RESULT OF A CASUALTY EVENT EXCEPTED AND
(B) MAINTAIN WITH FINANCIALLY SOUND AND REPUTABLE INSURANCE COMPANIES INSURANCE
ON ALL ITS PROPERTY IN AT LEAST SUCH AMOUNTS AND AGAINST AT LEAST SUCH RISKS
(BUT INCLUDING IN ANY EVENT PUBLIC LIABILITY, PRODUCT LIABILITY AND BUSINESS
INTERRUPTION) AS ARE USUALLY INSURED AGAINST IN THE SAME GENERAL AREA BY
COMPANIES ENGAGED IN THE SAME OR A SIMILAR BUSINESS.
6.6
INSPECTION OF PROPERTY; BOOKS AND RECORDS;
DISCUSSIONS.
(A)
KEEP BOOKS OF RECORDS AND ACCOUNT IN WHICH FULL, TRUE AND
CORRECT ENTRIES IN CONFORMITY WITH GAAP AND ALL REQUIREMENTS OF LAW SHALL BE
MADE OF ALL DEALINGS AND TRANSACTIONS IN RELATION TO ITS BUSINESS AND ACTIVITIES
AND (B) PERMIT REPRESENTATIVES OF ANY LENDER, AT ITS OWN EXPENSE, TO VISIT AND
INSPECT (BUT NOT COLLECT SOIL, GROUNDWATER, SEDIMENT, SURFACE WATER OR AIR
SAMPLES) ANY OF ITS PROPERTIES AND EXAMINE AND MAKE ABSTRACTS FROM ANY OF ITS
BOOKS AND RECORDS, AT SUCH REASONABLE TIMES DURING NORMAL BUSINESS HOURS UPON
REASONABLE ADVANCE WRITTEN NOTICE TO THE PARENT BORROWER AND, SUBJECT TO THE
PROVISO BELOW, AS OFTEN AS MAY REASONABLY BE DESIRED AND TO DISCUSS THE
BUSINESS, OPERATIONS, PROPERTIES AND FINANCIAL AND OTHER CONDITION OF THE PARENT
BORROWER AND ITS SUBSIDIARIES WITH OFFICERS AND EMPLOYEES OF THE PARENT BORROWER
AND ITS SUBSIDIARIES AND WITH ITS INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
(SUBJECT TO SUCH INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS' CUSTOMARY PROCEDURES)
(SUCH VISITS AND INSPECTIONS SHALL BE COORDINATED BY THE LENDERS TO THE EXTENT
REASONABLY PRACTICABLE); PROVIDED THAT SUCH VISITS SHALL OCCUR NO MORE THAN TWO
TIMES PER YEAR IF NO EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING.
IN THE
ABSENCE OF AN EVENT OF DEFAULT, THE ADMINISTRATIVE AGENT AND THE LENDERS SHALL
GIVE PARENT BORROWER THE OPPORTUNITY TO PARTICIPATE IN ANY DISCUSSIONS WITH
PARENT BORROWER'S INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS.
6.7
NOTICES.
PROMPTLY GIVE NOTICE TO THE
ADMINISTRATIVE AGENT AND THE CANADIAN AGENT OF:
(a)
the occurrence of any Default or Event of
Default;
(b)
any (i) default or event of default under
any Contractual Obligation of the Parent Borrower or any of its Subsidiaries or
(ii) litigation, investigation or proceeding that may exist at any time between
Parent Borrower or any of its Subsidiaries and any Governmental Authority, that
in either case, if not cured or if adversely determined, as the case may be,
could reasonably be expected to have a Material Adverse Effect;
(c)
any litigation or proceeding affecting
Parent Borrower or any of its Subsidiaries in which the amount involved is
$1,000,000 or more and not covered by insurance or in which injunctive or
similar relief is sought and, with respect to any litigation or proceeding
relating to respiratory claims, Parent Borrower shall provide to the
Administrative Agent notice of such litigations and proceedings as disclosed in
the periodic reports and public filings of Parent Borrower, provided that after
such notice is provided to the Administrative Agent, and to the extent
reasonably requested by the Administrative Agent, the Parent Borrower shall
provide to the Administrative Agent any supporting documentation