IF BORROWER IS NO LONGER SUBJECT TO REPORTING REQUIREMENTS OF THE ACT,
REPORTS IN SCOPE AND CONTENT SUBSTANTIVELY SIMILAR TO ITS PRESENT SEC REPORTING
AND (II) QUARTERLY OPERATIONAL DATA IN SCOPE AND CONTENT SUBSTANTIALLY SIMILAR
TO THAT DATA NOW PROVIDED TO BORROWER'S BOARD OF DIRECTORS AS ITS MONTHLY
"DASHBOARD."
THE INFORMATION ABOVE SHALL BE PRESENTED IN REASONABLE DETAIL AND
SHALL BE CERTIFIED BY THE CHIEF FINANCIAL OFFICER OR CHIEF OPERATING OFFICER OF
BORROWER, RESPECTIVELY, TO THE EFFECT THAT, TO HIS OR HER KNOWLEDGE AFTER
REASONABLE DILIGENCE, SUCH INFORMATION FAIRLY PRESENTS THE RESULTS OF OPERATIONS
AND FINANCIAL CONDITION OF BORROWER AND ITS SUBSIDIARIES AS AT THE DATES AND FOR
THE PERIODS INDICATED.
(G)
Budget.
(i) As soon as reasonably available, but in any event
within 60 days after the first day of each fiscal year of Borrower,
respectively, occurring during the term hereof, Borrower shall deliver or cause
to be delivered operating and capital spending budgets (the "Budgets") of
Borrower and its Subsidiaries for such fiscal year, quarter by quarter and (ii)
promptly after becoming aware thereof, Borrower will deliver or cause to be
delivered any material amendment to or deviation from such Budgets.
(H)
SEC FILINGS AND PRESS RELEASES.
PROMPTLY UPON
THEIR BECOMING AVAILABLE, BORROWER WILL DELIVER OR CAUSE TO BE DELIVERED COPIES
OF (I) ALL FINANCIAL STATEMENTS, REPORTS, NOTICES AND PROXY STATEMENTS SENT OR
MADE AVAILABLE BY ANY LOAN PARTY OR ANY OF THEIR RESPECTIVE SUBSIDIARIES TO ANY
OF THEIR SECURITY HOLDERS GENERALLY, (II) ALL REGULAR AND PERIODIC REPORTS AND
ALL REGISTRATION STATEMENTS AND PROSPECTUSES, IF ANY, FILED BY ANY LOAN PARTY OR
ANY OF THEIR RESPECTIVE SUBSIDIARIES WITH ANY SECURITIES EXCHANGE OR WITH THE
SEC OR ANY GOVERNMENTAL OR PRIVATE REGULATORY AUTHORITY, AND (III) ALL MATERIAL
PRESS RELEASES AND OTHER STATEMENTS MADE AVAILABLE BY ANY LOAN PARTY OR ANY OF
THEIR RESPECTIVE SUBSIDIARIES TO THE PUBLIC CONCERNING DEVELOPMENTS IN THE
BUSINESS OF ANY SUCH PERSON.
(I)
EVENTS OF DEFAULT, ETC.
PROMPTLY UPON
ANY EXECUTIVE OFFICER OF ANY LOAN PARTY OBTAINING KNOWLEDGE OF ANY OF THE
FOLLOWING EVENTS OR CONDITIONS, BORROWER SHALL DELIVER COPIES OF ALL NOTICES
GIVEN OR RECEIVED BY ANY LOAN PARTY OR ANY OF THEIR RESPECTIVE SUBSIDIARIES WITH
RESPECT TO ANY SUCH EVENT OR CONDITION AND A CERTIFICATE OF BORROWER'S CHIEF
EXECUTIVE OFFICER OR CHIEF OPERATING OFFICER SPECIFYING THE NATURE AND PERIOD OF
EXISTENCE OF SUCH EVENT OR CONDITION AND WHAT ACTION, IF ANY, SUCH LOAN PARTY OR
SUCH SUBSIDIARY HAS TAKEN, IS TAKING AND PROPOSES TO TAKE WITH RESPECT THERETO:
(I) ANY EVENT OF DEFAULT OR DEFAULT; OR (II) ANY NOTICE THAT ANY PERSON HAS
GIVEN TO ANY LOAN PARTY OR ANY OF THEIR RESPECTIVE SUBSIDIARIES OR ANY OTHER
ACTION TAKEN WITH RESPECT TO A CLAIMED DEFAULT OR EVENT OR CONDITION OF THE TYPE
REFERRED TO IN SUBSECTION 6.1(B).
(J)
LITIGATION.
PROMPTLY UPON